Ports: truck drivers.

Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. This bill would require a trucking company, and a truck driver who is not classified as an employee by a trucking company, to provide to a port, defined to mean the Port of Long Beach or the Port of Los Angeles, certain information, including, with respect to a trucking company, a sworn affirmation by the trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law, as specified. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also require, beginning January 1, 2027, that information to be made publicly available by the port. The bill would require a trucking company to update a port within 30 days of a change to its operation that results in more than 50% of its employees being replaced by independent contractors and would impose a civil penalty of $5,000 for failure to do so. The bill would make a person who provides false or misleading information for the purpose of representing compliance with those requirements liable for a civil penalty of $20,000, as prescribed. This bill would require, beginning January 1, 2027, a port, on a quarterly basis, to publish on its internet website specified information regarding each truck that entered the port during the prior quarter. The bill would require a port, upon request of the Labor Commissioner, to provide to the Labor Commissioner additional information in the possession of the port regarding a truck that entered the port. By imposing new duties on a port, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Port of Long Beach and the Port of Los Angeles. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.