After hearing testimony from port truck drivers and warehouse workers, the Los Angeles City Council Trade, Travel and Tourism Committee unanimously voted to recommend passage of a city ordinance aimed at ending labor abuses of port truck drivers and warehouse workers at the ports of Los Angeles and Long Beach.
Port truck drivers, who ferry goods between the ports and nearby warehouses, and warehouse workers are important links in the global supply chain that delivers $450 billion worth of consumer goods from the ports of Los Angeles and Long Beach to retail stores, but they work under appalling conditions.
Council member Mike Bonin, a committee member who listened workers’ testimonies before the vote, described their working conditions as “modern day sharecropping.”
Duane Wilson, a warehouse worker who testified before the committee, said that racial discrimination, low wages, and his status as a temporary worker, who never knows from one day to the next whether he will work, make it impossible for him to earn a living wage.
Their political campaign complements their actions on the job that include strikes and an ongoing organizing campaign to make their jobs good-paying union jobs.
The campaign won a victory when the Trade, Travel, and Tourism Committee voted to recommend that the city council consider denying companies that violate city, state, or federal labor laws access to city property.
Currently, port trucking companies and warehouse owners operate on city-owned land at or near the ports.
At the federal level, Rep. Grace Napolitano has filed the Port Drivers Bill of Rights bill in the US House of Representatives.
On November 30, Sen. Bernie Sanders met with port truck drivers. After the meeting, Sanders said that he would support the Port Drivers Bill of Rights because “the federal government should not be rewarding trucking companies that exploit and abuse their workers.”
One way that these trucking companies exploit and abuse their workers is by misclassifying them as independent contractors instead of employees.
In doing so, companies don’t pay for social security, unemployment, or workers compensation benefits. They also don’t pay overtime when drivers work more than 40 hours a week, which they frequently do.
Also by misclassifying their drivers as independent contractors, trucking companies can find more ways to exploit drivers such as leasing trucks to drivers.
The lease agreement that workers are forced to sign in order to work requires them to pay as much as $60 a day to rent a truck and requires them to pay for insurance, fuel, and some maintenance costs.
These expenses can leave drivers in debt to trucking companies.
Judy Gearhart and Sarah Newell of the International Labor Rights Forum write that these “unethical leasing agreements” amount to “debt bondage” that result in some drivers being paid as little as $3 an hour, well below the federal minimum wage.
When drivers speak up about their working conditions, they often face reprisals.
Rene Flores, a port truck driver, told committee members at the hearing that he was fired for talking to a reporter about conditions on the job.
Despite the risks, port truck drivers and warehouse workers have been fighting back.
Since 2014 when the workers first began organizing, there have been 15 strikes by port truck drivers. They also have filed more than 1000 legal actions charging their bosses with wage theft and misclassifying them as independent contractors.
According to USA Today, which published an extensive expose about working conditions at the ports, judges have ruled in favor of the workers in 97 percent of these cases.
Most recently, an administrative law judge with the National Labor Relations Board ruled in favor of workers when he agreed that International Bridge Transport, which ships goods to warehouses owned by Amazon, Target, and others, had misclassified its truck drivers.
The judge ordered the company to stop misclassifying its drivers and stop intimidating and harassing drivers trying to form a union.
“Intermodal Bridge Transport has made it increasingly difficult for me to make a living by illegally and immorally classifying me as an independent contractor instead of an employee,” said Daniel Aneseko Uaina, an International Bridge Transport driver after learning about the judge’s ruling. “With this ruling, justice has been served and the company can no longer deny me my employee rights.”