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Committee advances SB 809 to address truck driver misclassification in construction
Summary
SB 809, sponsored by labor groups and authored by Sen. Durazo, was advanced by the Labor and Employment Committee. The bill aims to end misclassification of construction trucking drivers by requiring reclassification with amnesty and instituting a two-check pay system (separate pay for labor and equipment use).
Sen. María Elena Durazo presented SB 809 to the Assembly Labor and Employment Committee as legislation intended to curb long-running misclassification of truck owner-operators in construction. The bill would offer amnesty to employers who reclassify drivers as employees and pay overdue compensation, and would require a two-check system that separates payment for labor from payment for truck use.
Labor sponsors — including the California Teamsters and the State Building and Construction Trades Council — testified in support. Matt Broad of the California Teamsters described the proposal as a “carrot” to bring employers into compliance with AB 5-era rules; Judy Yee of the State Building and Construction Trades Council called it a “long overdue overhaul” for construction trucking. Supporting witnesses also included the California Federation of Labor Unions, trade unions and local labor councils. No opposition witnesses were recorded.
Committee members asked no sustaining questions in the transcript record and the committee voted to pass SB 809 and re-refer it to the Committee on Judiciary. The reported committee tally was 5–0.
Why it matters: proponents said misclassification deprives drivers of overtime, workers’ compensation and collective bargaining rights; the two-check system is intended to preserve fair compensation for both labor and the costs of vehicle ownership while bringing employers into compliance.
