Female truckers traverse our nation’s open roads every day, delivering food, lumber, munitions, and more.

As they transport goods from ports to store shelves or manufacturers to retailers, female truckers (like their male counterparts) should not have to worry about their ability to keep on trucking.

Self-employment for truckers is at risk thanks to new regulations from the Biden Department of Labor.

The Owner-Operator Model

Female truckers are unique but far from rare. According to the Women in Trucking (WIT) Association, women comprise over 10% of over-the-road (OTR) truck drivers in 2019.

Women have many options in pursuing a truck driving career. They can drive “solo” or as part of a “team” comprised of married couples, partners, or friends. 

Another fundamental choice is between self-employment and traditional employment. “Dedicated” drivers work for a single company, whereas “owner operators” work for themselves. Owner operators own the trucks they drive and have greater control over their schedule, an attractive benefit for many women. Unlike dedicated drivers owner operators are self-employed independent contractors.

Female truckers benefits describe the benefits of being owner-operators:

  • Flexibility to work on their own schedules
  • Financial security from securing their own contracts and rates
  • Freedom to work for themselves
  • Helpful for family needs
  • Fulfilling in terms of the ongoing training, skill building, and challenges

Drivers tell the tale:

https://www.truckerchoice.org/drivers

Challenges from Washington

Earlier this year, the Biden Administration enacted a new regulation changing the definition of who can be classified as an independent contractor. The new rule imposes a six-plus multi-factor test to determine status, and no factor is given greater weight. This new rule introduced confusion and uncertainty for independent contractors and companies that hire their services.

This rule squarely affects the trucking industry, specifically owner operators who are independent contractors. As their own bosses, they enjoy the benefits of independence, but also assume the responsibilities of maintaining their vehicles. The Trucker’s Integral to Our Economy, an organization dedicated to protecting the IC status in the trucking industry, explained the politics behind the new rule:

Building upon the momentum of the passage of AB5, Big Labor has come to Washington and has won another effort to force independent contractors to become employees with the hope of turning those employees into dues-paying union members.

This new Department of Labor rule replaces a straightforward, common sense approach to classification with a complicated six-factor test to determine whether a worker qualifies as an independent contract. 

Despite Congressional efforts to overturn the Biden IC rule, it remains in effect. If enacted on companies that contract owner operators, they face costly penalties for misclassifying these drovers and would be forced to hire them, potentially bankrupting their model.

Jim Utley, Vice President of Government Services for the Bennett Family of Companies, explained the devastating ramifications of their 50-year-old transportation company:

Bottom Line

The Biden-Harris Administration has prioritized restricting independent contracting, self-employment, and flexible work in America. At risk are the livelihoods of 400,000 owner-operator trucks nationwide—one out of ten of whom is female. 

The hardship that similar regulations enacted in California (the infamous Assembly Bill 5 or AB5) must not be nationalized. Otherwise, our economy will suffer the consequences.