Legislative Update and Watch List
Disclaimer: This legislative update was provided by SCI as a resource for CLDA members. The views and information presented are solely those of the author and do not represent an endorsement or official position of the CLDA or its leadership. This information is provided for educational purposes and does not constitute legal advice.
What's Happening Lately
The most recent development in your monitoring window is the introduction of New Jersey S4715, referred to the Senate Labor Committee on October 5th. While the bill's title suggests progress on independent contractor classification, it offers no relief for your business — the safe harbor it creates applies exclusively to creative professionals like actors and musicians, and Section g.(1)(b) explicitly excludes transportation and delivery services from eligibility. This matters because NJ's ABC test enforcement took effect October 1st, meaning your owner-operator relationships in New Jersey are already exposed with no carve-out on the horizon. The more significant developments are in California, where the legislative session closed on August 31st with two new laws your operations teams need to act on immediately. CA SB947 is now enrolled and headed to the Governor, establishing that any algorithmic or AI-driven system used to evaluate, discipline, or deactivate workers — including independent contractors — requires documented human review before action and a written notice to the affected worker at the time of the decision, with a $500 civil penalty per violation plus potential attorney's fees in private suits. Alongside it, CA AB1883 bans the use of emotion recognition, gait analysis, neural data collection, and similar surveillance features on any worker — again explicitly including independent contractors — with penalties up to $500 per worker per violation. If your company uses AI-enhanced dashcams, performance-scoring load boards, or biometric monitoring tools on California-based owner-operators, both laws demand an immediate technology and workflow audit. CA SB951, also passed, adds a 90-day advance notice requirement before any AI-driven mass termination of 25 or more contractors, with back-pay exposure and a $500-per-day civil penalty for noncompliance. At the federal level, activity is limited and near-term passage risk is low across the board. US HB10620, the Barron's Law Trucking Safety and Accountability Act, was introduced just before Congress recessed and faces an uphill path given likely Democratic chamber gains after the midterms — though brokers with principals carrying prior revoked registrations should note the chameleon carrier provisions in Section 4. US HB3495, which would codify IC status for direct sellers under the FLSA, has bipartisan support and some Senate momentum, but its lame-duck prospects are uncertain and its direct applicability to freight is limited. The overall legislative environment continues to tighten around technology-mediated contractor relationships, with California leading the way through laws that extend traditional employment protections fully into the IC space — leaving logistics brokers with an increasingly narrow operational margin between algorithmic efficiency and statutory compliance.
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Executive Summary — Legislative Watch List
Sorted by recent activity, then relevance score within each session group. Bills updated within 30 days are prioritized as action items.
Score: 8-10 = high (green) · 5-7 = moderate (amber) · 1-4 = low (red) · ◄ = updated within 30 days (action item) · Bill numbers link to LegiScan · Titles link to detail below
Alaska (AK) — 1 bill SESSION ENDED · May 20
Last action: May 16, 2026 (146 days ago)
5/10 SCORENEUTRAL
Transportation/delivery Network Companies
An Act relating to transportation network companies and delivery network companies; and relating to occupational accident insurance.
Status: H: L&C RPT HCS(L&C) NEW TITLE 3DP 2DNP 1NR 1AM / TITLE CHANGE: HCR 25 / DP: FRIER, FIELDS, HALL / DNP: COULOMBE, SADDLER / NR: CARRICK / AM: D.NELSON / FN2: ZERO(LWF) / FN3: ZERO(CED) / REFERRED TO RULES (May 16, 2026) · S: READ THE THIRD TIME CSSB 35(L&C) / RETURN TO SECOND FOR AM 1 UC / AM NO 1 ADOPTED UC / AUTOMATICALLY IN THIRD READING / PASSED Y17 N3 / TRANSMITTED TO (H) / VERSION: CSSB 35(L&C) AM (Apr 13, 2026)
Assessment: This bill extends Alaska's existing transportation network company (TNC) independent contractor safe harbor to delivery network company couriers, explicitly exempting them from workers' comp and employment classification under state law — a pro-IC framework. However, the courier definition is capped at vehicles under 6,000 pounds and deliveries within 50 miles, which excludes virtually all commercial freight and owner-operators you work with. The bill is also dead for the 2025-26 session as the regular session has ended and the announced special session is limited to gas pipeline matters.
Recommended action: Monitor this bill for its IC safe harbor provisions, but note it is scoped to app-based rideshare and light delivery couriers — not to the freight broker and owner-operator relationships that define your core business.
California (CA) — 7 bills SESSION ENDED · Aug 31
Last action: Jun 30, 2026 (101 days ago)
9/10 SCOREENACTED
Arbitration: validity of agreements to arbitrate.
An act to amend Section 1281 of the Code of Civil Procedure, relating to arbitration.
Status: S: Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.). (Jun 18, 2026)
Assessment: This law incorporates the FAA Section 1 transportation worker exemption directly into California state law, rendering arbitration clauses in owner-operator and IC driver agreements unenforceable in California state court whenever a federal court would also decline to compel arbitration under the FAA. After Bissonnette (2024), that exemption already applies broadly to any worker who physically moves goods in interstate commerce — meaning your arbitration clauses with owner-operators are now at risk in both federal and California state court simultaneously. The practical result is that disputes with independent carriers and drivers become significantly more likely to proceed as class actions or representative PAGA claims rather than individual arbitration, directly raising your litigation exposure and costs.
SB947 RECENT ACTIVITY
Last action: Sep 30, 2026 (9 days ago)
7/10 SCOREENACTED
Employment: automated decision systems.
An act to add Part 5.5.5 (commencing with Section 1520) to Division 2 of the Labor Code, relating to employment.
Status: S: Assembly amendments concurred in. (Ayes 28. Noes 10.) Ordered to engrossing and enrolling. (Aug 31, 2026)
Assessment: SB 947 is now California law and explicitly defines 'worker' to include independent contractors — meaning owner-operators you dispatch or deactivate through any AI-driven or algorithmic system (load boards, performance scoring, route optimization tools that inform deactivation) are covered. The law prohibits sole reliance on ADS output for any disciplinary, termination, or deactivation decision, requires a human reviewer to independently corroborate the ADS output before acting, and mandates a written post-use notice to the affected worker at the time of the decision — failure triggers a $500 civil penalty per violation plus potential punitive damages and attorney's fees in private civil actions. If your company uses algorithmic tools to evaluate, rate, or remove owner-operators from your network, you must establish a documented human-review process and notice workflow or face Labor Commissioner enforcement and direct civil suits from contractors.
SB951 RECENT ACTIVITY
Last action: Sep 30, 2026 (9 days ago)
6/10 SCOREENACTED
Employment: technological displacement: notice.
An act to amend Sections 1400.5 and 1401 of, and to add and repeal Section 1402.7 of, the Labor Code, relating to employment.
Status: S: In Senate. Concurrence in Assembly amendments pending. / Assembly amendments concurred in. (Ayes 29. Noes 10.) Ordered to engrossing and enrolling. (Aug 31, 2026)
Assessment: California's Worker Technological Displacement Act explicitly includes independent contractors in its definition of 'worker,' meaning that if your brokerage uses AI or automation to terminate owner-operator contracts at scale — affecting 25 or more contractors or 25% of your contracted workforce — you must provide 90 days written advance notice to affected workers, the EDD, and local workforce boards before acting. Failure to provide that notice exposes your business to back-pay liability calculated at up to 60 days of each worker's average compensation plus benefit costs, plus a $500-per-day civil penalty, with third-party reporting to the Labor Commissioner and a private right of action with fee-shifting. For brokers with more than 100 contracted workers, you are also prohibited from terminating those contractor relationships during the 90-day notice window, effectively freezing AI-driven workforce restructuring decisions for that period.
AB1883 RECENT ACTIVITY
Last action: Sep 30, 2026 (9 days ago)
7/10 SCOREENACTED
Workplace surveillance tools.
An act to add Part 5.8 (commencing with Section 1580) to Division 2 of the Labor Code, relating to employment.
Status: S: Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9.). (Aug 28, 2026)
Assessment: AB 1883 now applies directly to your business if you use workplace surveillance tools — including geolocation tracking, electronic logging devices, dashcams with biometric features, or productivity-monitoring systems — on any California-based workers, and critically, the law's definition of 'worker' explicitly includes independent contractors, meaning your owner-operators in California are covered. The law bans emotion recognition, gait recognition, neural data collection, and any surveillance tool used to infer protected class status, and authorizes civil actions by workers, the Labor Commissioner, and public prosecutors with penalties up to $500 per worker per violation plus punitive damages and attorney's fees. Brokers using AI-enhanced dashcams or monitoring platforms with any of these prohibited features face immediate exposure and should audit their technology stack against these prohibitions now.
Last action: May 14, 2026 (148 days ago)
6/10 SCOREOPPOSE
Workplace artificial intelligence tools.
An act to add Part 5.9 (commencing with Section 1600) to Division 2 of the Labor Code, relating to employment.
Assessment: AB 1898 defines 'worker' to include independent contractors, meaning your owner-operators are covered — any automated decision system or surveillance tool you use to assign loads, track location, evaluate performance, or set productivity quotas triggers mandatory written notice, worker signature confirmation, and a 90-day pre-deployment waiting period. Violations expose your business to civil action by workers or their representatives, injunctive relief, punitive damages, and up to $500 per worker per violation. The bill has not yet crossed chambers and the session ends August 31, 2026, so its path forward is uncertain — but its IC-inclusive scope and operational friction for AI-dependent brokerage workflows make it worth monitoring closely.
Recommended action: Brokers using AI-based load matching, driver performance scoring, route optimization, or geolocation tracking should engage against this bill or prepare compliance programs covering the mandatory written notice, worker signature, and annual AI tool disclosure requirements.
Last action: Sep 13, 2025 (391 days ago)
6/10 SCORENEUTRAL
California Preventing Algorithmic Collusion Act of 2025.
An act to add Chapter 8 (commencing with Section 17370) to Part 2 of Division 7 of the Business and Professions Code, relating to business regulations.
Status: S: Read third time. Passed. (Ayes 29. Noes 10. Page 1470.) Ordered to the Assembly. (Jun 03, 2025)
Assessment: This bill targets algorithmic pricing tools that use competitor data, and its definition of 'pricing algorithm' is broad enough to capture load boards, dynamic rate engines, or AI-based freight pricing platforms commonly used by brokers — particularly the prohibition in Section 17373 on using any algorithm trained with competitor data if that algorithm is also used by others in the same or related market. The disclosure requirement in Section 17375 adds a direct operational obligation: if your company has $5M+ in annual revenue and uses an algorithm to set rates or contractor pay, you must notify both customers and independent contractors (owner-operators) before a transaction. Civil penalties of $10,000/day per violation and potential injunctive relief make noncompliance costly, but the bill's actual impact on your business depends heavily on whether your pricing tools incorporate competitor rate benchmarks — a common feature in freight technology.
Recommended action: Monitor this bill for scope and enforcement developments, and consult legal counsel to assess whether your freight pricing or load-matching tools use competitor rate data in ways that could trigger liability or disclosure mandates.
Last action: Sep 3, 2025 (401 days ago)
6/10 SCOREOPPOSE
Employment: nonpayment of wages: complaints.
An act to amend Sections 98, 98.1, and 98.2 of the Labor Code, relating to employment.
Status: S: Ordered to inactive file at the request of Senator Smallwood-Cuevas. (Sep 03, 2025)
Assessment: This bill restructures California's Labor Commissioner wage complaint process with new mandatory timelines, a default judgment mechanism if defendants don't respond within 30 days, and a new 30% administrative fee on any order, decision, or award — all of which increase enforcement pressure on any business that uses California workers, including brokers disputing IC classification. Critically, the answer requirements explicitly require a defendant denying an employment relationship on IC grounds to affirmatively justify that classification under California's ABC test (Labor Code Section 2775 et seq.), meaning any wage dispute involving an owner-operator automatically triggers ABC test scrutiny in the Labor Commissioner's expedited process. The current law sections provided were unreadable HTML, so a direct line-by-line comparison was not possible, but the bill's digest and statutory language confirm these are substantive new procedural requirements — not preserved language — that will make it faster and more costly to defend IC arrangements before the Labor Commissioner.
Recommended action: Engage with the California Trucking Association or similar industry groups to oppose or seek amendments exempting independent contractor disputes from the expedited enforcement and 30% administrative fee provisions.
Georgia (GA) — 1 bill SESSION ENDED · Apr 2
Last action: May 11, 2026 (151 days ago)
8/10 SCOREENACTED
Voluntary Portable Benefit Plan Act; enact
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for portable benefit plans and portable benefit accounts for independent contractors; to provide for definitions; to provide for voluntary contributions; to provide for independent contractors to opt in to withholdings; to provide for independent contractors to opt out at any time; to exclude voluntary contributions from establishing the classification of employer or employment; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.
Status: H: House Date Signed by Governor (May 11, 2026) · S: Senate Third Read / Senate Passed/Adopted (Mar 20, 2026)
Assessment: Georgia's Voluntary Portable Benefit Plan Act explicitly provides that voluntary contributions to an independent contractor's portable benefit account — including contributions withheld from compensation under a written opt-in agreement — do not reclassify the hiring party as an employer or the work as employment under Georgia's employment security statutes. This is a direct safe harbor for logistics brokers: you can now fund health, disability, retirement, or other benefits for owner-operators without that financial relationship being used as evidence of an employment relationship under Georgia law. The opt-in/opt-out structure keeps the arrangement contractor-controlled, and the statutory carve-out from employer classification removes one of the most significant risks that historically discouraged brokers from offering any benefit support to independent contractors.
Hawaii (HI) — 5 bills SESSION ENDED · May 8
HB2587 / SB3292
Last action: Feb 17, 2026 (234 days ago)
8/10 SCOREOPPOSE
Relating To Labor.
Clarifies the employment status of certain delivery drivers under state laws related to workers' compensation, wage and hour, temporary disability insurance, family leave, tax classification of business relationships, and unemployment insurance by establishing conditions under which delivery drivers are deemed employees of the business operating the delivery program. Effective 7/1/3000. (HD1)
Status: H: Reported from LAB (Stand. Com. Rep. No. 285-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. / Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Reyes Oda voting aye with reservations; Representative(s) Garcia, Muraoka, Pierick voting no (3) and Representative(s) Cochran, Lee, M., Poepoe excused (3). (Feb 17, 2026) · S: Referred to LBT, WAM. (Feb 02, 2026)
Assessment: This bill amends Hawaii's workers' compensation, wage and hour, temporary disability, family leave, unemployment insurance, and tax statutes to deem delivery drivers employees — without applying Hawaii's existing ABC test — if they face algorithmic delivery deadlines and cannot decline assignments without penalty; critically, any IC agreement covering such drivers is explicitly voided and unenforceable. While the statutory definition of 'delivery driver' is limited to personal-vehicle couriers delivering from warehouses to end users, the 'arranges, assigns, or dispatches' language in each section could rope in brokers who coordinate last-mile delivery runs using owner-operators operating personal vehicles. The bill's effective date is listed as 7/1/3000 in the description but the enrolled bill text says 'upon approval,' so monitor for any amendment reconciling this discrepancy, and track whether a special session is called given the regular session has ended.
Recommended action: Engage Hawaii legislators and industry associations to oppose this bill, which would void independent contractor agreements for delivery drivers meeting a two-prong behavioral test across six state statutes.
Last action: Feb 4, 2026 (247 days ago)
8/10 SCOREOPPOSE
Relating To Private Sector Collective Bargaining Rights.
Expands under certain circumstances the types of employees protected by the Hawaii Employment Relations Act to include independent contractors and all individuals subject to the jurisdiction of the National Labor Relations Act of 1935.
Status: S: The committee on LBT deferred the measure. (Feb 04, 2026)
Assessment: This bill amends Hawaii's Employment Relations Act to extend state collective bargaining protections to individuals subject to NLRA jurisdiction — including independent contractors explicitly named in the bill — during any period when the NLRB lacks a quorum for 30 or more days. For logistics brokers, this is a direct operational threat: owner-operators who are currently classified as independent contractors could gain the right to organize, bargain collectively, and file unfair labor practice claims under Hawaii law whenever federal oversight lapses, fundamentally destabilizing your broker-carrier contracting model. The trigger is automatic and recurring, meaning every future NLRB quorum failure — a real and recurring political risk — could re-expose your Hawaii operations to state labor board jurisdiction over your contractor relationships.
Recommended action: Logistics brokers operating in Hawaii should oppose this bill and engage with Hawaii legislators to prevent owner-operators from being swept into state collective bargaining coverage during any future NLRB quorum gap.
Relating To Private Sector Collective Bargaining Rights.
Expands the types of employees protected by the Hawaii Employment Relations Act to include independent contractors and all individuals subject to the jurisdiction of the National Labor Relations Act.
Status: H: Introduced and Pass First Reading. / Referred to LAB, JHA, referral sheet 3 (Jan 23, 2025) · S: Reported from LBT (Stand. Com. Rep. No. 402) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. / Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. / Re-Referred to LBT, JDC/WAM. (Feb 12, 2025)
Assessment: This bill amends Hawaii's Employment Relations Act by striking the phrase 'other than an independent contractor' from the definition of 'employee,' directly sweeping independent contractors — including owner-operators you contract with — into the state's collective bargaining framework. It also removes the NLRA exclusion, extending Hawaii's labor protections to all individuals subject to NLRA jurisdiction rather than only those the NLRB has declined to cover. If enacted, your owner-operator contracts could be subject to state-level organizing rights, unfair labor practice claims, and collective bargaining demands that do not currently apply to IC relationships under federal law. The session ended May 8, 2026 without enactment, so no immediate threat — but monitor for reintroduction in 2027.
Recommended action: Logistics brokers should oppose this bill and engage Hawaii legislators to oppose its passage, as it would expose owner-operator relationships to state-level collective bargaining obligations previously inapplicable to independent contractors.
SB2088 / HB1545
Last action: Mar 20, 2026 (203 days ago)
6/10 SCORESUPPORT
Relating To Health Care Plans For Workers.
Requires the Department of Labor and Industrial Relations, in consultation with the Insurance Commissioner, to establish and implement a five-year voluntary Nontraditional Workforce Portable Health Care Benefit Plan Pilot Program that offers high deductible health plans or catastrophic health plans to nontraditional workers who are ineligible for health benefits provided by the Hawaii Employer-Union Health Benefits Trust Fund or prepaid health care plans under the Prepaid Health Care Act. Requires reports to the Legislature. Appropriates funds. Effective 7/1/3000. (HD1)
Status: H: Reported from LAB (Stand. Com. Rep. No. 1263-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC. / Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; Representative(s) Shimizu voting no (1) and Representative(s) Quinlan excused (1). (Mar 20, 2026) · S: Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. (Mar 10, 2026)
Assessment: This Hawaii pilot program is a portable benefits bill with explicit IC-status protection built in: Section 2(b)(5)(B) states that contributions to a portable health care benefit plan 'shall not be used as a criterion for determining a person's employment classification,' and Section 2(b)(6) directly shields internet/app-based company contributions from being construed as evidence of an employment relationship for workers' comp, unemployment, or disability purposes. For logistics brokers contracting with owner-operators in Hawaii, this is the kind of portable benefits framework your industry should actively support — it gives independent contractors access to health coverage without triggering reclassification risk. The bill is currently dead for the 2026 session (effective date 7/1/3000 signals it did not pass), but it represents a legislative template worth monitoring and endorsing if reintroduced.
Recommended action: Brokers and their trade associations should support this bill and advocate for its passage as a model that explicitly preserves IC status while expanding access to health benefits.
Last action: Dec 8, 2025 (305 days ago)
6/10 SCORENEUTRAL
Relating To Labor.
Establishes a Portable Benefits Program under the administration of a board of trustees to provide portable benefits to gig workers. Expands the Hawaii Retirement Savings Program to gig workers. Appropriates funds.
Status: H: Referred to LAB, FIN, referral sheet 4 (Jan 27, 2025)
Assessment: This bill creates a mandatory portable benefits program for gig workers in Hawaii, requiring 'contracting agents' — a definition broad enough to capture freight brokers arranging loads paid via 1099 — to make per-transaction or per-hour contributions to qualified benefit providers covering workers' comp, health insurance, paid time off, and retirement. Critically, Section -10 explicitly states that compliance with these contribution requirements shall not be used to determine a worker's employment status or the contracting agent's employment relationship under Hawaii's unemployment statute (Chapter 383), which is a meaningful IC-status firewall your legal team should verify extends to all relevant Hawaii labor statutes. The bill is stalled with Hawaii's regular session ending May 8, 2026, but the compliance cost mechanism — mandatory contributions, a private cause of action for noncompliance, and a board-imposed fee on contracting agents — represents a real operational burden if it advances.
Recommended action: Monitor this bill closely and engage Hawaii legislators to ensure the explicit IC-status carve-out in Section -10 is preserved and strengthened if the bill advances in a future session.
Iowa (IA) — 8 bills SESSION ENDED · May 3
Last action: Mar 31, 2026 (192 days ago)
8/10 SCOREOPPOSE
A bill for an act prohibiting the misclassification of employees as independent contractors, providing penalties, and including applicability provisions.
A bill for an act prohibiting the misclassification of employees as independent contractors, providing penalties, and including applicability provisions.
Status: H: Motion to invoke Rule 60 to place on Calendar, yeas 92, nays 0. H.J. 769. / Motion prevailed. H.J. 769. / Placed on calendar. H.J. 769. / Rereferred to Labor and Workforce. H.J. 784. (Mar 31, 2026)
Assessment: This bill creates a new Iowa enforcement chapter imposing civil penalties up to $10,000 per misclassified individual and class 'D' felony criminal liability — up to five years confinement — on employers who willfully classify workers as independent contractors rather than employees under IRS guidelines. The burden of proof in any enforcement action falls on you as the employer to disprove misclassification, and the Department of Workforce Development gains dedicated inspection and enforcement authority. Although the IRS standard is less hostile than an ABC test, the felony exposure and per-contractor penalty structure create severe financial and legal risk for brokers whose business model depends on contracting with owner-operators.
Recommended action: Engage Iowa legislative contacts and industry associations to oppose this bill, which would expose logistics brokers to felony criminal liability and per-contractor civil penalties for IC arrangements deemed misclassification under IRS guidelines.
Last action: Feb 12, 2025 (604 days ago)
8/10 SCOREOPPOSE
A bill for an act prohibiting the misclassification of employees as independent contractors, providing penalties, and including applicability provisions.
A bill for an act prohibiting the misclassification of employees as independent contractors, providing penalties, and including applicability provisions.
Status: H: Introduced, referred to Labor and Workforce. H.J. 303. (Feb 12, 2025)
Assessment: This bill creates a new Iowa chapter prohibiting 'willful misclassification' of employees as independent contractors, with civil penalties up to $10,000 per worker per offense and — critically — a Class D felony charge carrying up to five years imprisonment for violations. The misclassification standard ties to IRS regulations, which apply a multi-factor behavioral and economic control analysis that can sweep in owner-operators depending on how tightly your contracts and dispatch practices are structured. The burden of proof is reversed onto the employer to disprove a violation, and the Iowa Department of Workforce Development gains dedicated enforcement and inspection authority — meaning your broker operations face audit exposure, mandatory referral to county attorneys, and criminal prosecution risk if an IC arrangement is challenged. Note: the 2026 Iowa regular session ended May 3 — this bill cannot advance unless a special session is called, so immediate threat is low but the proposal warrants monitoring.
Recommended action: Engage Iowa legislative contacts to oppose this bill, which would expose brokers to felony criminal liability and per-worker civil penalties for IC arrangements that regulators determine violate IRS classification guidelines.
Last action: Apr 3, 2025 (554 days ago)
7/10 SCORESUPPORT
A bill for an act providing for the regulation of delivery network companies and drivers, making penalties applicable, and including effective date provisions.(Formerly HF 7.)
A bill for an act providing for the regulation of delivery network companies and drivers, making penalties applicable, and including effective date provisions.(Formerly HF 7.)
Status: H: Referred to Commerce. H.J. 895. (Apr 03, 2025)
Assessment: Section 321Q.6 affirmatively states that delivery network drivers 'shall be considered an independent contractor and shall not be considered an agent or employee' of the delivery network company — a statutory safe harbor that directly protects your IC arrangements from reclassification claims. The bill also excludes delivery network companies and drivers from the definition of 'motor carrier' under Chapter 325A, which removes a layer of state carrier regulation that could otherwise trigger additional compliance obligations. If your business operates a digital platform connecting drivers to delivery requests in Iowa, this bill establishes a favorable legal framework — though note the session ended May 3, 2026, so it cannot advance without a special session.
Recommended action: Logistics brokers and freight companies operating digital freight networks in Iowa should support this bill, as it explicitly classifies delivery network drivers as independent contractors and exempts delivery network companies from motor carrier regulations.
Last action: Mar 13, 2025 (575 days ago)
7/10 SCORESUPPORT
A bill for an act prohibiting the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status.(Formerly HSB 169.)
A bill for an act prohibiting the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status.(Formerly HSB 169.)
Status: H: SF 377 substituted. H.J. 648. / Withdrawn. H.J. 656. (Mar 13, 2025)
Assessment: This Iowa bill creates an explicit safe harbor by prohibiting any state-law employment classification determination — employee, independent contractor, or joint employer — from using a motor carrier's deployment or requirement of safety devices, software, training, or operational practices as a factor. For brokers, this is directly protective: when your carrier contracts require ELDs, dashcams, or safety programs, plaintiffs and agencies cannot use that contractual control as evidence of an employment relationship. The bill did not advance before the 2026 regular session ended May 3 and would require a special session to move forward — monitor for reintroduction in the next session.
Recommended action: Logistics brokers and carriers should support this bill and track its companion SF 377, as it prevents safety technology mandates from being weaponized in worker misclassification claims under Iowa law.
Last action: Mar 10, 2025 (578 days ago)
7/10 SCOREOPPOSE
A bill for an act relating to employment status and employment benefits and including applicability provisions.
A bill for an act relating to employment status and employment benefits and including applicability provisions.
Status: S: Subcommittee: Driscoll, Taylor, and Townsend. S.J. 466. (Mar 10, 2025)
Assessment: This bill codifies an ABC-style independent contractor definition for Iowa workers' compensation, wage payment, minimum wage, and unemployment insurance — requiring that the individual's service be outside the usual course of the employer's business OR performed outside the employer's places of business, which could threaten owner-operator arrangements where freight brokerage is the 'usual course of business.' Critically, the bill places the burden on the employer (or broker) to prove IC status, a significant shift that increases your litigation exposure in any misclassification dispute. The owner-operator safe harbor in Section 4 is preserved but now cross-references the new, more restrictive definition, meaning owner-operators who don't satisfy the ABC-style prongs lose that safe harbor protection.
Recommended action: Brokers should oppose the burden-shifting provision that places the burden on employers to prove IC status, while monitoring whether the ABC-style two-prong test in the IC definition creates reclassification exposure for owner-operator relationships.
Last action: Feb 28, 2025 (588 days ago)
7/10 SCORESUPPORT
A bill for an act prohibiting the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status.(See HF 698.)
A bill for an act prohibiting the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status.(See HF 698.)
Status: H: Committee report approving bill, renumbered as HF 698. (Feb 28, 2025)
Assessment: This Iowa bill creates a statutory safe harbor specifically shielding motor carrier safety improvements — including devices, software, technology, training, and operational practices — from being used as evidence of an employment relationship under any state law. For logistics brokers, this directly addresses a litigation risk: plaintiffs' attorneys frequently argue that requiring owner-operators to use ELDs, dashcams, or follow safety protocols demonstrates the level of control consistent with an employer-employee relationship. By removing safety compliance factors from Iowa's employment status determination, this bill protects your ability to set safety standards in carrier contracts without triggering reclassification liability. The bill did not advance before Iowa's 2026 regular session ended May 3, so monitor for reintroduction or a special session.
Recommended action: Engage with Iowa legislators to advance this bill or similar legislation that protects safety compliance requirements from being weaponized in worker misclassification claims against brokers and carriers.
Last action: Feb 19, 2025 (597 days ago)
7/10 SCORESUPPORT
A bill for an act prohibiting the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status.(See SF 377.)
A bill for an act prohibiting the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status.(See SF 377.)
Status: S: Committee report approving bill, renumbered as SF 377. (Feb 19, 2025)
Assessment: This Iowa bill creates a statutory safe harbor barring courts and agencies from treating a motor carrier's deployment of safety devices, software, training, or operational practices — including ELDs, dashcams, and compliance programs — as evidence of employment control when determining IC or joint-employer status under any state law. This is a direct pro-broker protection: one of the most common arguments used to reclassify owner-operators as employees is that carriers exercise control by mandating safety technology, and this bill removes that argument entirely. The bill died in the 2026 regular session without advancing, so monitor for reintroduction in 2027 or a companion measure (SF 377).
Recommended action: Logistics brokers and motor carriers should support this bill and urge Iowa lawmakers to advance it, as it directly protects IC arrangements by preventing safety compliance requirements from being used as misclassification evidence.
Last action: Feb 20, 2025 (596 days ago)
6/10 SCORENEUTRAL
A bill for an act providing for the regulation of delivery network companies and drivers, making penalties applicable, and including effective date provisions.(See HF 545.)
A bill for an act providing for the regulation of delivery network companies and drivers, making penalties applicable, and including effective date provisions.(See HF 545.)
Status: H: Committee report approving bill, renumbered as HF 545. (Feb 20, 2025)
Assessment: Iowa HF 7 creates a new regulatory chapter (321Q) for 'delivery network companies' — app-based platforms connecting customers to drivers using personal, noncommercial vehicles — and explicitly carves these entities out of Iowa's motor carrier and for-hire carrier statutes (Chapter 325A). The bill's definition of 'personal vehicle' (noncommercial motor vehicle) and its separate treatment from motor carriers of property suggest traditional freight brokers and commercial carriers are not the primary target, but the carve-out from Chapter 325A motor carrier definitions could create ambiguity about which regulatory regime applies to hybrid last-mile delivery operations your network uses. The insurance mandate (minimum $50K/$100K/$25K financial liability coverage) and disclosure requirements apply to delivery network companies, not freight brokers, but if any carrier or owner-operator in your network uses an app-based dispatch model with personal vehicles, confirm they do not fall within this new framework.
Recommended action: Monitor this bill closely to confirm that its delivery network framework does not sweep in owner-operators or last-mile carriers who operate under broker-arranged freight contracts.
Illinois (IL) — 2 bills SESSION ENDED · May 31
Last action: Mar 21, 2025 (567 days ago)
7/10 SCOREOPPOSE
PREVAILING WAGE TRUCKING
Amends the Prevailing Wage Act. Provides that the transportation of ready-mixed concrete and aggregate materials shall be deemed to be employment upon public works. Includes additional trucking related activities within the scope of the Act. Includes in the calculation of the prevailing wage rate, rental costs for trucks and equipment provided by owner-operators. Defines terms. Effective immediately.
Status: H: Rule 19(a) / Re-referred to Rules Committee (Mar 21, 2025)
Assessment: This bill expands Illinois' Prevailing Wage Act to cover transportation of ready-mixed concrete and aggregate materials on public works projects, explicitly sweeping in independent truck owner-operators, trucking brokers, and trucking firms — and it defines 'trucking broker' in terms that directly match how logistics brokers operate in construction freight. The prevailing wage calculation for owner-operators would include not just a wage rate but also IDOT equipment rates or rental rates for the truck itself, adding a new cost layer to every public works haul you arrange in Illinois. If you broker trucking services on any publicly funded construction project in the state, this bill imposes wage-floor and rate compliance obligations on those arrangements that do not currently exist under the Act.
Recommended action: Logistics brokers arranging trucking for Illinois public works projects should oppose this bill and engage Illinois trade associations to push back on its expansion of prevailing wage mandates to owner-operators.
Last action: Mar 21, 2025 (567 days ago)
6/10 SCOREOPPOSE
WORK COMP-SOLE PROPRIETORS
Amends the Workers' Compensation Act. Provides that the provisions of the Act shall apply automatically and without election to all employers and all their employees, including, but not limited to, sole proprietors and general contractors and their subcontractors (currently, all employers and all their employees), engaged in any department enterprises or businesses which are declared to be extra hazardous. Removes a provision that the Act shall not be construed to apply to any sole proprietor or partner or member of a limited liability company who elects not to provide and pay compensation for accidental injuries sustained by himself, arising out of and in the course of the employment according to the provisions of the Act. Provides that the definition of "corporate officer" does not include a sole proprietor.
Status: S: Rule 3-9(a) / Re-referred to Assignments (Mar 21, 2025)
Assessment: This Illinois bill eliminates the existing opt-out provision that allowed sole proprietors, partners, and LLC members to decline workers' compensation coverage, and explicitly applies the Act to general contractors and their subcontractors — which directly captures the owner-operators and small carriers your brokerage contracts with for freight and carriage (an enumerated 'extra hazardous' category). If enacted, sole proprietor owner-operators hauling under your contracts could be automatically swept into mandatory workers' comp coverage, increasing their operating costs and potentially triggering reclassification scrutiny around your broker-carrier relationships. The bill's carriage-by-land provision (Item 3) and subcontractor language make this a direct operational watch for freight brokers arranging loads with single-truck owner-operators in Illinois.
Recommended action: Brokers should monitor this bill and oppose it if it advances, as it would remove the opt-out right for sole proprietor owner-operators and force mandatory workers' comp coverage on subcontractors in freight and carriage operations.
Kansas (KS) — 1 bill SESSION ENDED · Apr 11
Last action: Jan 12, 2026 (270 days ago)
6/10 SCOREOPPOSE
Providing an excise tax on large employers for certain federal benefits paid to employees.
Providing an excise tax on large employers for certain federal benefits paid to employees.
Status: H: House Prefiled for Introduction on Friday, January 9, 2026 / House Introduced / House Referred to Committee on Taxation (Jan 12, 2026)
Assessment: This bill imposes a 100% excise tax on large employers (500+ employees) equal to the value of federal benefits — SNAP, school lunch, housing assistance, Medicaid — received by their 'employees,' and its definition of employee explicitly includes independent contractors unless the arrangement satisfies all three prongs of an ABC-style test: free from control, work outside the usual course of business, and customarily engaged in an independent trade. For logistics brokers, the risk is that owner-operators who fail any one of those three prongs could be counted as employees for purposes of calculating this tax liability, creating a financial penalty tied to your contractor relationships. The bill is currently dead for the 2026 session, but the ABC-test classification mechanism embedded in its definitions is worth tracking if it resurfaces.
Recommended action: Logistics brokers using owner-operators should monitor this bill and oppose it, as its ABC-style definition of 'employee' could sweep independent contractors into taxable headcount if the arrangement doesn't meet all three prongs of the exclusion test.
Kentucky (KY) — 1 bill SESSION ENDED · Apr 15
Last action: Jan 29, 2026 (253 days ago)
8/10 SCOREOPPOSE
AN ACT relating to misclassification of employees.
Create a new section of KRS Chapter 337 to provide a remedy for employees misclassified as independent contractors; amend KRS 337.010 to define "independent contractor" and "misclassified"; repeal KRS 336.137, relating to marketplace contractors.
Status: H: to Economic Development & Workforce Investment (H) (Jan 29, 2026)
Assessment: This bill embeds a three-prong ABC test directly into Kentucky's wage and hour law by defining 'independent contractor' to require that the worker performs work outside the usual course of the employer's business — the 'B' prong that most owner-operators and freight arrangers cannot satisfy — and doubles down with liquidated damages equal to 100% of unpaid wages plus attorney's fees and collective action rights for misclassification claims. Equally damaging, Section 3 repeals KRS 336.137, which currently shields marketplace contractors from employee classification, eliminating a key safe harbor that many tech-enabled freight platforms and last-mile carriers rely on. While the session has ended and the bill cannot advance now, its framework — ABC test, doubled penalties, collective actions, and repeal of contractor protections — represents exactly the statutory architecture that would threaten your owner-operator model if reintroduced.
Recommended action: Engage Kentucky legislative contacts to oppose this bill's ABC test definition and repeal of marketplace contractor protections, and monitor for reintroduction in a future session.
Louisiana (LA) — 5 bills SESSION ENDED · Jun 1
Last action: May 22, 2026 (140 days ago)
8/10 SCOREENACTED
Creates the Independent Contractor Voluntary Portable Benefits Act
Creates the Independent Contractor Voluntary Portable Benefits Act
Status: H: Signed by the Governor. Becomes Act No. 299. / Effective date: 08/01/2026. (May 22, 2026) · S: Signed by the President of the Senate. (May 18, 2026)
Assessment: Louisiana's Independent Contractor Voluntary Portable Benefits Act explicitly provides that contributions to a portable benefit account — whether made by the hiring party or withheld from contractor compensation by written opt-in agreement — cannot be used as a criterion for determining employment classification, are not evidence of employer liability, and cannot be construed as an element of an employment relationship under the state's Workers' Compensation Law or Employment Security Law. For logistics brokers, this means you can now offer or contribute to benefit accounts for your owner-operators in Louisiana without triggering reclassification risk under state law — a significant operational protection. The law also ties the definition of 'hiring party' to Louisiana's existing rebuttable presumption IC standard under R.S. 23:1711.1, reinforcing that the contractor relationship is the baseline assumption.
Last action: May 15, 2026 (147 days ago)
7/10 SCOREENACTED
Provides relative to the definition of an independent contractor (EN DECREASE SD EX See Note)
Provides relative to the definition of an independent contractor (EN DECREASE SD EX See Note)
Status: H: Signed by the Governor. Becomes Act No. 133. / Effective date: 08/01/2026. (May 15, 2026) · S: Signed by the President of the Senate. (May 13, 2026)
Assessment: Louisiana's enacted law expands the workers' compensation definition of 'independent contractor' under R.S. 23:1021(7) to explicitly include both the employees of an independent contractor and other independent contractors who contract with an independent contractor — shielding these workers from workers' comp coverage obligations up the chain. Critically, the law also codifies that operating a truck tractor or trailer — including fueling, driving, connecting air hoses, hooking/unhooking trailers, and vehicle inspections — does not constitute 'manual labor' under the statute, which is the threshold that would otherwise trigger workers' comp coverage for ICs. For your business, this means owner-operators and their sub-contractors working under broker-arranged freight contracts have a clearer statutory basis to remain classified as independent contractors for Louisiana workers' comp purposes, reducing your exposure to coverage liability claims running up through the contracting chain.
Last action: Mar 9, 2026 (214 days ago)
7/10 SCORESUPPORT
Provides for Occupational Accident Insurance for independent contractors. (gov sig)
Provides for Occupational Accident Insurance for independent contractors. (gov sig)
Status: S: Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Labor and Industrial Relations. (Mar 09, 2026)
Assessment: This bill creates a rebuttable presumption of independent contractor status and eliminates statutory employer liability for principals — including freight brokers — when CDL owner-operators maintain qualifying occupational accident coverage with at least $1M in medical benefits per occurrence, hold a valid EIN or registered business entity, execute a written IC agreement, and retain control over means and methods of work. The explicit reference to 'commercial driver's license owner-operators' means this safe harbor is directly applicable to your broker-carrier arrangements in Louisiana. The tradeoff is that owner-operators in your network will need to carry a compliant occupational accident policy filed with Louisiana Works, which adds a new compliance checkpoint to your carrier onboarding process.
Recommended action: Louisiana brokers and their CDL owner-operators should support this bill, as it creates a statutory safe harbor shielding principals from statutory employer liability when owner-operators carry qualifying occupational accident coverage and meet four defined conditions.
Last action: Mar 9, 2026 (214 days ago)
6/10 SCOREOPPOSE
Provides relative to the use of automated decision systems with respect to employment decisions (OR INCREASE GF EX See Note)
Provides relative to the use of automated decision systems with respect to employment decisions (OR INCREASE GF EX See Note)
Status: H: Read by title, under the rules, referred to the Committee on Labor and Industrial Relations. (Mar 09, 2026)
Assessment: This bill explicitly defines 'worker' to include independent contractors and extends its full framework — mandatory pre-use notices, human reviewer requirements, data correction rights, appeal processes, and penalties — to your owner-operator relationships, meaning brokers using algorithmic dispatch, load-matching, or performance-scoring tools could face new compliance obligations for every IC they engage. The prohibition on relying solely on an ADS for 'deactivation' decisions and the requirement to corroborate ADS outputs with a designated internal reviewer directly threatens how brokers use automated platforms to manage carrier performance and assignment. The bill did not advance in the 2026 regular session, but the core threat — treating IC relationships as subject to employment-style ADS regulation — is a precedent worth opposing if it returns.
Recommended action: Logistics brokers should monitor this bill and engage with the Louisiana legislature to oppose provisions that extend ADS compliance obligations — including notice, data access, human review mandates, and appeal rights — to independent contractors.
Last action: May 25, 2026 (137 days ago)
5/10 SCOREENACTED
Requests the La. State Law Institute to study the feasibility of requiring employers to provide occupational accident insurance to independent contractors.
Requests the La. State Law Institute to study the feasibility of requiring employers to provide occupational accident insurance to independent contractors.
Status: S: Enrolled. Signed by the President of the Senate and sent to the Secretary of State by the Secretary of the Senate on 5/22/2026. (May 25, 2026)
Assessment: This enacted resolution directs the Louisiana State Law Institute to study whether employers — including those using 1099 contractors and single-member business entities — should be required to provide workers' compensation or occupational accident insurance to independent contractors, with a findings report due to legislative labor committees by January 1, 2027. No new requirements are imposed on your business now, but the study is explicitly scoped to include transportation, logistics, and delivery services — meaning your owner-operator relationships are squarely within the review's focus. The real risk is in the follow-on legislation the Institute may recommend, which could impose occupational accident insurance mandates on brokers or redefine coverage obligations in ways that blur the IC relationship.
Massachusetts (MA) — 13 bills SESSION ENDED · Jul 31
Last action: Dec 18, 2025 (295 days ago)
9/10 SCOREOPPOSE
Preventing wage theft, promoting employer accountability, and enhancing public enforcement
For legislation to prevent wage theft, promote employer accountability, and enhance public enforcement. Labor and Workforce Development.
Status: H: House concurred (Feb 27, 2025) · S: Bill reported favorably by committee and referred to the committee on Senate Ways and Means (Dec 18, 2025)
Assessment: This bill creates joint-and-several liability for 'lead contractors' — a definition that can encompass logistics brokers who arrange for owner-operators or carriers to perform services — making you financially responsible for wage theft committed by any labor contractor or subcontractor in your supply chain. Sections 148F and 148G grant the Massachusetts Attorney General stop-work order authority that could halt your business operations based on UI coverage violations or wage theft findings, including those attributable to contractors you engaged. Section 27C is also amended to allow the AG to pursue civil actions with treble damages on behalf of affected workers, compounding your financial exposure if any carrier or owner-operator in your network is found to have underpaid workers.
Recommended action: Engage Massachusetts legislative contacts and industry associations to oppose this bill, which directly threatens broker operations through joint-and-several liability, stop-work authority, and treble damages tied to contractor wage violations.
Last action: Aug 7, 2025 (428 days ago)
9/10 SCOREOPPOSE
Protecting labor and abolishing barriers to organizing rights
For legislation to protect labor relations and abolish barriers to organizing rights. Labor and Workforce Development.
Status: H: House concurred (Feb 27, 2025) · S: Bill reported favorably by committee and referred to the committee on Senate Ways and Means (Aug 07, 2025)
Assessment: Section 4 of this bill codifies a strict ABC test under Massachusetts labor law (Chapter 150A), meaning your owner-operators must satisfy all three prongs — free from control, work outside the usual course of your business, and independently established — to avoid reclassification as employees subject to collective bargaining rights. Section 7 adds a broad joint employer definition covering any party that 'codetermines or shares control' over any term or condition of employment, including reserved or indirect authority, which could expose freight brokers to labor liability for the employment practices of the carriers they contract with. Combined, these provisions could upend the independent contractor relationships that define your operating model and open brokers to union organizing liability and unfair labor practice claims under state law.
Recommended action: Logistics brokers should oppose this bill and engage Massachusetts legislative contacts, as it introduces an ABC test for worker classification and a sweeping joint employer standard that directly threaten your owner-operator contracting model.
Last action: Mar 26, 2026 (197 days ago)
8/10 SCOREOPPOSE
To prevent wage theft, promote employer accountability, and enhance public enforcement
Relative to wage theft, employer accountability, and public enforcement. Labor and Workforce Development.
Status: H: Bill reported favorably by committee and referred to the committee on House Ways and Means (Mar 26, 2026) · S: Senate concurred (Feb 27, 2025)
Assessment: This bill creates joint-and-several liability for 'lead contractors' — a category that could encompass logistics brokers — making you financially responsible for wage theft violations committed by carriers or owner-operators you contract with, even if you had no knowledge of the violation. It also grants the Massachusetts AG stop-work order authority that can halt all business operations at a specific location upon a finding of wage theft or UI non-compliance, with that order potentially binding successor entities. Combined with treble damages and AG-recoverable attorney fees under the expanded Section 27C(d) enforcement mechanism, your exposure as a broker arranging freight through independent carriers rises substantially if any carrier in your network is found to have misclassified or underpaid workers under Massachusetts' existing ABC-test-based Chapter 149 framework.
Recommended action: Logistics brokers operating in Massachusetts should engage with state legislators and industry associations to oppose this bill's joint-and-several liability and stop-work order provisions, which directly threaten broker operations.
Last action: Mar 5, 2026 (218 days ago)
8/10 SCORESUPPORT
Relative to the definition of an independent contractor
Relative to individuals performing services. Labor and Workforce Development.
Status: H: Accompanied a study order, see H5180 (Mar 05, 2026) · S: Senate concurred (Feb 27, 2025)
Assessment: Massachusetts General Laws §148B currently imposes a strict ABC test requiring that all three prongs be satisfied to classify a worker as an independent contractor — changing 'and' to 'or' in line 9 converts that conjunctive requirement to a disjunctive one, meaning a worker qualifies as an IC if any one prong is met rather than all three. This is a direct and significant pro-broker modification to one of the most aggressive IC classification standards in the country, making it substantially easier to maintain owner-operator relationships without triggering employee reclassification liability. However, the bill did not advance before the July 31 regular session deadline, so it is currently stalled unless a special session is called.
Recommended action: Logistics brokers and carriers operating in Massachusetts should actively support this bill, as it weakens the ABC test that currently threatens independent contractor relationships in the state.
Last action: Mar 5, 2026 (218 days ago)
8/10 SCORESUPPORT
Relative to independent contractors
Relative to independent contractors. Labor and Workforce Development.
Status: H: Accompanied a study order, see H5180 (Mar 05, 2026) · S: Senate concurred (Feb 27, 2025)
Assessment: This bill amends Massachusetts General Laws Chapter 149, Section 148B by restructuring the ABC test: under current law, all three prongs must be satisfied to classify a worker as an independent contractor, but this bill changes prong (2) and prong (3) to an 'or' relationship — meaning a worker qualifies as an IC if they meet prong (1) plus either prong (2) or prong (3). For your business, this is meaningful relief: owner-operators who are customarily engaged in an independently established trucking trade (prong 3) would qualify as ICs even if they haul freight in your core line of business (which typically fails prong 2 under current law). The bill is currently stalled after the regular session ended July 31, 2026, so monitor for special session activity.
Recommended action: Logistics brokers and carriers operating in Massachusetts should support this bill and engage with legislators to advance it, as it replaces the current strict ABC test with a more flexible standard that makes it significantly easier to maintain legitimate independent contractor relationships with owner-operators.
Last action: Feb 26, 2026 (225 days ago)
8/10 SCOREOPPOSE
Establishing protections and accountability for Delivery Network Company workers, consumers, and communities
For legislation to establish protections and accountability for Delivery Network Company workers, consumers, and communities. Labor and Workforce Development.
Status: H: House concurred (Feb 27, 2025) · S: Bill reported favorably by committee and referred to the committee on Senate Ways and Means (Feb 26, 2026)
Assessment: This bill explicitly presumes application-based delivery workers are employees under Massachusetts General Laws (consistent with the existing ABC-test framework of Chapter 149, Section 148B), directly threatening the independent contractor model that logistics brokers and Delivery Network Companies rely on for last-mile and courier operations. Beyond reclassification, it mandates minimum wage floors (basic minimum wage for all working time or 150% of minimum wage for assigned time), IRS-rate-plus mileage reimbursements at up to 150%, $1M per-occurrence liability coverage during all working time, mandatory payroll data disclosure to the AG and Department of Labor Standards, and a robust anti-retaliation enforcement regime with treble damages and attorney fee-shifting. If your business dispatches delivery workers through any digital platform in Massachusetts, this bill would impose employee-level obligations across compensation, insurance, and regulatory reporting — fundamentally restructuring your cost structure and legal exposure.
Recommended action: Logistics brokers and carriers operating app-based or platform-dispatched delivery networks in Massachusetts should actively oppose this bill and engage with the Legislature during informal session to prevent its advancement.
Last action: Feb 2, 2026 (249 days ago)
8/10 SCOREOPPOSE
Establishing protections and accountability for DNC workers, consumers, and communities
Relative to protections and accountability for transportation network and delivery network companies workers, consumers, and communities. Financial Services.
Status: H: Bill reported favorably by committee and referred to the committee on House Ways and Means (Feb 02, 2026) · S: Senate concurred (Feb 27, 2025)
Assessment: This bill explicitly presumes application-based delivery workers are employees under Massachusetts law (consistent with the state's strict ABC test under M.G.L. c. 149 § 148B), directly threatening the independent contractor model used by delivery network companies and any logistics broker arranging last-mile or app-dispatched delivery services. It imposes minimum wage guarantees for all 'working time' (including standby time), IRS-rate mileage reimbursement at up to 150%, mandatory $1M per-occurrence accidental liability coverage, extensive payroll data reporting to the AG and Department of Labor Standards, and triple-damages retaliation remedies — all backed by existing enforcement authority under Chapter 149. While the bill targets delivery network couriers rather than traditional freight owner-operators directly, its employee-presumption framework and enforcement mechanisms set a precedent that could be extended to broader carrier and broker-contractor arrangements in Massachusetts.
Recommended action: Logistics brokers and delivery network operators should oppose this bill and engage Massachusetts legislators to prevent its advance, as it would reclassify app-based delivery workers as employees and impose significant wage, insurance, and reporting mandates on companies using independent couriers.
Last action: Dec 18, 2025 (295 days ago)
8/10 SCOREOPPOSE
Consolidating multiple definitions of employee to prevent misclassification
For legislation to consolidate multiple definitions of employee. Labor and Workforce Development.
Status: H: House concurred (Feb 27, 2025) · S: Bill reported favorably by committee and referred to the committee on Senate Ways and Means (Dec 18, 2025)
Assessment: This bill extends Massachusetts' strict ABC test — currently used under Chapter 149 §148B for wage and hour purposes — into workers' compensation law (Chapter 152) by cross-referencing the same definition of 'employee' for both statutes. For your business, this means that the same three-prong ABC test that makes it difficult to classify owner-operators as independent contractors for wage law purposes would now also govern workers' comp coverage obligations, dramatically increasing your reclassification exposure and potential insurance liability. Although this bill cannot advance in the current regular session (which ended July 31, 2026), it is a high-priority watch given that it compounds existing misclassification risk across two separate statutory frameworks simultaneously.
Recommended action: Logistics brokers and carriers operating in Massachusetts should oppose this bill and engage with the Labor and Workforce Development committee to prevent the ABC test from being extended into workers' compensation determinations.
Last action: Nov 3, 2025 (340 days ago)
8/10 SCOREOPPOSE
Protecting labor and abolishing barriers to organizing rights
Protecting labor and abolishing barriers to organizing rights
Status: H: Reported from the committee on Labor and Workforce Development / New draft of H2086 / Bill reported favorably by committee and referred to the committee on House Ways and Means (Nov 03, 2025)
Assessment: This bill embeds a full ABC test into Massachusetts Chapter 150A, meaning your owner-operators could be reclassified as employees unless they meet all three prongs — including that the work is outside the usual course of your business, which is exactly what freight brokerage arranges. Separately, the joint employer definition (Section 7) sweeps in any party that 'codetermines or shares control' over any term or condition of employment, including indirectly or through reserved authority — a standard broad enough to pull brokers into liability for the labor practices of the carriers they contract with. The bill also makes it an unfair labor practice to misrepresent that workers are independent contractors, creating a direct enforcement hook against brokers who use owner-operator arrangements.
Recommended action: Engage Massachusetts trade associations to oppose this bill, particularly its ABC test for employee status and the broad joint employer definition that could expose brokers to liability for carrier labor practices.
Last action: Nov 3, 2025 (340 days ago)
8/10 SCOREOPPOSE
Protecting labor and abolishing barriers to organizing rights
Relative to labor organizing rights. Labor and Workforce Development.
Status: H: Accompanied a new draft, see H4681 (Nov 03, 2025) · S: Senate concurred (Feb 27, 2025)
Assessment: This bill imports a three-prong ABC test into Massachusetts labor law under Chapter 150A, meaning your owner-operators would be presumed employees unless you can prove all three conditions — that they are free from your control, perform work outside your usual business, and run an independently established trade. Separately, the new joint employer definition in Section 7 exposes you to labor liability whenever you share or retain even implicit control over any term or condition of a carrier's work, and Section 14 makes it an unfair labor practice to misclassify workers as independent contractors, adding an enforcement mechanism directly targeting broker-carrier arrangements. Together, these provisions could require you to reclassify owner-operators as employees under state labor law and open you to unfair labor practice charges if you maintain your current contracting model.
Recommended action: Engage your Massachusetts legislative contacts and trade associations to oppose this bill's ABC test and expanded joint employer provisions, which directly threaten your independent contractor model.
Last action: Dec 11, 2025 (302 days ago)
7/10 SCOREOPPOSE
Relative to wage theft and due process
For legislation relative to wage theft and due process. Labor and Workforce Development.
Status: H: House concurred (Feb 27, 2025) · S: Accompanied a study order, see S2843 (Dec 11, 2025)
Assessment: This bill creates two significant enforcement mechanisms: stop-work orders issued by both the AG and the Department of Unemployment Assistance that can halt all business operations at a specific location for wage-related violations, and a new private right of action allowing any three current or former employees to sue for wage theft. The bill incorporates Section 148B — Massachusetts' independent contractor misclassification statute — into its definition of 'wage theft,' meaning a finding that your company misclassified an owner-operator as an independent contractor could trigger stop-work authority or a civil suit. If state regulators or plaintiffs' counsel characterize broker-carrier relationships as employment under 148B, your operations could face work stoppages and group litigation exposure under these new mechanisms.
Recommended action: Logistics brokers operating in Massachusetts should monitor this bill and engage with industry associations to ensure stop-work order authority and wage theft civil actions are not applied to broker-carrier arrangements.
Last action: Aug 13, 2026 (57 days ago)
6/10 SCOREOPPOSE
Protecting warehouse workers
For legislation to protect warehouse workers. Labor and Workforce Development.
Status: H: House concurred (Feb 27, 2025) · S: Accompanied a study order (under JR10), see S3256 (Aug 13, 2026)
Assessment: This bill defines 'employer' to include any person who exercises control over wages, hours, or working conditions 'through an independent contractor or any similar entity,' and makes all such parties jointly and severally liable for compliance — meaning a broker arranging labor or services at a qualifying warehouse distribution center (NAICS 492110 covers couriers and express delivery) could be treated as a co-employer subject to quota disclosure mandates, recordkeeping obligations, anti-retaliation rules, and civil penalties. The bill is currently stalled with the end of the regular MA session, but the broad joint-and-several liability hook targeting independent contractor arrangements at covered facilities is a direct operational risk worth monitoring. If enacted, brokers connected to covered warehouse or last-mile delivery operations would face new compliance burdens and litigation exposure under a retaliation framework that includes treble damages up to three times actual damages or $10,000 minimum per claim.
Recommended action: Logistics brokers who operate or contract with warehouse distribution centers in Massachusetts should monitor this bill and engage through industry associations to push back on the broad 'employer' definition that explicitly sweeps in independent contractors and third-party arrangers.
Last action: Mar 12, 2026 (211 days ago)
6/10 SCORESUPPORT
Establishing portable benefit accounts for app-based-delivery drivers
For legislation to establish portable benefit accounts for app-based-delivery drivers. Financial Services.
Status: H: Accompanied a study order, see H5206 (Mar 12, 2026) · S: Senate concurred (Feb 27, 2025)
Assessment: This bill explicitly declares that app-based delivery drivers 'retain full control over where, when, and how they perform' their work and are 'therefore classified as independent contractors' — a statutory affirmation of IC status that sets a favorable precedent for contractor arrangements in Massachusetts. The portable benefits framework (4% quarterly contributions to driver accounts) is designed to provide benefits without converting the relationship to employment, aligning with the pro-broker principle that benefits can be offered while preserving IC status. The bill is scoped to app-based delivery platforms and does not directly regulate freight brokers or motor carrier owner-operators, but the IC-affirming language and portable benefits model are worth monitoring as a legislative template your business could reference or support.
Recommended action: Logistics brokers and freight companies operating in Massachusetts should support this bill as a model that explicitly affirms independent contractor status for app-based delivery workers and creates a portable benefits framework without triggering reclassification.
Maryland (MD) — 4 bills SESSION ENDED · Apr 13
Last action: Apr 13, 2026 (179 days ago)
6/10 SCOREOPPOSE
Fraud Prevention, Prevailing Wage, and Living Wage - Prohibitions, Penalties, and Enforcement
Prohibiting a person from knowingly making or using, or causing to be made or used, a false record or statement resulting in underpayments of unemployment insurance contributions or payment of unemployment insurance benefits of more than $15,000 in a calendar year; altering the enforcement mechanisms related to workplace fraud laws, living wage laws, and prevailing wage laws, including authorizing the Attorney General to investigate and bring suit in a certain manner; etc.
Status: S: Favorable with Amendments Report by Finance / Favorable with Amendments {943726/1 / Motion Laid Over (Senator Jennings) Adopted (Apr 13, 2026)
Assessment: This bill significantly strengthens Maryland's workplace fraud enforcement by imposing joint-and-several liability on general contractors for subcontractor misclassification violations, increasing civil penalties for misclassification up to $10,000 per worker (with one-third payable directly to affected individuals), and authorizing the Attorney General to independently investigate and sue for violations — all mechanisms that could reach broker-arranged freight relationships depending on how Maryland regulators interpret the contractor chain. The bill also tightens enforcement timelines, expands debarment triggers under state procurement law, and adds license revocation authority for workplace fraud violations, raising the operational stakes for any Maryland carrier or broker found to have misclassified workers. While the bill's primary targets appear to be construction and government contracting, the worker classification and joint liability provisions are broad enough that logistics brokers coordinating Maryland freight should track how enforcement is applied to motor carrier subcontractor arrangements.
Recommended action: Brokers using owner-operators in Maryland should monitor this bill closely and oppose provisions that expand joint-and-several liability for misclassification violations and increase civil penalties for worker classification violations.
Last action: Apr 13, 2026 (179 days ago)
6/10 SCOREOPPOSE
Fraud Prevention, Prevailing Wage, and Living Wage - Prohibitions, Penalties, and Enforcement
Prohibiting a person from knowingly making or using, or causing to be made or used, a false record or statement resulting in underpayments of unemployment insurance contributions or payment of unemployment insurance benefits of more than $15,000 in a calendar year; altering the enforcement mechanisms related to workplace fraud laws, living wage laws, and prevailing wage laws, including authorizing the Attorney General to investigate and bring suit in a certain manner; etc.
Status: H: Third Reading Passed (98-36) (Apr 06, 2026) · S: Rereferred to Finance / Favorable with Amendments Report by Finance / Favorable with Amendments {133121/1 / Motion Special Order until Later Today (Senator Ready) Rejected / Committee Amendment {133121/1 Adopted / Favorable with Amendments Adopted / Second Reading Passed with Amendments (Apr 13, 2026)
Assessment: This Maryland bill strengthens enforcement of workplace fraud and worker misclassification laws by increasing civil penalties (up to $10,000 per misclassified worker, with one-third payable directly to affected individuals), adding treble damages for restitution, and — critically — making general contractors jointly and severally liable for subcontractor misclassification violations on construction projects regardless of direct contractual privity. While the joint employer provision is expressly scoped to construction services, the expanded Attorney General investigative authority and enhanced Maryland False Claims Act enforcement targeting UI contribution fraud could reach brokers whose owner-operators are challenged as misclassified employees on state-funded freight or logistics contracts. The session has ended without this bill advancing, reducing near-term risk, but the liability and penalty escalation mechanisms warrant continued monitoring if the bill is reintroduced.
Recommended action: Logistics brokers arranging freight in Maryland should monitor this bill and oppose provisions that expand joint-and-several liability for misclassification to general contractors and increase civil penalties for worker misclassification, as these mechanisms could be applied to broker-carrier arrangements on state-contracted projects.
Last action: Feb 3, 2026 (248 days ago)
6/10 SCOREOPPOSE
Maryland Department of Labor - Investigation of Complaints - Requirements (Worksite Enforcement Act of 2026)
Requiring the Maryland Department of Labor to establish certain procedures for receiving, reviewing, and investigating certain complaints regarding matters under the jurisdiction of the Department; requiring the Department to employ one investigators for each of five regions of the State to investigate complaints; and requiring, beginning fiscal year 2027, the Governor to include in the annual budget bill an appropriation of $500,000 for the hiring of five investigators.
Status: H: Hearing 2/12 at 2:00 p.m. (Feb 03, 2026)
Assessment: This bill explicitly names worker misclassification as a priority enforcement category, requiring the Maryland Department of Labor to respond to misclassification complaints within 14 days, conduct preliminary fact-finding investigations — including requesting payroll records and worker classification documentation — and hire five dedicated regional investigators funded at $500,000 annually. For logistics brokers using owner-operators in Maryland, this infrastructure significantly raises the likelihood of formal complaints being investigated and escalated to the Attorney General's Division of Consumer Protection. The bill does not define misclassification standards or create a new classification test, so its immediate legal risk depends on how existing Maryland law defines the employment relationship — but the expanded enforcement capacity is a direct operational concern.
Recommended action: Engage Maryland legislative contacts to monitor how the Department's new investigative procedures define and pursue worker misclassification complaints, and advocate for clear exemptions or safe harbors for legitimate broker-carrier IC arrangements.
Last action: Jan 19, 2026 (263 days ago)
6/10 SCOREOPPOSE
Recipients of Economic Development Assistance or State Contracts - Certification of Compliance With State Labor Laws
Requiring certain persons that receive certain State economic development assistance to make a certification each year that the person was not the subject of a certain final adverse determination and is not currently failing to comply with certain outstanding requirements under a prior final judgment or order; requiring a certain unit of State government to initiate a pause on disbursements or approvals of certain economic development assistance or the award or renewal of certain State contracts; etc.
Status: H: Hearing 2/17 at 1:00 p.m. (Jan 19, 2026)
Assessment: This bill requires any company holding $250,000 or more in Maryland state procurement contracts to annually certify compliance with Maryland labor law — explicitly including misclassification obligations under Title 3 of the Labor and Employment Article — or face a 'pause' blocking new contract awards and renewals. If a freight broker or carrier operating under state contracts receives a final adverse determination for worker misclassification, they face an automatic pause of up to 12 months plus completion of all corrective actions before the pause lifts. The misclassification trigger is the direct threat to your business: a single adverse classification ruling involving owner-operators could lock you out of Maryland state contract work until full remediation is complete.
Recommended action: Brokers holding $250,000 or more in aggregate State of Maryland procurement contracts should engage their legislative contacts to monitor or oppose this bill's annual certification and pause mechanism as applied to labor law compliance, including misclassification findings.
Michigan (MI) — 8 bills IN SESSION · thru Dec 31
Last action: Sep 1, 2026 (38 days ago)
9/10 SCOREOPPOSE
Torts: negligence; negligence claims against freight brokers; allow. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.
Torts: negligence; negligence claims against freight brokers; allow. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.
Status: H: Bill Electronically Reproduced 08/27/2026 (Sep 01, 2026)
Assessment: This bill adds a new statutory cause of action — negligent hiring, retention, supervision, and training — that explicitly names freight brokers alongside carriers as defendants liable for commercial motor vehicle accidents, codifying broker liability in Michigan tort law for the first time. Under the four-prong test in Sec. 2980(1), plaintiffs must show the broker knew or should have known of a contractor's 'particular unfitness' that foreseeably caused injury — a standard that will drive plaintiffs' attorneys to conduct discovery into your carrier vetting processes, safety screening records, and contractor selection decisions on every serious accident. In the wake of Montgomery v. Caribe Transport and growing state-level momentum to close the federal preemption gap left open for broker negligence claims, this bill represents a direct financial and operational threat to Michigan-based brokers and any broker arranging freight moving through the state.
Recommended action: Engage Michigan legislative contacts and industry associations immediately to oppose or seek amendment of HB 6286, which creates a statutory negligent hiring and retention cause of action directly naming freight brokers as liable parties.
Last action: Sep 24, 2025 (380 days ago)
9/10 SCOREOPPOSE
Employment security: administration; determination of whether services performed by an individual are employment; modify. Amends sec. 42 of of 1936 (Ex Sess) PA 1 (MCL 421.42).
Employment security: administration; determination of whether services performed by an individual are employment; modify. Amends sec. 42 of of 1936 (Ex Sess) PA 1 (MCL 421.42).
Status: H: Bill Electronically Reproduced 09/18/2025 (Sep 24, 2025)
Assessment: This bill inserts a three-prong ABC test into Michigan's Employment Security Act effective January 1, 2026, requiring that any individual performing services for a hiring entity be classified as an employee unless they are a separate business entity or satisfy all three criteria: free from control in fact and by contract, performing work outside the hiring entity's usual course of business, and customarily engaged in an independently established trade — the 'B' prong being the most dangerous, as arranging or hauling freight is core to a broker's or carrier's business. Owner-operators who regularly haul freight for your company will face a strong argument that they fail prong B, exposing you to unemployment tax liability and potential reclassification under Michigan law. The retroactivity clause — applying to services performed on or after January 1, 2021 — magnifies the financial exposure dramatically by opening past contractor relationships to unemployment insurance assessments.
Recommended action: Logistics brokers and carriers operating in Michigan should actively oppose this bill and engage with state legislators to prevent the ABC test from taking effect for unemployment insurance purposes.
Last action: May 14, 2025 (513 days ago)
9/10 SCOREOPPOSE
Labor: fair employment practices; various employer requirements; provide for. Amends secs. 1, 7, 11, 13, 13a, 14, 15, 18 & 19 of 1978 PA 390 (MCL 408.471 et seq.) & adds secs. 13c & 13d.
Labor: fair employment practices; various employer requirements; provide for. Amends secs. 1, 7, 11, 13, 13a, 14, 15, 18 & 19 of 1978 PA 390 (MCL 408.471 et seq.) & adds secs. 13c & 13d.
Status: S: Reported Favorably With Substitute (s-1) 5/13/2025 / Referred To Committee Of The Whole With Substitute (s-1) (May 14, 2025)
Assessment: This bill introduces an ABC test for worker classification under Michigan's wage payment law — an owner-operator must satisfy all three prongs (free from control, performs work outside the payer's usual course of business, and is customarily engaged in an independent trade) to be treated as an independent contractor, and critically, the burden of proof shifts to your business to disprove misclassification by a preponderance of the evidence. Section 13c explicitly prohibits classifying, reporting, or treating an employee as an independent contractor, creating direct enforcement exposure for brokers whose core business model depends on contracting with independent owner-operators. Penalties, back pay liability, and the reversed burden of proof make this a high-priority threat to your operational and financial structure in Michigan.
Recommended action: Logistics brokers and freight companies that contract with owner-operators in Michigan should actively oppose this bill and engage with the Michigan legislature to seek a transportation industry exemption or amendment.
Last action: Apr 17, 2025 (540 days ago)
9/10 SCOREOPPOSE
Labor: hours and wages; penalties and remedies for misclassification of independent contractors; provide for. Amends secs. 1, 13, 15, 18 & 19 of 1978 PA 390 (MCL 408.471 et seq.) & adds secs. 13c & 13d.
Labor: hours and wages; penalties and remedies for misclassification of independent contractors; provide for. Amends secs. 1, 13, 15, 18 & 19 of 1978 PA 390 (MCL 408.471 et seq.) & adds secs. 13c & 13d.
Status: H: Bill Electronically Reproduced 04/16/2025 (Apr 17, 2025)
Assessment: This bill codifies a three-prong ABC test as Michigan's statutory definition of 'independent contractor' — all three prongs must be satisfied, including that the worker performs work outside the payer's usual course of business, which is nearly impossible to meet for owner-operators hauling freight for brokers or carriers. New Section 13c creates a strict prohibition on classifying any worker as an IC who does not meet that test, with a reversed burden of proof — meaning your business must prove the arrangement is legitimate, not the state. Penalties are severe: civil fines up to $10,000 per violation, exemplary damages up to three times wages and fringe benefits owed, a 100% annual interest penalty on amounts due, criminal misdemeanor exposure, and a mandatory tax-and-Medicare make-whole payment to the affected worker.
Recommended action: Logistics brokers and carriers using owner-operators in Michigan should actively oppose this bill and engage with state legislative contacts to prevent its passage.
Last action: Jun 24, 2026 (107 days ago)
7/10 SCOREOPPOSE
Labor: fair employment practices; use of electronic monitoring or automated decisions tools by an employer; prohibit except for certain purposes. Creates new act.
Labor: fair employment practices; use of electronic monitoring or automated decisions tools by an employer; prohibit except for certain purposes. Creates new act.
Status: S: Introduced By Senator Darrin Camilleri / Referred To Committee On Labor (Jun 24, 2026)
Assessment: This bill explicitly defines 'employee' to include independent contractors who provide services to or through an employer, meaning your owner-operators fall within its scope as 'covered individuals.' Before using any load-tracking, ELD data, dispatch routing, or AI-assisted freight-matching tool, you would be required to obtain written consent from each contractor, conduct a third-party impact assessment, submit that assessment to a state registry, and comply with strict data minimization and deletion rules — with civil penalties for violations. The near-total prohibition on automated employment-related decisions in Section 4, combined with the broad definition of 'employment-related decision' covering assignment of work, productivity requirements, and contract terms, directly threatens broker use of dispatch algorithms, performance scoring tools, and automated carrier selection systems.
Recommended action: Engage Michigan legislators and industry associations to push back on provisions that sweep independent contractors into the definition of 'covered individuals' subject to consent, notice, impact assessment, and data restrictions.
Last action: Feb 26, 2026 (225 days ago)
7/10 SCOREOPPOSE
Labor: fair employment practices; use of electronic monitoring or automated decisions tools by an employer; prohibit except for certain purposes. Creates new act.
Labor: fair employment practices; use of electronic monitoring or automated decisions tools by an employer; prohibit except for certain purposes. Creates new act.
Status: H: Bill Electronically Reproduced 02/24/2026 (Feb 26, 2026)
Assessment: This bill explicitly defines 'employee' to include independent contractors who provide services to or through an employer, meaning your owner-operators fall within its scope — triggering consent requirements, impact assessments, and data restrictions on the electronic monitoring tools (ELDs, GPS, telematics) you rely on for dispatch, compliance, and performance management. The prohibition on collecting geolocation data, productivity metrics, and device usage under Section 5(4) directly conflicts with standard freight broker monitoring practices, and the requirement for annual third-party impact assessments and department-filed reports adds significant compliance cost. Violations carry civil penalties, and the broad definition of 'employer' — which captures third parties and service providers — means brokers arranging freight could be treated as employers subject to these restrictions even for carriers they don't directly engage.
Recommended action: Logistics brokers should oppose this bill and engage Michigan legislators to seek an explicit carve-out for independent contractor monitoring tools used in freight operations, such as ELD and GPS compliance systems.
Last action: May 7, 2026 (155 days ago)
6/10 SCOREOPPOSE
Labor: fair employment practices; requirement for an employee to access or respond to work-related communications outside of usual work hours; prohibit. Creates new act.
Labor: fair employment practices; requirement for an employee to access or respond to work-related communications outside of usual work hours; prohibit. Creates new act.
Status: S: Introduced By Senator Erika Geiss / Referred To Committee On Labor (May 07, 2026)
Assessment: This bill explicitly defines 'employee' to include independent contractors, meaning your owner-operators would gain the right to refuse work-related communications — including load offers, scheduling, and dispatch messages — outside their self-defined 'hours of availability,' with fines up to $500 per violation and mandatory 1.5x pay for unauthorized contact hours. This directly disrupts the 24/7 operational reality of freight brokerage, where time-sensitive load matching and carrier coordination routinely occur outside standard business hours. The waiver-void provision in Section 5 means you cannot contractually address this in your carrier agreements, and the anti-retaliation clause limits your ability to respond if an owner-operator declines urgent communications.
Recommended action: Brokers should monitor this bill and engage with industry associations to push back on the inclusion of independent contractors in the definition of 'employee,' which would impose after-hours communication restrictions on your owner-operator relationships.
Last action: Apr 17, 2025 (540 days ago)
6/10 SCOREOPPOSE
Individual income tax: administration; information for taxpayers regarding the classification of an individual as an independent contractor; incorporate in instruction booklet and provide notice to certain taxpayers. Amends sec. 471 of 1967 PA 281 (MCL 206.471) & adds sec. 707a.
Individual income tax: administration; information for taxpayers regarding the classification of an individual as an independent contractor; incorporate in instruction booklet and provide notice to certain taxpayers. Amends sec. 471 of 1967 PA 281 (MCL 206.471) & adds sec. 707a.
Status: H: Bill Electronically Reproduced 04/16/2025 (Apr 17, 2025)
Assessment: This bill requires Michigan's Department of Treasury to include misclassification education in the annual tax instruction booklet and, critically, to send a direct notice to every individual listed as a payee on a Form 1099-MISC filed with the state — pointing them to the Wage and Hour Division and the Attorney General's office to report suspected misclassification. For logistics brokers, that means every owner-operator you pay and report via 1099-MISC could receive a state-generated document actively encouraging them to file a complaint if they believe they've been misclassified. While the bill doesn't change the legal standard for IC classification, it functions as a government-funded enforcement recruitment tool that increases the likelihood of misclassification investigations and complaints against your business.
Recommended action: Engage with Michigan legislative contacts to push back on provisions that direct 1099-MISC payees — including your owner-operators — toward state enforcement agencies, as this could prompt misclassification complaints and audits against your broker-carrier arrangements.
Minnesota (MN) — 15 bills SESSION ENDED · May 18
Last action: Mar 5, 2026 (218 days ago)
7/10 SCORESUPPORT
Certain individuals working in transportation occupations exempted from Minnesota Paid Leave Law.
Certain individuals working in transportation occupations exempted from Minnesota Paid Leave Law.
Status: H: Author added Allen (Mar 05, 2026)
Assessment: This bill carves out two new exemptions from Minnesota's Paid Leave Law: (1) any individual in a DOT-regulated position under 49 U.S.C. § 31502 — which covers commercial motor vehicle drivers subject to federal hours-of-service rules — and (2) any individual hired by a business entity classified under SIC codes 4212-01 through 4231-02, the Motor Freight Transportation and Warehousing sector, which directly covers your operations. If enacted, your drivers and transportation workers would fall outside 'covered employment' and the 'employee' definition under Chapter 268B, eliminating your obligation to collect and remit paid leave premiums for that workforce. The bill died in committee before the May 18 session end and cannot advance without a special session, so monitor for revival but no immediate action is required.
Recommended action: Logistics brokers and motor freight carriers operating in Minnesota should support this bill and urge its passage in any special session, as it directly reduces paid leave compliance burdens for your workforce.
Last action: Mar 2, 2026 (221 days ago)
7/10 SCORESUPPORT
Minnesota Paid Leave Law exemption for certain individuals working in transportation occupations
Minnesota Paid Leave Law exemption for certain individuals working in transportation occupations
Status: S: Introduction and first reading / Referred to Jobs and Economic Development (Mar 02, 2026)
Assessment: This bill carves out two new exemptions from Minnesota's Paid Leave Law: (1) any individual in a DOT-regulated position under 49 U.S.C. § 31502 — which covers commercial motor vehicle drivers — and (2) any individual employed by a business entity classified under SIC codes 4212-01 through 4231-02, covering motor freight transportation and warehousing. For your operations, this means drivers and workers at covered motor freight businesses would no longer be counted as 'employees' or in 'covered employment' under Minnesota's paid leave mandate, eliminating the associated premium contributions, administrative tracking, and benefit obligations for that workforce. The opt-in provision allows covered entities to voluntarily participate if desired, preserving flexibility without forcing compliance on the industry.
Recommended action: Logistics brokers and motor freight carriers operating in Minnesota should support this bill and urge its advancement, including in any special session, as it directly reduces paid leave compliance obligations for DOT-regulated and motor freight transportation workers.
Last action: Apr 1, 2025 (556 days ago)
7/10 SCOREOPPOSE
Rebuttable presumption that in individual is an employee establishment
Rebuttable presumption that in individual is an employee establishment
Status: S: Introduction and first reading / Referred to Jobs and Economic Development (Apr 01, 2025)
Assessment: This bill amends Minnesota's general employment statute (§181.722) to replace the existing worker classification test with a blanket rebuttable presumption that any individual is an employee — meaning your owner-operators are presumed employees by default unless you can prove otherwise. For the trucking industry specifically (§268.035, subd. 25b), the bill retains the existing seven-factor IC safe harbor, which is meaningful protection, but the broader presumption in §181.722 creates compliance exposure for broker-carrier arrangements outside the unemployment insurance context. The net effect is increased legal and administrative burden on your business to document and defend every independent contractor relationship in Minnesota.
Recommended action: Logistics brokers operating in Minnesota should monitor this bill and engage with trade associations to oppose the rebuttable presumption of employment, which shifts the burden of proof onto carriers and brokers to affirmatively demonstrate IC status on every engagement.
Last action: Mar 5, 2025 (583 days ago)
7/10 SCORESUPPORT
Individuals working in positions regulated by the United States Department of Transportation exempted from earned sick and safe time requirements.
Individuals working in positions regulated by the United States Department of Transportation exempted from earned sick and safe time requirements.
Status: H: Introduction and first reading, referred to Workforce, Labor, and Economic Development Finance and Policy (Mar 05, 2025)
Assessment: This bill amends Minnesota's earned sick and safe time law to add a new exemption (subdivision 5, clause 5) for any individual in a position where the U.S. DOT has authority to set qualifications and maximum hours under 49 U.S.C. § 31502 — which directly covers commercial motor vehicle drivers. If enacted, your carriers and owner-operators performing DOT-regulated work in Minnesota would not trigger your compliance obligations under the state's paid leave law, reducing administrative burden and potential liability exposure. The bill did not advance before the 2026 session deadline, so monitor for reintroduction in a future session or special session.
Recommended action: Brokers and carriers operating in Minnesota should support this bill, as it exempts DOT-regulated workers — including owner-operators and commercial drivers — from Minnesota's earned sick and safe time mandate.
Last action: Apr 15, 2026 (177 days ago)
6/10 SCORENEUTRAL
Transportation network company drivers collective bargaining rights establishment and regulation provisions
Transportation network company drivers collective bargaining rights establishment and regulation provisions
Status: S: Introduction and first reading / Referred to Labor (Apr 15, 2026)
Assessment: This bill creates a new collective bargaining framework exclusively for transportation network company (TNC/rideshare) drivers in Minnesota — not for trucking owner-operators or freight carriers your business contracts with. The mechanism imposes good-faith bargaining obligations, unfair labor practice liability, and mandatory data disclosure on covered TNCs, but the statutory definitions tie 'driver' and 'TNC' to the existing rideshare statute (Minn. Stat. §65B.472), which does not encompass freight broker-carrier relationships. That said, the bill establishes a structural precedent for extending quasi-collective bargaining rights to gig-economy independent contractors without reclassifying them as employees — a framework that could be expanded to last-mile or owner-operator arrangements in future sessions, warranting ongoing monitoring.
Recommended action: Monitor this bill for potential precedent effects, but recognize it is narrowly scoped to TNC rideshare drivers and does not directly regulate freight brokers or owner-operators under motor carrier arrangements.
Last action: Apr 9, 2026 (183 days ago)
6/10 SCOREOPPOSE
Use of automated decision systems in employment settings regulation
Use of automated decision systems in employment settings regulation
Status: S: Comm report: To pass as amended and re-refer to Judiciary and Public Safety / Pursuant to Senate Concurrent Resolution No. 6, referred to Rules and Administration (Apr 09, 2026)
Assessment: This bill explicitly extends its protections to independent contractors — the definition of 'worker' includes 'an independent contractor providing service to or through an employer,' and 'employment-related decisions' expressly covers decisions affecting persons classified as ICs — meaning your AI-powered dispatch, load assignment, carrier scoring, or performance evaluation tools could trigger mandatory pre-use notice, written consent, opt-out rights, 36-month data retention, impact assessment, and appeals obligations with respect to your owner-operators. Brokers using automated systems to assign loads, score carriers, set rates, or monitor driver performance would face significant new compliance burdens including filing copies of every AI-use notice with the Minnesota Commissioner of Labor and Industry and providing workers (including ICs) a human review appeal process. The bill did not advance past committee referral before the regular session ended May 18, 2026, but the broad IC coverage makes it a priority to monitor if a special session is called or the bill is reintroduced.
Recommended action: Logistics brokers using AI-driven load matching, carrier scoring, or performance monitoring tools should engage with Minnesota's legislative process to push back on the broad definition of 'worker' that explicitly includes independent contractors.
Last action: Apr 7, 2026 (185 days ago)
6/10 SCOREOPPOSE
Use of electronic monitoring tools regulation in employment settings
Use of electronic monitoring tools regulation in employment settings
Status: S: Comm report: To pass as amended and re-refer to State and Local Government (Apr 07, 2026)
Assessment: This bill explicitly defines 'worker' to include independent contractors and 'employment-related decision' to cover decisions affecting contractors' contracts and relationships — meaning brokers using geolocation tracking, telematics, or automated load-matching systems on owner-operators could be subject to 30-day pre-use notices, mandatory consent, opt-out rights, 36-month data retention mandates, and commissioner reporting requirements. The broad definition of 'employer' — covering anyone who 'exercises control over... access to work or job opportunities' — could sweep in freight brokers as covered employers even though they do not employ drivers directly. If your operations involve any electronic monitoring of Minnesota-based contractors, this bill creates significant compliance obligations and potential enforcement exposure.
Recommended action: Logistics brokers using geolocation, telematics, or AI-driven dispatch tools to monitor owner-operators should engage with the Minnesota legislature to clarify that the bill's 'independent contractor' inclusion does not override the arm's-length broker-carrier relationship.
Last action: Mar 23, 2026 (200 days ago)
6/10 SCOREOPPOSE
Independent contractors and payors added to the centralized work reporting system, and payors required to report independent contractors to the centralized work reporting system.
Independent contractors and payors added to the centralized work reporting system, and payors required to report independent contractors to the centralized work reporting system.
Status: H: Committee report, to adopt as amended / Second reading (Mar 23, 2026)
Assessment: This bill requires Minnesota-based payors — which would include freight brokers contracting with independent owner-operators — to report newly engaged independent contractors to the state's centralized work reporting system within 20 days, using W-9 or equivalent documentation, whenever compensation reaches $600 or more per calendar year. The key change from current law is that IC reporting by private-sector payors shifts from optional ('may report') to mandatory ('shall report'), with civil penalties of $25 per unreported contractor on a second violation and $500 per contractor if noncompliance involves a conspiracy. For brokers managing high volumes of carrier relationships, this creates a recurring administrative reporting obligation tied to every new owner-operator engagement, with penalty exposure for failures to comply.
Recommended action: Logistics brokers operating in Minnesota should monitor this bill and engage with the legislature to clarify scope and minimize compliance burden on broker-contractor arrangements.
Last action: Mar 18, 2026 (205 days ago)
6/10 SCOREOPPOSE
Use of automated decision systems in employment settings regulated.
Use of automated decision systems in employment settings regulated.
Status: H: Introduction and first reading, referred to Workforce, Labor, and Economic Development Finance and Policy (Mar 18, 2026)
Assessment: This bill explicitly extends its coverage to independent contractors, defining 'worker' to include ICs and 'employment-related decisions' to cover decisions affecting contractor assignments, pay, and work access — meaning any AI or algorithmic tool you use for load matching, carrier scoring, dispatch, or performance evaluation likely triggers mandatory pre-use notice, affirmative consent, opt-out rights, and 36-month data retention obligations. Employers (which under the broad definition could sweep in brokers who exercise control over IC access to work) must file copies of every AI notice with the Minnesota Commissioner of Labor and Industry within 10 days, maintain detailed data records, and respond to worker data requests within seven days — adding significant administrative overhead to broker operations. The bill stalled in committee before the March 27 policy deadline and cannot advance in the 2026 regular session, but its broad IC scope and operational compliance requirements make it a priority to track if reintroduced.
Recommended action: Logistics brokers using AI-based dispatch, load matching, scoring, or performance tools should monitor this bill and engage with the Minnesota legislature to oppose its compliance burdens as applied to independent contractor relationships.
Last action: Apr 2, 2025 (555 days ago)
6/10 SCORESUPPORT
Certain individuals working in positions regulated by the United States Department of Transportation exempted from earned sick and safe time requirements provision
Certain individuals working in positions regulated by the United States Department of Transportation exempted from earned sick and safe time requirements provision
Status: S: Introduction and first reading / Referred to Labor (Apr 02, 2025)
Assessment: This bill adds a new exemption to Minnesota's earned sick and safe time law for individuals in positions regulated by the U.S. DOT under 49 U.S.C. § 31502 — the federal statute governing hours-of-service and driver qualifications for commercial motor vehicle operators. If enacted, drivers and other DOT-regulated personnel working for carriers you contract with would fall outside the Minnesota sick and safe time mandate, eliminating a state-level labor compliance layer that could otherwise complicate carrier relationships and operational scheduling. Note that the bill stalled in committee and the 2026 regular session has ended, so it cannot advance without a special session.
Recommended action: Logistics brokers and carriers operating in Minnesota should support this bill, as it would exempt DOT-regulated drivers and personnel from Minnesota's earned sick and safe time mandate, reducing compliance complexity for motor carrier operations.
Last action: Apr 2, 2025 (555 days ago)
6/10 SCORENEUTRAL
Collective bargaining rights for transportation network company drivers created and regulated, and rulemaking authorized.
Collective bargaining rights for transportation network company drivers created and regulated, and rulemaking authorized.
Status: H: Introduction and first reading, referred to Workforce, Labor, and Economic Development Finance and Policy (Apr 02, 2025)
Assessment: This bill creates a collective bargaining framework exclusively for transportation network company (TNC/rideshare) drivers under a new Minnesota Statutes chapter 179B — it does not on its face apply to freight carriers, owner-operators, or logistics brokers. However, the broad definitions of 'driver' and 'labor organization,' combined with the unfair labor practice provisions and mandatory good-faith bargaining obligations imposed on TNCs, establish a structural precedent that could be extended to gig-based freight and last-mile delivery platforms in future sessions. Your immediate exposure is low, but the framework mirrors what labor advocates have sought for owner-operators, so this is worth tracking for scope creep or companion legislation targeting freight.
Recommended action: Monitor this bill for scope expansion to freight or last-mile delivery drivers, and engage with the Minnesota legislature to ensure any collective bargaining framework does not extend to owner-operators used by logistics brokers.
Last action: Apr 1, 2025 (556 days ago)
6/10 SCOREOPPOSE
Biennial misclassification fraud impact report requirement and appropriation
Biennial misclassification fraud impact report requirement and appropriation
Status: S: Comm report: To pass as amended and re-refer to Taxes (Apr 01, 2025)
Assessment: This bill requires Minnesota's Intergovernmental Misclassification Enforcement and Education Partnership agencies — including Labor and Industry, Revenue, and DEED — to produce annual reports estimating misclassification rates by industry, which will explicitly guide enforcement priorities and budget appropriations toward sectors identified as high-risk. For logistics brokers operating in Minnesota, the industry-level breakdown required under subdivision 4b(a)(4) is the direct threat: it creates a data-driven roadmap for targeting broker-carrier arrangements where owner-operators are classified as independent contractors. While the bill does not change the classification standard itself, it funds and institutionalizes an enforcement intelligence function that increases audit and penalty exposure for your IC model.
Recommended action: Engage with Minnesota legislative committees on labor to push back on reporting requirements that frame IC use as fraud and will direct enforcement resources toward industries like trucking.
Last action: Mar 10, 2025 (578 days ago)
6/10 SCOREOPPOSE
Annual reports from partnership entities of the Intergovernmental Misclassification Enforcement and Education Partnership required, and money appropriated.
Annual reports from partnership entities of the Intergovernmental Misclassification Enforcement and Education Partnership required, and money appropriated.
Status: H: Introduction and first reading, referred to Workforce, Labor, and Economic Development Finance and Policy (Mar 10, 2025)
Assessment: This bill requires Minnesota's Intergovernmental Misclassification Enforcement and Education Partnership agencies — including Labor and Industry, Revenue, and DEED — to produce annual industry-by-industry misclassification rate reports and appropriates dedicated funding for misclassification fraud analysis. While it does not change the classification test itself, it directly builds the analytical and enforcement capacity that agencies use to target industries like freight where independent contractor use is prevalent. The industry-segmented reporting requirement at subdivision (a)(4) is the key mechanism to watch — it explicitly directs enforcement priorities based on misclassification estimates, putting trucking and logistics on a short list of sectors likely to draw increased scrutiny.
Recommended action: Brokers operating in Minnesota should monitor this bill and engage with industry associations to push back on funding mechanisms that build the enforcement infrastructure used to scrutinize independent contractor arrangements.
Last action: Mar 10, 2025 (578 days ago)
6/10 SCOREOPPOSE
Independent contractors and payors addition to the centralized work reporting system; payors to report independent contractors to the centralized work reporting system requirement
Independent contractors and payors addition to the centralized work reporting system; payors to report independent contractors to the centralized work reporting system requirement
Status: S: Introduction and first reading / Referred to Health and Human Services (Mar 10, 2025)
Assessment: This bill amends Minnesota's centralized work reporting system to require payors — including freight brokers — to report independent contractors within 20 calendar days of engagement, using the contractor's W-9 or equivalent, with civil penalties of $25 per unreported contractor (or $500 per contractor if noncompliance is conspiratorial). The definition of 'independent contractor' explicitly includes transportation network and delivery drivers earning $600 or more annually, which pulls owner-operators squarely into scope. The key change from current law is the conversion of IC reporting by private payors from optional ('may report') to mandatory ('shall report'), adding a new compliance obligation and penalty exposure for every owner-operator relationship your Minnesota operations engage.
Recommended action: Logistics brokers operating in Minnesota should engage with their state association to oppose or seek amendments exempting short-term, project-based owner-operator engagements from the new mandatory IC reporting requirement.
Last action: Mar 13, 2025 (575 days ago)
5/10 SCORENEUTRAL
Certain information provided by businesses when determining worker classification requirement provision
Certain information provided by businesses when determining worker classification requirement provision
Status: S: Introduction and first reading / Referred to Labor (Mar 13, 2025)
Assessment: This bill adds a subdivision to Minnesota Statutes section 181.725 requiring 'partnership entities' to provide businesses with information — including UI, workers' comp, and tax ID data — needed to determine worker classification. The practical impact on your operations depends entirely on how 'partnership entity' is defined under existing MN statute 181.725, which could sweep in agencies, platforms, or intermediaries involved in contractor arrangements. If brokers qualify as partnership entities under that definition, you may face new disclosure obligations; if you are the 'requesting business,' this could actually help you gather documentation to support IC classification — making the net effect ambiguous until that definition is clarified.
Recommended action: Monitor this bill to assess whether the 'partnership entity' disclosure requirement creates new administrative obligations for brokers classifying owner-operators.
Missouri (MO) — 6 bills SESSION ENDED · May 15
Last action: Apr 15, 2026 (177 days ago)
6/10 SCORENEUTRAL
Modifies provisions relating to workers' compensation
Modifies provisions relating to workers' compensation
Status: H: Executive Session Completed (H) / Voted Do Pass (H) / Reported Do Pass (H) - AYES: 6 NOES: 2 PRESENT: 0 / Taken Up for Third Reading (H) / Third Read and Passed (H) - AYES: 86 NOES: 62 PRESENT: 1 / Reported to the Senate and First Read (S) (Feb 09, 2026) · S: Executive Session Held (S) / SCS Voted Do Pass (S) (Apr 15, 2026)
Assessment: Section 287.020 explicitly excludes from the workers' compensation 'employee' definition any individual who owns and operates a motor vehicle leased or contracted to a for-hire motor carrier operating under a Missouri DOT or USDOT certificate — a direct protection for the owner-operator model your business depends on. The remaining changes tighten compensability standards (prevailing-factor causation, occupational disease definitions, PTSD for first responders) and add a 'maximum medical improvement' definition, none of which materially burden broker-carrier arrangements. This bill is net neutral-to-favorable for logistics brokers: the owner-operator carve-out is preserved and causation standards are made more restrictive, which limits exposure for any misclassification scenario.
Recommended action: Monitor this bill to confirm that the explicit exclusion of owner-operators leased to for-hire motor carriers from the 'employee' definition is preserved in the final version.
Last action: Mar 10, 2026 (213 days ago)
6/10 SCORENEUTRAL
Establishes the Delivery Network Company Insurance Act and establishes the standards and requirements for motor vehicle liability insurance coverage
Establishes the Delivery Network Company Insurance Act and establishes the standards and requirements for motor vehicle liability insurance coverage
Status: H: HCS Reported Do Pass (H) - AYES: 8 NOES: 1 PRESENT: 1 (Mar 10, 2026)
Assessment: This bill establishes insurance floor requirements — $50K/$100K bodily injury and $25K property damage — that must be maintained by delivery network companies or their drivers during active delivery and availability periods, with the platform bearing primary liability if driver coverage lapses. It also explicitly affirms that delivery network company drivers are independent contractors, not employees, which is a pro-broker provision. Your exposure depends on whether your operations involve platform-dispatched last-mile delivery arrangements that qualify as a 'delivery network company' under Missouri's new definitions — traditional freight brokerage arranging motor carrier hauls is unlikely to be swept in, but hybrid or app-based dispatch models warrant a closer look.
Recommended action: Monitor this bill to confirm whether your broker or carrier operations involve delivery network company arrangements that would trigger these insurance and disclosure mandates.
Last action: Feb 11, 2026 (240 days ago)
6/10 SCORENEUTRAL
Modifies provisions relating to workers' compensation
Modifies provisions relating to workers' compensation
Status: S: Hearing Conducted S General Laws Committee (Feb 11, 2026)
Assessment: This bill preserves the existing exclusion in §287.020 that explicitly exempts owner-operators who own and lease their vehicle to a for-hire motor carrier from Missouri workers' compensation coverage — a provision directly protective of the broker-carrier model. However, the bill also lowers the causation threshold for compensable injuries from the 'prevailing factor' standard to a 'substantial factor' standard, which broadens the universe of compensable claims and could increase liability exposure for any workers who are or become classified as employees. Brokers should confirm the owner-operator exclusion language survives to final passage and evaluate whether any drivers in their network could be reclassified under related proceedings given the expanded claim criteria.
Recommended action: Monitor this bill to ensure the retained owner-operator exclusion in §287.020 remains intact through final passage, and assess whether the lowered causation standard (from 'prevailing factor' to 'substantial factor') increases claim exposure for any workers your operations could be deemed to employ.
Last action: May 15, 2026 (147 days ago)
5/10 SCORENEUTRAL
Creates new provisions relating to employment practices involving warehouse distribution centers
Creates new provisions relating to employment practices involving warehouse distribution centers
Status: H: Referred: Emerging Issues(H) (May 15, 2026)
Assessment: This bill targets warehouse distribution centers (NAICS codes 493, 423, 424, 454110) and imposes quota disclosure, recordkeeping, and anti-retaliation requirements — but the definition of 'employer' explicitly sweeps in anyone who 'through an independent contractor' exercises control over wages, hours, or working conditions of 100+ workers at a single site or 1,000+ cumulatively, with all such persons deemed jointly and severally liable. If your brokerage arranges freight through or into covered warehouse facilities, or if you contract with carriers whose operations fall under these NAICS codes, you could be pulled into the liability chain. The bill is currently stalled — MO's regular session ended May 15, 2026 — but the veto session on 9/16/26 warrants continued monitoring.
Recommended action: Monitor this bill closely, as its joint-and-several liability provision and broad definition of 'employer' could expose logistics brokers who use warehouse distribution centers or contract with carriers operating within them to compliance obligations and retaliation liability.
Last action: Feb 24, 2026 (227 days ago)
5/10 SCORENEUTRAL
Modifies provisions relating to insurance coverage for certain delivery network companies
Modifies provisions relating to insurance coverage for certain delivery network companies
Status: S: Hearing Conducted S Insurance and Banking Committee (Feb 24, 2026)
Assessment: This bill creates a liability insurance framework for app-based delivery network companies and their drivers, setting minimum coverage thresholds ($50K/$100K/$25K) and clarifying coverage responsibilities across 'delivery availability' and 'delivery service' periods — a structure similar to existing TNC (rideshare) insurance laws. Critically, the bill explicitly defines delivery network company drivers as independent contractors and not employees 'for all purposes,' and §379.2015(10) states that a delivery network company shall not be deemed to control or direct a driver except by written contract — both provisions that are favorable to IC-based business models. The bill applies narrowly to personal-vehicle, app-dispatched delivery drivers rather than commercial motor carriers or freight brokers, so its direct operational impact on your business is limited, but the IC classification language and insurance framework are worth tracking as a legislative precedent.
Recommended action: Monitor this bill to assess whether its insurance framework and IC classification language could be applied to or used as a model affecting freight broker-carrier arrangements in Missouri.
Last action: Jan 27, 2026 (255 days ago)
5/10 SCORENEUTRAL
Modifies provisions relating to workers' compensation
Modifies provisions relating to workers' compensation
Status: S: Second Read and Referred S General Laws Committee (Jan 27, 2026)
Assessment: This bill amends Missouri's workers' compensation statutes across multiple sections, but critically preserves the existing exclusion in Section 287.020 that explicitly exempts owner-operators who own and lease their motor vehicle to a for-hire motor carrier from the definition of 'employee' — a direct protection for your broker-carrier contracting model. The substantive changes focus on tightening the definitions of 'accident,' 'injury,' and 'occupational disease' (e.g., replacing 'unexpected event' with 'traumatic event,' adding a 'greater benefit of the employer' prong, and narrowing toxic exposure diseases) in ways that generally restrict compensability rather than expand it. Because the owner-operator carve-out is preserved and the changes primarily affect injury compensability standards for covered employees, the net impact on logistics brokers is limited — but you should confirm the final enacted version retains Section 287.020's motor carrier exclusion language unchanged.
Recommended action: Monitor this bill for any provisions that could affect how Missouri defines employee status for owner-operators under workers' compensation, particularly the retained exclusion for leased motor vehicle owner-operators in Section 287.020.
North Carolina (NC) — 1 bill SESSION ENDED · Aug 31
Last action: Jul 1, 2026 (100 days ago)
7/10 SCORESUPPORT
Voluntary Portable Benefits Plan Act
Voluntary Portable Benefits Plan Act
Status: H: Withdrawn From Com / Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House (Jun 16, 2026)
Assessment: This bill creates a voluntary portable benefits framework under which you, as a hiring party, can contribute to an independent contractor's portable benefit account without triggering reclassification risk — Section 66-516(b) expressly bars those contributions from being used as evidence of an employment relationship under any NC state labor, tax, or unemployment law. This is a direct safe harbor for logistics brokers who want to offer benefit support to owner-operators without jeopardizing IC status. The opt-in withholding mechanism and written agreement requirements add a clean, documented structure that further insulates broker-carrier contracts from misclassification claims.
Recommended action: Logistics brokers should support this bill and urge its passage, as it explicitly protects broker-contractor arrangements by stating that portable benefit contributions cannot be used as evidence of an employment relationship under NC unemployment, workers' comp, tax, or labor law.
Nebraska (NE) — 1 bill SESSION ENDED · Apr 17
Last action: Mar 30, 2026 (193 days ago)
5/10 SCORENEUTRAL
Interim study to examine portable benefits systems and related regulatory frameworks for independent contractors and other workers engaged in nontraditional work arrangements
Interim study to examine portable benefits systems and related regulatory frameworks for independent contractors and other workers engaged in nontraditional work arrangements
Assessment: This resolution directs a legislative committee to study portable benefits systems for independent contractors — the outcome could produce legislation that either protects or threatens your owner-operator relationships depending on how the framework is designed. The study explicitly includes examination of whether Nebraska law barriers exist to voluntary portable benefit arrangements, which is the language pattern that precedes either a safe-harbor bill (pro-broker) or a reclassification-triggering mandate (anti-broker). No law changes now, but the committee's recommendations will shape future legislation — this is the moment to provide industry input before the bill drafting stage.
Recommended action: Engage with Nebraska's Banking, Commerce and Insurance Committee during the interim study process to advocate for portable benefits frameworks that explicitly preserve independent contractor status.
New Hampshire (NH) — 1 bill SESSION ENDED · Jun 4
Last action: Jul 10, 2026 (91 days ago)
7/10 SCOREENACTED
Relative to voluntary portable benefits plans for independent contractors.
Relative to voluntary portable benefits plans for independent contractors.
Status: H: Signed by Governor Ayotte 07/02/2026; Chapter 220; eff. 8/31/2026 (Jul 10, 2026) · S: Enrolled Adopted, Voice Vote, (In recess 06/04/2026); Senate Journal 14 (Jun 23, 2026)
Assessment: This New Hampshire law creates a voluntary portable benefits framework that explicitly shields hiring parties — including freight brokers — from reclassification risk: contributions to health, disability, retirement, or other benefit plans on behalf of independent contractors cannot be used as evidence of an employment relationship under RSA 275, RSA 282-A, or any other state labor statute. The opt-in/opt-out structure and written agreement requirement give brokers a clear, documented process for offering benefits to owner-operators without triggering the classification factors that typically accompany employer-provided benefits. For brokers competing for capacity in a tight driver market, this law opens a meaningful recruiting and retention tool that was previously too legally risky to use.
New Jersey (NJ) — 10 bills IN SESSION · thru Dec 31
SCR62 / ACR73
Last action: Jan 13, 2026 (269 days ago)
8/10 SCORESUPPORT
Declares Department of Labor and Workforce Development new rules concerning employment status test for independent contractors inconsistent with legislative intent.
Declares Department of Labor and Workforce Development new rules concerning employment status test for independent contractors inconsistent with legislative intent.
Status: S: Introduced in the Senate, Referred to Senate Labor Committee (Jan 13, 2026)
Assessment: This concurrent resolution invokes New Jersey's constitutional legislative review authority to invalidate proposed NJ DOLWD rules (N.J.A.C. 12:11) that would have tightened ABC test enforcement by treating standard business tools — like digital dispatch apps and insurance requirements — as evidence of employer control, and by declaring drivers' personal vehicles a 'place of business' to eliminate the location-of-work prong for gig and transportation network drivers. If the DOLWD rules had taken effect, owner-operators and independent truckers in New Jersey would have faced a far heavier presumption of employee status under the ABC test, directly threatening the broker-carrier contracting model. By blocking these rules, this resolution preserves the current, more workable ABC test framework — a meaningful near-term win for your New Jersey operations, though the DOLWD retains authority to re-propose revised rules.
Recommended action: Logistics brokers and carriers operating in New Jersey should support this resolution, as it blocks NJ DOLWD rules that would have made it significantly harder to classify drivers and owner-operators as independent contractors under the ABC test.
Establishes fee on certain employers that employ individuals who receive health benefits coverage through State Medicaid program.
Establishes fee on certain employers that employ individuals who receive health benefits coverage through State Medicaid program.
Status: S: Reported from Senate Committee with Amendments, 2nd Reading (Jun 28, 2026)
Assessment: This bill places the burden on employers to prove that individuals are independent contractors under the NJ UI ABC-adjacent standard (R.S.43:21-19), and any failure to properly classify workers triggers misclassification penalties under P.L.2019, c.373 — meaning brokers who cannot satisfy that burden could face both the per-employee Medicaid fee and additional enforcement action. Given New Jersey's active push against IC arrangements in 2026, this creates a real compliance risk for brokers whose owner-operators or carrier relationships could be scrutinized under the classification standard embedded in this fee structure. The financial exposure compounds quickly: a broker deemed to have 500+ misclassified workers on Medicaid could face $725 per person annually plus up to $500 per day in penalties for non-payment.
Recommended action: Logistics brokers operating in New Jersey with large carrier networks should monitor this bill closely and engage with NJ legislative contacts to oppose it, given its IC classification burden and the state's aggressive anti-contractor posture.
Last action: Feb 5, 2026 (246 days ago)
7/10 SCOREOPPOSE
Establishes Office of Labor Law Enforcement.
Establishes Office of Labor Law Enforcement.
Status: S: Introduced in the Senate, Referred to Senate Labor Committee (Feb 05, 2026)
Assessment: This bill creates a dedicated Office of Labor Law Enforcement within NJ's Department of Labor, explicitly charged with coordinating enforcement of misclassification prohibitions and embedding deputy attorneys general within the department to prosecute violations — a structural escalation of enforcement capacity, not just a policy change. The office is self-funding through penalties collected, creating a financial incentive to aggressively pursue misclassification cases, which directly threatens how you contract with independent owner-operators under NJ labor law. While the bill does not change the underlying classification standard itself, the institutional infrastructure it builds — dedicated prosecutors, co-location, annual enforcement reports tied to budget requests — signals a sustained ramp-up in misclassification audits and proceedings that NJ-based brokers and carriers cannot ignore.
Recommended action: Engage with the NJ Department of Labor and legislative contacts to monitor how this office prioritizes misclassification enforcement targeting broker-carrier relationships.
Last action: Jan 13, 2026 (269 days ago)
7/10 SCORESUPPORT
Revises test for employment or independent contractor status under certain State labor laws.
Revises test for employment or independent contractor status under certain State labor laws.
Assessment: This bill amends R.S.43:21-19 — the definitional section of NJ's unemployment compensation law — to revise the test used to determine whether a worker is an employee or independent contractor, directly affecting how your owner-operator relationships are classified for UI purposes. Sponsored by conservative Republican Assemblyman DiMaio and co-sponsors, the bill's direction strongly signals a move away from NJ's existing ABC test toward a more favorable standard for IC arrangements, which would reduce your exposure to misclassification findings and UI contribution liability. Full bill text was truncated before the revised classification language, so confirm the specific test adopted before fully committing resources to a support campaign.
Recommended action: Engage with NJ legislative contacts to confirm the bill replaces or modifies the ABC test under the state UI law, and support its passage if it adopts a control-based or common law IC standard.
Last action: Jan 13, 2026 (269 days ago)
7/10 SCOREOPPOSE
Establishes system for portable benefits for workers who provide services to consumers through contracting agents.
Establishes system for portable benefits for workers who provide services to consumers through contracting agents.
Status: S: Introduced in the Senate, Referred to Senate Labor Committee (Jan 13, 2026)
Assessment: This bill targets 'contracting agents' that use a 'digital marketplace network' — a definition broad enough to capture freight brokers using load boards or digital dispatch platforms — and mandates a 15% payroll-equivalent contribution into portable benefits accounts for any worker logging 40+ hours per month. Section 8 includes a non-reclassification savings clause, which is a partial positive, but the mandatory contribution, compliance monitoring, departmental fees, and private right of action in Section 7 add real operational and financial exposure for brokers arranging freight through digital platforms. The bill's interaction with workers' compensation requirements (Section 3b) is particularly significant, as it may force workers' comp coverage onto owner-operators who currently carry occupational accident insurance under their own IC arrangements.
Recommended action: Logistics brokers operating digital freight platforms in New Jersey should engage with this bill and advocate against the mandatory 15% contribution requirement, which imposes significant new costs on broker-carrier arrangements without a clear exemption for the freight sector.
Last action: Sep 17, 2026 (22 days ago)
6/10 SCOREOPPOSE
Clarifies choice of independent contractor status for certain licensed or regulated professionals.
Clarifies choice of independent contractor status for certain licensed or regulated professionals.
Status: S: Motion To Sa (Schepisi) / Motion To Table Sa (24-13) (Ruiz) / Passed by the Senate (34-2) (Jun 18, 2026)
Assessment: This bill creates an IC safe harbor for specific licensed professionals and — critically for your business — for individuals operating motor vehicles to deliver or pick up freight from marine terminals or rail facilities who already meet the existing unemployment compensation law exemption under R.S.43:21-19(i)(7)(X), shielding them from any additional classification tests including NJ's wage and hour laws. However, the protection is narrow: last-mile delivery drivers and owner-operators not tied to marine terminals or rail facilities receive no protection and remain fully exposed to NJ's increasingly restrictive ABC test, including the DOL rule taking effect October 1. As currently drafted, this bill does not solve the core problem for most of your NJ-based independent contractors, and you should treat it as insufficient while advocating for legislation that affirmatively repeals the ABC test or blocks the October 1 DOL rulemaking.
Recommended action: Monitor this bill closely and engage with NJ legislators to push for broader relief that eliminates the ABC test and cancels the October 1 DOL rule, since this bill as written provides only limited protection for port/rail freight drivers and none for last-mile delivery owner-operators.
Last action: Jan 13, 2026 (269 days ago)
6/10 SCORENEUTRAL
Revises factors for determining employment or independent contractor status under certain State labor laws.
Revises factors for determining employment or independent contractor status under certain State labor laws.
Status: S: Introduced in the Senate, Referred to Senate Labor Committee (Jan 13, 2026)
Assessment: NO BILL TEXT: This NJ bill amends the worker classification factors under R.S.43:21-19 — the definitional section of New Jersey's Unemployment Compensation Law — which directly governs whether your owner-operators are treated as employees triggering UI contribution obligations. The operative language revising the actual classification factors was truncated and cannot be evaluated, so direction (pro-IC or anti-IC) cannot be confirmed; if the revised factors move toward a control-based or common-law test, this would benefit brokers, but if they expand the ABC test or economic-realities analysis, it would increase your misclassification exposure under NJ UI law.
Recommended action: Monitor this bill closely and obtain the complete operative language revising the classification factors before determining whether to support or oppose.
S4715 RECENT ACTIVITY
Last action: Oct 5, 2026 (4 days ago)
6/10 SCOREOPPOSE
Clarifies independent contractor status for certain creative professionals.
Clarifies independent contractor status for certain creative professionals.
Status: S: Introduced in the Senate, Referred to Senate Labor Committee (Oct 05, 2026)
Assessment: This bill carves out a defined IC safe harbor from NJ's ABC test, but only for 'creative professionals' — actors, musicians, designers, teaching artists, and similar roles. Freight brokers and owner-operators are explicitly outside this exemption, and Section g.(1)(b) specifically excludes 'transportation, delivery, or construction' services from eligibility. The SCI team's contextual note is important: this bill does not fix the underlying ABC test that threatens your broker-carrier model — it simply adds one more narrow carve-out to a growing patchwork, leaving your owner-operator relationships fully exposed to NJ's ABC test enforcement that took effect October 1, 2026.
Recommended action: Monitor this bill closely but do not prioritize advocacy, as it creates a narrow safe harbor for creative professionals only — it does not address the ABC test exposure that directly threatens freight broker and owner-operator relationships.
Last action: Jun 23, 2026 (108 days ago)
5/10 SCORESUPPORT
Establishes list of essential employees for purposes of travel during state of emergency.
Establishes list of essential employees for purposes of travel during state of emergency.
Assessment: This bill creates a voluntary registry allowing private entities to submit independent contractors — including owner-operators — for designation as essential employees authorized to travel during a New Jersey state of emergency. For your business, this is operationally significant: during a declared emergency with travel restrictions, registered drivers could continue hauling freight to critical infrastructure sites without law enforcement interference. The definition of 'essential employee' explicitly includes independent contractors performing work deemed necessary to protect critical infrastructure, which squarely covers freight and logistics operations.
Recommended action: Logistics brokers and carriers operating in New Jersey should engage with the State Office of Emergency Management to register owner-operators and drivers as essential employees, ensuring uninterrupted freight movement during declared emergencies.
A4580 / S1760
Last action: Mar 10, 2026 (213 days ago)
5/10 SCORENEUTRAL
Requires certain disclosures by providers of commercial financing.
Requires certain disclosures by providers of commercial financing.
Status: S: Introduced in the Senate, Referred to Senate Commerce Committee (Jan 13, 2026)
Assessment: This NJ bill imposes Truth-in-Lending-style APR, fee, and repayment disclosures on providers and brokers of commercial financing — including factoring transactions, which are commonly used by owner-operators and small carriers to manage cash flow. If your brokerage arranges or facilitates factoring deals or other commercial financing products for carriers, you may fall within the bill's definition of 'broker' and be required to deliver specific disclosures at the time of each offer. The bill's direct impact on core freight brokerage operations is limited, but any involvement in financing arrangements — particularly factoring — creates a compliance exposure worth tracking.
Recommended action: Monitor this bill for any compliance obligations that apply to brokers arranging factoring transactions or other commercial financing products on behalf of carrier clients.
New York (NY) — 17 bills SESSION ENDED · Jun 5
S01514 / A06664
Last action: Mar 30, 2026 (193 days ago)
9/10 SCOREOPPOSE
Empowers the commissioner of labor to issue stop-work orders against employers for misclassification of employees as independent contractors or for providing false, incomplete, or misleading information to an insurance company on the number of employees of such employer.
Empowers the commissioner of labor to issue stop-work orders against employers for misclassification of employees as independent contractors or for providing false, incomplete, or misleading information to an insurance company on the number of employees of such employer.
Status: S: PASSED SENATE / DELIVERED TO ASSEMBLY (Mar 30, 2026)
Assessment: This bill creates a new Section 45 of the NY Labor Law giving the Commissioner of Labor authority to issue stop-work orders halting all business operations at every worksite where a misclassification violation is found — meaning a single IC classification dispute could shut down your entire New York brokerage operation. Non-compliance with the order carries penalties of $1,000–$5,000 per day, and the order extends to successor entities, closing off any restructuring escape route. While the session has ended for 2025-26, the recent Democratic Socialist primary wins in New York signal this type of legislation will return in 2027 in potentially stronger form, making early coalition-building and lobbying engagement critical now.
Recommended action: Engage with NY trade associations and industry counsel to oppose this bill or push for amendments that explicitly exclude legitimate broker-carrier independent contractor arrangements from stop-work order authority.
Prohibits the enforcement of mandatory arbitration agreements clauses and joint-action waivers with respect to workplace disputes; clarifies that section 7515 of the civil practice laws and rules applies retroactively to nullify pre-existing illegal mandatory arbitration clauses.
Prohibits the enforcement of mandatory arbitration agreements clauses and joint-action waivers with respect to workplace disputes; clarifies that section 7515 of the civil practice laws and rules applies retroactively to nullify pre-existing illegal mandatory arbitration clauses.
Status: S: REFERRED TO JUDICIARY (Apr 09, 2026)
Assessment: This bill broadly defines 'contract of employment' to mean 'any contract to perform services for hire, regardless of whether or not such contract arises from an employment relationship' — which directly captures owner-operator and carrier agreements, not just traditional employees. It voids both pre-dispute and post-dispute mandatory arbitration clauses and joint-action (class action) waivers in those contracts, and applies retroactively to nullify existing arbitration provisions, exposing your business to collective actions from owner-operators on any dispute arising from or related to your service contracts. With New York's legislative landscape shifting further left following recent Democratic Socialist primary victories, this bill or a successor version is a high-priority threat to the enforceability of your standard broker-carrier contract terms in the next session.
Recommended action: Logistics brokers should oppose this bill and support any federal preemption challenges, as it would void arbitration clauses and class action waivers in owner-operator contracts governed by New York law.
Last action: Jan 7, 2026 (275 days ago)
9/10 SCOREOPPOSE
Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.
Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.
Assessment: This bill establishes a three-prong ABC test across New York's unemployment insurance, minimum wage, workers' comp, and labor law — requiring your business to prove that every owner-operator is free from your control, performs work outside your usual course of business, and operates an independently established trade. Prong B (outside the usual course of business) is the killer provision: arranging freight transportation is your core business, meaning the carriers you contract with perform exactly the work your business does, and you cannot satisfy that prong. The session has ended without passage, but the political environment in New York is shifting further left following recent Democratic Socialist primary wins, making reintroduction and passage in the 2027 session a heightened risk worth tracking closely.
Recommended action: Engage your state and national trade associations to oppose this bill if it is reintroduced in the 2027 session, as it would impose a strict ABC test across New York unemployment, wage, workers' compensation, and labor law — directly threatening your owner-operator contracting model.
Last action: Jan 7, 2026 (275 days ago)
9/10 SCOREOPPOSE
Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.
Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.
Status: S: REFERRED TO LABOR (Jan 07, 2026)
Assessment: This bill imposes a full ABC test — all three prongs must be satisfied by the hiring entity — across New York's Unemployment Insurance law, Labor Law wage/hour provisions, and Workers' Compensation Law, creating a presumption of employment that your owner-operator relationships will struggle to overcome since freight brokerage is core to your business (prong B). If enacted, arranging loads through independent carriers or owner-operators in New York could trigger UI contributions, workers' comp coverage obligations, and wage-and-hour liability under the Labor Law. The bill did not advance before the 2026 session ended, but the recent Democratic Socialist primary wins in New York signal this type of legislation will return in an even more aggressive form in 2027 — monitor closely and engage early.
Recommended action: Engage New York trade associations and lobby against this bill if it is reintroduced in the 2027 session, as it would make it significantly harder to contract with independent owner-operators under state labor, wage, and workers' compensation law.
S00162 / A07421
Last action: Jun 5, 2026 (126 days ago)
8/10 SCOREOPPOSE
Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders; establishes procedure for the issuance of such orders; establishes penalties for failure to comply with such orders.
Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders; establishes procedure for the issuance of such orders; establishes penalties for failure to comply with such orders.
Status: S: COMMITTED TO RULES (Jun 05, 2026)
Assessment: This bill creates new stop-work order authority for the NY Commissioner of Labor and Workers' Compensation Board, allowing cessation of all business operations at every worksite for wage payment violations exceeding $1,000 or knowing failures to maintain workers' comp coverage — with penalties of $1,000–$5,000 per day of noncompliance. The successor liability clause in both the labor law and workers' comp sections is particularly dangerous for your business: a stop-work order follows any successor firm or partnership, meaning a carrier you contract with that gets hit with an order could create compliance exposure if your arrangement is deemed a successor relationship. While the bill did not advance before the 2025-26 session ended June 5, 2026, the recent Democratic Socialist gains in New York legislative primaries signal this type of enforcement-expansion legislation is likely to return in a stronger form next session.
Recommended action: Logistics brokers and carriers operating in New York should oppose this bill and engage industry associations to push back on its broad stop-work authority and successor liability provisions.
Prohibits mandatory arbitration agreements in consumer and employment contracts; repeals existing provisions prohibiting mandatory arbitration clauses in certain consumer contracts.
Prohibits mandatory arbitration agreements in consumer and employment contracts; repeals existing provisions prohibiting mandatory arbitration clauses in certain consumer contracts.
Status: S: REFERRED TO CONSUMER PROTECTION (Jan 07, 2026)
Assessment: Section 5(a) explicitly voids mandatory arbitration agreements in contracts with 'any other class of workers engaged in foreign or interstate commerce' — language that maps directly onto owner-operators and independent carrier contracts under the FAA Section 1 exemption, particularly after Bissonnette (2024). Combined with Section 6, which invalidates any arbitration clause where enforceability is governed by state law, this bill would strip your broker-carrier agreements of arbitration protection and expose your business to class action disputes in New York courts. The bill did not advance before the 2026 session ended, but the post-primary shift toward Democratic Socialist representation in the NY Legislature makes a more aggressive version a serious watch item for the 2027 session.
Recommended action: Engage with NY trade associations and legislative contacts to oppose this bill if it advances in the 2027 session, emphasizing that voiding arbitration agreements in owner-operator contracts exposes brokers to class action litigation and undermines enforceable dispute resolution in freight arrangements.
S09821 / A04278
Last action: Apr 7, 2026 (185 days ago)
8/10 SCOREOPPOSE
Enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act"; relates to the delegation of state enforcement authority to private actors; authorizes an affected employee, whistleblower, representative organization or an organizational deputy to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.
Enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act"; relates to the delegation of state enforcement authority to private actors; authorizes an affected employee, whistleblower, representative organization or an organizational deputy to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.
Status: S: REFERRED TO LABOR (Apr 07, 2026)
Assessment: This bill creates a California PAGA-style private attorney general mechanism under New York labor law, explicitly including misclassified workers — defined as 'any person who is not classified by a business as an employee but who claims to be an employee' — as eligible relators, meaning owner-operators who believe they were wrongly treated as independent contractors can sue your business directly on behalf of the state and collect 40% of civil penalties plus mandatory attorney's fees. The penalty structure starts at $500 per affected worker per pay period per violation and escalates annually, creating potentially catastrophic aggregate exposure for brokers with large carrier networks if any owner-operator relationship is challenged. The bill did not advance before the 2026 session ended, but recent Democratic Socialist primary victories in New York signal a more aggressive labor enforcement posture in 2027, making reintroduction highly likely.
Recommended action: Brokers operating in New York should engage trade associations to oppose this bill and monitor for reintroduction in the 2027 session given the increasingly hostile legislative environment.
S00448 / A04278
Last action: Dec 24, 2025 (289 days ago)
8/10 SCOREOPPOSE
Enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act"; relates to the delegation of state enforcement authority to private actors; authorizes an affected employee, whistleblower, representative organization or an organizational deputy to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.
Enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act"; relates to the delegation of state enforcement authority to private actors; authorizes an affected employee, whistleblower, representative organization or an organizational deputy to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.
Status: S: AMEND AND RECOMMIT TO LABOR / PRINT NUMBER 448C (Dec 24, 2025)
Assessment: This bill creates a California PAGA-style private attorney general mechanism under New York labor law, allowing affected employees, whistleblowers, and labor organizations — including union-designated 'organizational deputies' — to sue employers on behalf of the state and collect civil penalties of $500 per employee per pay period per violation, plus mandatory attorney fees. Critically, the definition of 'affected employee' explicitly includes individuals claiming misclassification, meaning your owner-operators or contracted carriers could be used as the basis for a private enforcement action against your brokerage. Section 1151(4) also voids pre-dispute arbitration agreements and class action waivers unless collectively bargained, directly threatening your ability to enforce arbitration clauses in carrier and owner-operator contracts. While the 2026 session has ended, the recent Democratic Socialist gains in New York primary elections signal this bill or a strengthened version is likely to return — making it a high-priority watch for the next legislative term.
Recommended action: Engage with your New York legislative contacts and industry associations to oppose this bill if it is reintroduced in the next session, as it directly enables private parties — including union-aligned organizations — to sue your business for labor law violations, including misclassification claims.
S05425 / A06907
Last action: Mar 13, 2025 (575 days ago)
8/10 SCOREOPPOSE
Requires employment and consumer dispute arbitrations to be submitted to neutral third party arbitrators; establishes prohibited arbitration agreements and provisions; requires disclosure of information by certain arbitrators.
Requires employment and consumer dispute arbitrations to be submitted to neutral third party arbitrators; establishes prohibited arbitration agreements and provisions; requires disclosure of information by certain arbitrators.
Status: S: AMEND AND RECOMMIT TO JUDICIARY / PRINT NUMBER 5425A (Mar 13, 2025)
Assessment: Section 7518(b) explicitly voids mandatory arbitration agreements in contracts with 'any other class of workers engaged in foreign or interstate commerce' — language that mirrors the FAA Section 1 transportation worker exemption and would directly target owner-operator agreements where FAA protection is already contested post-Bissonnette. Section 7517(b) further prohibits all pre-dispute arbitration agreements covering 'employment disputes' as defined under the FLSA, and while independent contractors are not FLSA employees, aggressive enforcement or judicial expansion of that definition in New York courts poses real exposure for your broker-carrier contracts. The session has ended for 2025-26, but the recent Democratic Socialist primary wins flagged in state context make a stronger version of this bill a serious threat in the 2027 session — monitor closely.
Recommended action: Logistics brokers should oppose this bill and support industry associations urging a veto or federal preemption challenge, as it would void pre-dispute arbitration clauses in contracts with owner-operators who qualify as transportation workers under the FAA Section 1 exemption.
S08157 / A08642
Last action: Mar 9, 2026 (214 days ago)
7/10 SCOREOPPOSE
Enacts the "NYS health care tax reform act"; establishes a public goods and medicaid subsidy surcharge on insurance corporations; establishes a public goods and medicaid subsidy surcharge on business corporations; establishes a public goods and medicaid subsidy surcharge on pass-through entities; relates to filing fee surcharges; relates to revenues to be included in the health care reform act resources fund; establishes a public goods and medicaid surcharge on misclassified workers.
Enacts the "NYS health care tax reform act"; establishes a public goods and medicaid subsidy surcharge on insurance corporations; establishes a public goods and medicaid subsidy surcharge on business corporations; establishes a public goods and medicaid subsidy surcharge on pass-through entities; relates to filing fee surcharges; relates to revenues to be included in the health care reform act resources fund; establishes a public goods and medicaid surcharge on misclassified workers.
Status: S: AMEND AND RECOMMIT TO HEALTH / PRINT NUMBER 8157A (Mar 09, 2026)
Assessment: This bill establishes a 'public goods and Medicaid surcharge on misclassified workers,' meaning if New York determines your owner-operators should have been classified as employees, your business faces an additional tax surcharge on top of any existing reclassification liability — a financial penalty mechanism that layers on top of existing misclassification exposure. The bill also imposes a 10.2% franchise tax surcharge on corporations with 50+ employees that do not offer ACA-equivalent health benefits, which could affect broker operations depending on how 'employee' headcount is calculated after any reclassification finding. While the bill's primary aim is healthcare tax restructuring, the misclassified-worker surcharge provision directly ties tax consequences to IC classification decisions, increasing the financial risk of your contractor model in New York. Note: the 2026 regular session ended June 5, 2026, so this bill cannot advance without a special session — but the newly elected Democratic Socialist majority makes a similar or more aggressive version likely in the next session.
Recommended action: Logistics brokers operating in New York should monitor this bill and engage with state associations to oppose the misclassified-worker surcharge provision, which creates a direct financial penalty tied to independent contractor relationships.
Enacts the "mandatory arbitration & business licensing act"; provides that no state agency or local government shall issue or renew a covered license to any person that refuses to certify that such person will not, as the owner or operator of a business or provider of services in the state or a local government operating pursuant to such license; makes related provisions.
Enacts the "mandatory arbitration & business licensing act"; provides that no state agency or local government shall issue or renew a covered license to any person that refuses to certify that such person will not, as the owner or operator of a business or provider of services in the state or a local government operating pursuant to such license; makes related provisions.
Status: S: REFERRED TO CONSUMER PROTECTION (Jan 07, 2026)
Assessment: This bill (MABLA) ties covered license issuance and renewal to a certification that the licensee will not require employees or consumers to sign mandatory pre-dispute arbitration clauses — and the 'covered license' definition explicitly includes transportation network companies, for-hire vehicle services, and privately operated bus companies, meaning logistics and freight operations holding those licenses are directly in scope. If your business requires any of those NY operating licenses, you would be forced to choose between keeping your arbitration agreements and keeping your license — a direct threat to a key litigation-management tool in broker-carrier and driver contracts. The bill's carve-out preserving enforceability of existing arbitration clauses (§2(3)(a)) offers limited comfort, since it only protects already-signed agreements and does nothing for future contracts or renewals. The 2026 session has ended, but with Democratic Socialist gains in the NY Legislature, a strengthened version is likely to resurface next session and deserves active monitoring.
Recommended action: Brokers operating transportation network, for-hire vehicle, or bus services in New York should engage industry associations to oppose this bill, which conditions business licensing on forfeiting arbitration clauses in both employment and consumer contracts.
A03575 / S01180
Last action: Jun 3, 2026 (128 days ago)
6/10 SCOREOPPOSE
Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.
Establishes an indirect source review for heavy distribution warehouse operations; requires the department of environmental conservation to conduct a study regarding zero-emissions zones.
Status: S: REPASSED SENATE / RETURNED TO ASSEMBLY (Jun 01, 2026)
Assessment: This bill creates a mandatory indirect source review and permitting program for qualifying warehouses (50,000+ sq ft) in New York, requiring air pollution mitigation plans, zero-emissions vehicle transition measures, and — critically — annual reporting that includes the identity of subcontractors conducting more than 10% of delivery trips, along with vehicle counts, miles traveled, and workforce breakdowns distinguishing independent contractors from employees. While the bill targets warehouse operators rather than brokers directly, contracted carriers and owner-operators dispatched to qualifying facilities would be swept into the compliance and disclosure framework, including potential ZEV mandates that could restrict which vehicles your drivers may use. The zero-emissions zone study adds a longer-term threat: if NYC or the state implements fee zones or delivery restrictions for diesel medium- and heavy-duty vehicles, your carrier network's access to major freight corridors could be constrained or priced.
Recommended action: Logistics brokers and carriers serving New York distribution warehouses should oppose this bill and engage with the NY DEC rulemaking process to limit operational mandates and reporting burdens on contracted carriers.
Last action: Feb 12, 2026 (239 days ago)
6/10 SCOREOPPOSE
Limits the use of automatic data systems in connection with employment; requires an employer shall provide a written notice that an automatic data system is being used; provides remedies.
Limits the use of automatic data systems in connection with employment; requires an employer shall provide a written notice that an automatic data system is being used; provides remedies.
Assessment: This bill explicitly defines 'worker' to include independent contractors, meaning owner-operators you dispatch through automated systems — load boards, performance scoring, deactivation algorithms — are covered. You would be required to provide 30-day pre-use notices disclosing how your ADS works, maintain updated ADS inventories, prohibit sole-ADS deactivation decisions, and face $500-per-worker-per-violation civil penalties plus punitive damages and attorney's fees. The bill is dead for the current session but the incoming more progressive NY legislature makes a stronger version likely in 2027 — your automated dispatch and carrier-scoring tools are squarely in scope.
Recommended action: Logistics brokers using algorithmic dispatch, load-matching, or performance-scoring tools should monitor this bill and engage in opposition through industry associations if it advances in a future NY session.
Last action: Jan 7, 2026 (275 days ago)
6/10 SCOREOPPOSE
Authorizes certain penalties to be assessed against members of a limited liability company and partners of a limited liability partnership or partnership.
Authorizes certain penalties to be assessed against members of a limited liability company and partners of a limited liability partnership or partnership.
Status: S: REFERRED TO LABOR (Jan 07, 2026)
Assessment: This bill amends New York Workers' Compensation Law §26-a to extend personal, joint, and several liability for uninsured employer penalties to members of LLCs and partners of LLPs and partnerships — not just corporate officers. If your brokerage or any carrier you contract with operates as an LLC or partnership and fails to maintain required workers' comp coverage, the individual members or partners can now be held personally liable for awards paid from the Uninsured Employers' Fund. While this does not directly target the broker-carrier IC relationship, it raises the stakes for any LLC-structured operator in your network found to have misclassified workers or failed to carry coverage, and the broader trend in New York toward piercing entity liability protections signals increasing regulatory pressure on owner-operators.
Recommended action: Brokers operating as LLCs or partnerships in New York should engage counsel to assess personal liability exposure under workers' compensation law and monitor for broader enforcement trends in the next legislative session.
A02015 / S00335
Last action: Jan 7, 2026 (275 days ago)
6/10 SCORENEUTRAL
Relates to actions or practices that establish or maintain a monopoly, monopsony or restraint of trade; authorizes a class action lawsuit in the state anti-trust law.
Relates to actions or practices that establish or maintain a monopoly, monopsony or restraint of trade; authorizes a class action lawsuit in the state anti-trust law.
Status: S: PASSED SENATE / DELIVERED TO ASSEMBLY (May 06, 2026)
Assessment: This bill expands New York's antitrust law to cover monopsony conduct and 'dominant position' abuse in labor markets, explicitly naming independent contractors as potential victims of anti-competitive restraints — including restrictions on worker mobility and wage disclosure — which could be used to challenge how large brokers structure their carrier agreements. The bill also authorizes class action lawsuits under state antitrust law, lowering the litigation barrier for groups of owner-operators to collectively sue a broker they claim exercises dominant buying power in a freight market. While the bill is general antitrust law rather than a targeted classification bill, the combination of a 30% buyer-market share threshold for presumed dominance, AG rulemaking authority to expand prohibited restraints, and explicit references to independent contractor relationships creates meaningful litigation and regulatory exposure for larger brokers operating in concentrated freight lanes.
Recommended action: Monitor this bill and engage with the NY Attorney General rulemaking process if it advances, as the AG's expanded rulemaking authority could be used to target broker-carrier contracting practices.
A07898 / S07799
Last action: May 19, 2026 (143 days ago)
5/10 SCOREOPPOSE
Requires specific notice of mandatory arbitration clauses in employment contracts.
Requires specific notice of mandatory arbitration clauses in employment contracts.
Status: S: REFERRED TO JUDICIARY (May 19, 2026)
Assessment: This bill amends NY CPLR §7515 to require employers to affirmatively disclose and plainly explain mandatory arbitration clauses to contracting parties — including via a plain-language internet link for non-in-person signings. As written, the bill targets 'employment contracts,' which limits its direct application to your owner-operator agreements; however, the notice-and-disclosure mechanism it creates sets a precedent that could be applied to IC contracts in subsequent legislation, particularly given NY's increasingly hostile legislative environment toward contractor arrangements. The bill's 'except where inconsistent with federal law' carve-out provides some FAA preemption protection for broker-carrier arbitration clauses, but does not eliminate the compliance risk if scope is broadened.
Recommended action: Brokers should monitor this bill and oppose any expansion of its notice requirements to independent contractor agreements, as the plain-language disclosure mandate could be extended to owner-operator contracts in future sessions.
Last action: Jan 7, 2026 (275 days ago)
5/10 SCOREOPPOSE
Relates to prohibiting transportation network companies from including mandatory arbitration clauses in user agreements for certain offenses including assault and sex offenses; provides all user agreements issued with such clause shall be considered null and void and new agreements without such clause shall be issued within 14 days of the effective date of this legislation.
Relates to prohibiting transportation network companies from including mandatory arbitration clauses in user agreements for certain offenses including assault and sex offenses; provides all user agreements issued with such clause shall be considered null and void and new agreements without such clause shall be issued within 14 days of the effective date of this legislation.
Status: S: REFERRED TO TRANSPORTATION (Jan 07, 2026)
Assessment: This bill targets Transportation Network Companies (TNCs) specifically, voiding mandatory arbitration clauses in user agreements for assault and sexual offense claims — it does not directly apply to freight broker-carrier or broker-owner-operator contracts. However, it establishes a state-law mechanism for nullifying arbitration clauses in transportation agreements, and given New York's increasingly hostile legislative environment toward contractor arrangements, this narrow TNC-focused restriction is a credible template for broader expansion to freight and logistics contracts. The bill died with the 2025-2026 session ending June 5, 2026, but resurfaces risk is elevated heading into the next session given recent Democratic Socialist gains in New York City primaries.
Recommended action: Brokers should monitor this bill and oppose it as a precedent-setting arbitration restriction that could be expanded to cover owner-operator and carrier agreements in future sessions.
Ohio (OH) — 2 bills IN SESSION · thru Dec 31
Last action: Feb 4, 2026 (247 days ago)
8/10 SCORESUPPORT
Regards employment under Ohio's overtime and minimum wage laws
To amend sections 4111.03 and 4111.14 and to enact section 4111.20 of the Revised Code regarding the distinction between employees and independent contractors under Ohio's overtime and minimum wage laws.
Status: H: Referred to committee: Commerce and Labor (Feb 04, 2026)
Assessment: Ohio H.B. 624 enacts a new Section 4111.20 and amends existing wage law to establish explicit IC safe harbor criteria for owner-operators performing services for motor carriers — requiring factors such as vehicle ownership/bona fide lease, mileage- or performance-based compensation, substantive control over means and manner of service, written IC contract, and responsibility for operating costs and economic risk. These seven enumerated factors mirror the existing motor carrier carve-out already in 4111.14 but extend and clarify the standard across both minimum wage and overtime statutes, reducing ambiguity that plaintiffs' attorneys currently exploit to argue misclassification. For your business, this bill reduces litigation exposure under Ohio wage law by giving you a defined checklist to structure owner-operator agreements that will withstand regulatory scrutiny.
Recommended action: Logistics brokers and motor carriers operating in Ohio should actively support this bill, as it codifies a clear statutory safe harbor protecting owner-operator IC status under Ohio's minimum wage and overtime laws.
Last action: May 13, 2026 (149 days ago)
5/10 SCORENEUTRAL
Regards pay, workers' comp for transportation network drivers
To amend sections 4121.01, 4123.01, 4123.26, 4123.29, 4123.35, 4925.01, and 4925.10 and to enact sections 4925.15, 4925.16, 4925.17, 4925.18, 4925.19, 4925.20, 4925.25, 4925.26, 4925.27, and 4925.28 of the Revised Code regarding minimum pay, workers' compensation, and other requirements applicable to transportation network company drivers.
Status: H: Referred to committee: Commerce and Labor (May 13, 2026)
Assessment: This Ohio bill specifically targets transportation network company (TNC) drivers — rideshare platforms like Uber and Lyft — by amending workers' compensation statutes and enacting new minimum pay requirements under Chapter 4925. The bill's employee definitions for workers' comp purposes explicitly carve out motor carrier owner-operators who meet a multi-factor IC test (ownership, cost responsibility, control over means and manner), which actually preserves existing IC protections for your owner-operator relationships. Your primary watch point is whether Ohio regulators or courts later use the new TNC 'employer' and 'employee' definitions as a template to argue analogous obligations apply to freight broker-carrier arrangements.
Recommended action: Monitor this bill for any language that could be interpreted to extend workers' comp or minimum pay obligations beyond TNC rideshare drivers to owner-operators or last-mile delivery contractors.
Oklahoma (OK) — 1 bill SESSION ENDED · May 14
Last action: Feb 3, 2026 (248 days ago)
5/10 SCORENEUTRAL
Motor vehicles; Oklahoma Driver Fairness and Transparency Act; Oklahoma Corporation Commission; Oklahoma Attorney General; codification; effective date.
Motor vehicles; Oklahoma Driver Fairness and Transparency Act; Oklahoma Corporation Commission; Oklahoma Attorney General; codification; effective date.
Status: H: Second Reading referred to Rules (Feb 03, 2026)
Assessment: This Oklahoma bill targets TNC (rideshare) and courier application service platforms — not freight brokers or motor carriers — imposing deactivation procedures, tip protections, and compensation transparency requirements on app-based gig platforms. The bill explicitly preserves independent-contractor status for drivers, which is a neutral-to-positive signal, but its procedural mandates (5-person review panels, 14-day challenge windows, OCC filings) create a regulatory compliance framework that could be expanded to freight platforms in future sessions. Freight brokers using digital load boards or app-based dispatch tools should watch whether Oklahoma regulators or courts interpret 'platform' broadly enough to capture broker-carrier matching technology.
Recommended action: Monitor this bill for any provisions that could be interpreted to extend platform-style deactivation procedures or compensation transparency mandates to freight broker-carrier relationships, and engage with the Oklahoma Corporation Commission rulemaking process if the bill advances.
Pennsylvania (PA) — 7 bills IN SESSION · thru Nov 30
Last action: Apr 9, 2025 (548 days ago)
9/10 SCOREOPPOSE
Providing for criteria for independent contractors and for powers and duties of the Department of Labor and Industry and the Secretary of Labor and Industry; and imposing penalties.
An Act providing for criteria for independent contractors and for powers and duties of the Department of Labor and Industry and the Secretary of Labor and Industry; and imposing penalties.
Status: S: Referred to Labor & Industry (Apr 09, 2025)
Assessment: This bill establishes a multi-factor independent contractor test for all non-construction industries in Pennsylvania — including trucking and freight — requiring written project-specific contracts, freedom from control, and proof of an independently established business across five sub-criteria to maintain IC status. Critically, it adds stop-work order authority, criminal penalties up to a third-degree felony for repeat violations, treble-damages private rights of action, and liability for third parties (like brokers) who knowingly contract with misclassifying employers — directly threatening your ability to place owner-operators without employee reclassification risk. The good-faith defense provides limited protection, but the compliance burden, audit authority, and third-party liability exposure make this a high-priority threat to the broker-carrier contracting model in Pennsylvania.
Recommended action: Engage Pennsylvania legislative contacts and industry associations to oppose this bill or push for explicit motor carrier/broker exemptions before it advances out of the Labor and Industry Committee.
Last action: Sep 10, 2025 (394 days ago)
8/10 SCOREOPPOSE
Requiring an employer to provide paid leave to an employee due to a climate-related emergency; establishing the Climate-related Emergency Paid Leave Fund; and imposing duties on the Department of Labor and Industry.
An Act requiring an employer to provide paid leave to an employee due to a climate-related emergency; establishing the Climate-related Emergency Paid Leave Fund; and imposing duties on the Department of Labor and Industry.
Status: H: Referred to Labor & Industry (Sep 10, 2025)
Assessment: The bill's definition of 'employ' uses a three-prong ABC test — the same classification framework used in California's AB 5 — requiring you to prove that a worker is free from control, performs work outside your usual business, and operates an independently established trade before that worker qualifies as an independent contractor. Because freight brokerage and transportation are core to your business, prong two (work outside the usual course of business) is nearly impossible to satisfy for owner-operators hauling freight you arranged, meaning those drivers would be treated as employees entitled to up to 10 days of paid leave per year during declared climate emergencies, with penalties up to $1,000 per violation for noncompliance. Even with the 50% employer reimbursement fund, this bill introduces both a reclassification risk and a direct paid-leave cost that threatens the independent contractor model your operations depend on.
Recommended action: Logistics brokers operating in Pennsylvania should oppose this bill because it embeds a strict ABC test in its definition of 'employ,' which would presumptively reclassify your owner-operators as employees subject to paid leave mandates.
Last action: Jun 24, 2025 (472 days ago)
8/10 SCORESUPPORT
In liability and compensation, providing for registration of status as independent contractor.
An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, in liability and compensation, providing for registration of status as independent contractor.
Status: S: Referred to Labor & Industry (Jun 24, 2025)
Assessment: This bill adds Section 304.3 to Pennsylvania's Workers' Compensation Act, creating a voluntary state registration system where a business can file with the department to document an individual's IC status — anchored to federal tax classification — and obtain a legal shield from workers' comp liability and coverage mandates for that individual. Once registered, your business is explicitly not liable for WC benefits and not required to carry coverage for that contractor, which directly protects the broker-carrier model where owner-operators are independent businesses, not employees. The bill also includes anti-coercion guardrails (no incentives or deception to obtain waivers) and preserves revocability by the contractor at any time, making it a balanced safe harbor rather than a one-sided waiver scheme.
Recommended action: Logistics brokers and carriers contracting with owner-operators in Pennsylvania should actively support this bill, as it creates a formal registration mechanism that shields hiring parties from workers' compensation liability for properly registered independent contractors.
Last action: Jun 24, 2026 (107 days ago)
7/10 SCOREOPPOSE
Providing for employer disclosure when employee layoffs occur due to an employer's use of artificial intelligence or other technological change; and imposing civil penalties.
An Act providing for employer disclosure when employee layoffs occur due to an employer's use of artificial intelligence or other technological change; and imposing civil penalties.
Status: H: Referred to Labor & Industry (Jun 24, 2026)
Assessment: The bill's definition of 'employ' incorporates a three-prong ABC test — requiring that a worker be free from control, perform work outside the usual course of business, AND be engaged in an independently established trade — meaning your owner-operators could be deemed employees if any single prong fails. While the bill's primary purpose is AI-related layoff disclosure triggered by WARN Act notices, the ABC test definition applies to all workers covered by the act and establishes a precedent for reclassification in Pennsylvania. The civil penalty structure ($500–$5,000 per day) compounds the compliance risk if the ABC standard is later enforced or cited in misclassification disputes involving your carrier relationships.
Recommended action: Logistics brokers should oppose this bill because it embeds an ABC test definition of 'employ' that would reclassify your owner-operators as employees under Pennsylvania law.
Last action: Mar 30, 2026 (193 days ago)
7/10 SCOREOPPOSE
Providing for legal protections from abusive work environments and for remedies.
An Act providing for legal protections from abusive work environments and for remedies.
Status: S: Referred to Labor & Industry (Mar 30, 2026)
Assessment: The bill's definition of 'employee' embeds a three-prong ABC test — requiring that a worker be free from control, perform work outside the usual course of business, AND be engaged in an independently established trade — meaning owner-operators who fail any single prong could be deemed employees for purposes of this act's liability and remedies. If an owner-operator is reclassified as your employee under this definition, your brokerage faces direct liability for abusive conduct claims, including punitive damages, emotional distress awards, and attorney fees, with a three-year statute of limitations. The broad definition of 'employer' — anyone who 'exercises control over the wages, hours or working conditions' of a worker — further expands exposure for brokers who set load terms, dispatch schedules, or payment conditions with carriers.
Recommended action: Logistics brokers should oppose this bill because its ABC-test definition of 'employee' could expose broker arrangements with owner-operators to reclassification claims under Pennsylvania's new workplace bullying liability framework.
Last action: Sep 2, 2025 (402 days ago)
6/10 SCOREOPPOSE
Providing for regulations for employers to protect employees from heat-related injury or heat-related illness caused by heat stress; imposing duties on the Department of Labor and Industry and the Secretary of Labor and Industry; establishing the Heat Protection Enforcement Fund; and imposing penalties.
An Act providing for regulations for employers to protect employees from heat-related injury or heat-related illness caused by heat stress; imposing duties on the Department of Labor and Industry and the Secretary of Labor and Industry; establishing the Heat Protection Enforcement Fund; and imposing penalties.
Status: H: Referred to Labor & Industry (Sep 02, 2025)
Assessment: This bill embeds a three-prong ABC test directly into the definition of 'employ,' meaning any worker who fails all three prongs — free from control, performs work outside the usual course of business, and is customarily engaged in an independent trade — is classified as an employee subject to these heat protection mandates. For logistics brokers, owner-operators dispatched to your shipper customers' facilities or your own dock operations could be swept in under this test, particularly if a regulator argues their work is within the usual course of your brokerage business. While the primary compliance burden falls on employers operating worksites, the ABC classification standard embedded here creates a precedent and enforcement risk that directly threatens your independent contractor arrangements in Pennsylvania.
Recommended action: Engage with the PA legislative process to clarify that independent contractors are excluded from coverage, and monitor how the embedded ABC test in the 'employ' definition is interpreted and enforced.
Last action: Jun 18, 2025 (478 days ago)
6/10 SCOREOPPOSE
Providing for interagency cooperation regarding employee misclassification; and establishing the Employee Misclassification Working Group.
An Act providing for interagency cooperation regarding employee misclassification; and establishing the Employee Misclassification Working Group.
Status: H: Re-reported as committed / Third consideration and final passage (108-95) (Jun 11, 2025) · S: Referred to Labor & Industry (Jun 18, 2025)
Assessment: This bill creates a formal interagency coordination structure — linking the Department of Labor and Industry, Department of Revenue, and Attorney General — specifically to pursue employee misclassification enforcement, including data-sharing of state tax records for cross-matching compliance. While it does not itself establish a new classification test or impose direct penalties, it builds the enforcement infrastructure that makes misclassification audits faster and more coordinated across agencies. For logistics brokers using Pennsylvania-based owner-operators, this increases the real-world risk that routine IC arrangements get flagged through automated crossmatches and referred for investigation.
Recommended action: Engage with the PA legislature to monitor whether this working group evolves into active enforcement targeting transportation contractors and to ensure industry representation in any resulting enforcement strategies.
Rhode Island (RI) — 2 bills SESSION ENDED · Jun 11
Last action: Mar 5, 2026 (218 days ago)
7/10 SCORESUPPORT
Establishes a voluntary portable benefit plan for independent contractors.
LABOR AND LABOR RELATIONS -- PORTABLE BENEFIT PLAN - Establishes a voluntary portable benefit plan for independent contractors.
Status: H: Committee recommended measure be held for further study (Mar 05, 2026)
Assessment: This bill creates a voluntary portable benefit plan framework with two direct protections for your business: contributions to these plans cannot be used as a classification criterion, and a court cannot treat a hiring party's contribution as evidence of an employment relationship for workers' compensation, employment security, or any Title 28 purpose. That statutory firewall means you could offer or participate in portable benefit arrangements for owner-operators without creating reclassification exposure under Rhode Island law. The bill died in the 2026 session when the legislature adjourned early, so no immediate action is required, but it merits support if reintroduced.
Recommended action: Logistics brokers operating in Rhode Island should support this bill and urge its advancement in any future session, as it explicitly protects IC arrangements by prohibiting contributions to portable benefit plans from being used as evidence of an employment relationship.
Last action: May 29, 2026 (133 days ago)
6/10 SCOREOPPOSE
Protects bullying/psychological abuse in workplace inflicted upon employees by employers/co-employees/provides civil remedies to affected employees/fines against employers/imprisonment/fines against co-employees.
LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL SAFETY ACT - Protects bullying/psychological abuse in workplace inflicted upon employees by employers/co-employees/provides civil remedies to affected employees/fines against employers/imprisonment/fines against co-employees.
Status: H: Referred to House Labor (May 29, 2026) · S: Senate read and passed (May 28, 2026)
Assessment: This bill explicitly defines 'employee' to include independent contractors, meaning your owner-operator contracts fall within its scope — and it flatly prohibits requiring arbitration as a condition of employment or complaint filing, directly threatening the enforceability of arbitration clauses in your carrier agreements. If an owner-operator claims workplace bullying under this act, you cannot compel arbitration, exposing your business to civil litigation with compensatory damages, punitive damages, attorney's fees, and injunctive relief up to $15,000 per violation. The session ended June 11, 2026 without passage, but the arbitration ban and broad IC-inclusive definition make this a bill to monitor if reintroduced.
Recommended action: Logistics brokers using independent contractors in Rhode Island should oppose this bill's arbitration prohibition, which bans mandatory arbitration as a condition of employment or filing a complaint and would void pre-dispute arbitration clauses in contracts with owner-operators classified as 'employees' under this act's broad definition.
Tennessee (TN) — 4 bills SESSION ENDED · Apr 23
Last action: Jun 18, 2026 (113 days ago)
6/10 SCOREENACTED
AN ACT to amend Tennessee Code Annotated, Title 55 and Title 65, Chapter 15, relative to commercial driver licenses.
As enacted, revises law relative to out-of-service orders issued to commercial drivers and related penalties. - Amends TCA Title 55 and Title 65, Chapter 15.
Status: H: Comp. SB subst. / Sponsor(s) Added. (Apr 20, 2026)
Assessment: This bill empowers Tennessee enforcement officers to issue out-of-service orders grounding both the driver and the vehicle when a commercial driver cannot meet the English language proficiency standard under 49 CFR 391.11(b)(2), and separately suspends the driver's CDL until a state-administered proficiency test is passed. The critical exposure for your business is Section 65-15-111(g)(3) and Section 55-50-405(j)(4), which make the driver's 'employer' liable for the $500 misdemeanor fine, civil penalties under 49 CFR 383.53(b)(2), and any CDL reinstatement fees — if a broker is deemed the employer of an owner-operator under a dispatch arrangement, you could absorb those costs and face a vehicle immobilized mid-load. The operational risk of an out-of-service order grounding an entire truck until a substitute driver arrives is a direct freight disruption cost you should factor into your carrier vetting and contract language.
Last action: Jun 18, 2026 (113 days ago)
6/10 SCOREENACTED
AN ACT to amend Tennessee Code Annotated, Title 55 and Title 65, Chapter 15, relative to commercial driver licenses.
As enacted, revises law relative to out-of-service orders issued to commercial drivers and related penalties. - Amends TCA Title 55 and Title 65, Chapter 15.
Status: H: Signed by H. Speaker (May 07, 2026) · S: Signed by Governor. (May 22, 2026)
Assessment: This bill creates stop-work authority for enforcement officers who determine a CDL driver lacks sufficient English language proficiency under 49 CFR 391.11(b)(2) — the officer issues an out-of-service order that immobilizes the vehicle until a compliant substitute driver arrives. The critical exposure for your business is Section 3(g)(3), which makes the Class C misdemeanor citation and the $500 fine — plus federal civil penalties under 49 CFR 383.53(b)(2) — the liability of the driver's 'employer,' and Section 2(j)(4) similarly assigns CDL suspension fines to the employer; if Tennessee courts or regulators interpret 'employer' broadly to include brokers who dispatch or arrange loads for owner-operators, your company could face direct financial and criminal exposure. The bill takes effect January 1, 2027, giving you time to audit your carrier vetting processes and ensure contracted drivers meet English proficiency standards before enforcement begins.
Last action: Feb 5, 2026 (246 days ago)
6/10 SCOREOPPOSE
AN ACT to amend Tennessee Code Annotated, Title 29 and Title 39, relative to criminal offenses.
As introduced, creates the new criminal offenses of systematic unauthorized employment and aggravated systematic unauthorized employment; establishes the tort of unfair competition. - Amends TCA Title 29 and Title 39.
Status: H: P2C, ref. to Commerce Committee - Judiciary Committee / Assigned to s/c Banking & Consumer Affairs Subcommittee (Feb 05, 2026)
Assessment: This bill creates felony liability for anyone who 'misclassifies a worker as an independent contractor rather than an employee with intent to evade employment verification requirements' or who 'knowingly uses or contracts with an independent contractor or subcontractor whose business is substantially reliant on unauthorized labor' — both provisions directly implicate broker-carrier relationships. The joint and several liability clause in §39-13-317(d)(2) is especially dangerous: if a carrier you contract with is found to employ unauthorized workers, your brokerage could face shared restitution liability covering unpaid wages, taxes, workers' comp premiums, and competitor damages. The bill is primarily aimed at construction and labor trafficking, but the broad definitions of 'employer' and independent contractor misclassification, combined with joint liability up the contracting chain, create real exposure for freight brokers who contract with owner-operators or small carriers.
Recommended action: Logistics brokers should monitor this bill and engage with Tennessee legislators to clarify that legitimate broker-carrier IC arrangements are not swept into the 'misclassification scheme' or 'substantially reliant on unauthorized labor' provisions.
Last action: Feb 5, 2026 (246 days ago)
6/10 SCOREOPPOSE
AN ACT to amend Tennessee Code Annotated, Title 29 and Title 39, relative to criminal offenses.
As introduced, creates the new criminal offenses of systematic unauthorized employment and aggravated systematic unauthorized employment; establishes the tort of unfair competition. - Amends TCA Title 29 and Title 39.
Status: S: Passed on Second Consideration, refer to Senate Judiciary Committee (Feb 05, 2026)
Assessment: This bill creates criminal liability — including felony charges — for any employer or officer who 'knowingly uses or contracts with an independent contractor or subcontractor whose business is substantially reliant on unauthorized labor,' a standard that could sweep in freight brokers who contract with owner-operators or small carriers without direct visibility into their workforce composition. The joint-and-several restitution provision makes brokers and carriers co-liable for unpaid wages, taxes, workers' comp premiums, and competitor damages tied to any shared project or work. The misclassification provision — criminalizing reclassification of workers as independent contractors to evade verification requirements — adds a secondary exposure point if any owner-operator arrangement is later scrutinized under an I-9 or payroll reporting audit.
Recommended action: Logistics brokers operating in Tennessee should monitor this bill and engage counsel to assess exposure under the joint-and-several liability and 'knowingly uses an independent contractor whose business is substantially reliant on unauthorized labor' provisions.
Texas (TX) — 2 bills NO REGULAR SESSION
Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions.
Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions.
Status: H: Read first time / Referred to s/c on Workforce by Speaker (Feb 28, 2025) · S: Read first time / Referred to Economic Development (Feb 03, 2025)
Assessment: Section 21.1061(d) is the highest-priority provision for your operations: it voids and renders unenforceable any mandatory arbitration agreement — including those in owner-operator contracts — to the extent the agreement 'limits' an employee's or contractor's reproductive decisions, and it applies retroactively to agreements already in force. The phrase 'limits reproductive decisions' is undefined, creating litigation risk where a claimant argues that any arbitration clause touching a reproductive discrimination dispute is void, effectively opening the door to class actions against brokers and carriers who rely on arbitration to manage dispute exposure. Note that Texas holds no regular legislative session in even-numbered years, so this bill requires a gubernatorial special session to advance in 2026.
Recommended action: Logistics brokers and carriers that use arbitration agreements with owner-operators or employees should monitor this bill and oppose Section 21.1061(d), which voids mandatory arbitration agreements that 'limit reproductive decisions' — a broad and undefined standard that could be weaponized to invalidate arbitration clauses in contractor and employment agreements.
Last action: Mar 11, 2025 (577 days ago)
5/10 SCORENEUTRAL
Relating to employment practices of governmental entities, state contractors, and private employers in this state regarding the legal status of employees, including requiring participation in the federal electronic verification of employment authorization program, or E-verify program, and authorizing the suspension of certain licenses held by private employers for certain conduct in relation to the employment of persons not lawfully present; providing an administrative penalty.
Relating to employment practices of governmental entities, state contractors, and private employers in this state regarding the legal status of employees, including requiring participation in the federal electronic verification of employment authorization program, or E-verify program, and authorizing the suspension of certain licenses held by private employers for certain conduct in relation to the employment of persons not lawfully present; providing an administrative penalty.
Status: H: Read first time / Referred to State Affairs (Mar 11, 2025)
Assessment: This bill mandates E-Verify participation for all Texas private employers and creates a Texas Workforce Commission enforcement division empowered to investigate violations, impose $5,000-per-violation penalties, and trigger license suspension through state licensing agencies under Sec. 53.004. The direct compliance burden for logistics brokers is the E-Verify registration requirement for any employees you hire — but the anti-evasion clause in Sec. 53.002, which prohibits reclassifying workers as independent contractors 'solely to avoid' the chapter's requirements, could invite scrutiny of your owner-operator arrangements if enforcement agencies interpret it broadly. TX has no regular 2026 session, so advancement requires a gubernatorial special session, limiting near-term risk.
Recommended action: Monitor implementation rules closely, particularly the anti-evasion provision in Sec. 53.002 and the license-suspension enforcement mechanism, to ensure your contractor classification practices are not inadvertently swept in.
United States Congress (US) — 36 bills
SB5190 / HB9995
Last action: Jul 30, 2026 (71 days ago)
9/10 SCOREOPPOSE
Restoring Justice for Workers Act
A bill to prohibit forced arbitration in work disputes, and for other purposes.
Status: H: Introduced in House / Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Jul 30, 2026) · S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jul 30, 2026)
Assessment: This bill explicitly defines 'worker' to include independent contractors regardless of label or classification, meaning your owner-operator agreements fall squarely within its scope — it voids all predispute arbitration clauses and class action waivers in those contracts, stripping brokers of the primary tools used to manage dispute risk. Section 502 renders predispute arbitration agreements and joint-action waivers unenforceable across all work relationships, opening brokers and carriers to class and collective actions in federal court with fee-shifting provisions. Passage is unlikely under the current Republican Congress, but the bill signals an aggressive legislative posture that could move quickly if Democrats take either chamber in the midterms.
Recommended action: Brokers should oppose this bill and engage trade associations to communicate how invalidating predispute arbitration agreements and class action waivers in owner-operator contracts exposes freight brokers to costly litigation and collective claims.
Last action: Mar 5, 2025 (583 days ago)
9/10 SCOREOPPOSE
Richard L. Trumka Protecting the Right to Organize Act of 2025
To amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes.
Status: H: Introduced in House / Referred to the House Committee on Education and Workforce. (Mar 05, 2025)
Assessment: This bill codifies an ABC test under the NLRA, meaning your owner-operators can only be classified as independent contractors if they meet all three prongs — including that their service falls outside the usual course of your business, a standard freight hauling almost certainly fails. Separately, the joint employer provision adds indirect control, reserved control, and de facto control as sufficient bases for employer liability, exposing brokers to NLRA obligations for carrier labor practices even without direct supervision. While Republicans control Congress and the White House making passage unlikely in the 119th Congress, this bill represents the legislative baseline Democrats will push if they retake either chamber after 2026 midterms.
Recommended action: Engage industry associations to oppose this bill and urge Congress to reject the ABC test classification standard and expanded joint employer provisions that would directly threaten your independent contractor model.
Last action: Mar 5, 2025 (583 days ago)
9/10 SCOREOPPOSE
Richard L. Trumka Protecting the Right to Organize Act of 2025
A bill to amend the National Labor Relations Act, the Labor Management Relations Act, 1947, and the Labor-Management Reporting and Disclosure Act of 1959, and for other purposes.
Status: S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Mar 05, 2025)
Assessment: This bill imposes a strict ABC test under the NLRA — all three prongs must be satisfied for a worker to qualify as an independent contractor — meaning your owner-operators would presumptively be classified as employees unless you can prove the work falls outside your usual course of business, a near-impossible standard for freight brokerage. It also codifies an expansive joint employer standard under which indirect or reserved control alone can establish employer liability, directly exposing brokers to NLRA obligations for carriers and owner-operators you contract with. Additionally, the bill voids pre-dispute class action waivers notwithstanding the FAA, stripping brokers of a critical contractual protection against collective wage and labor claims from drivers. Passage is unlikely under current Republican-controlled Congress, but this bill warrants close monitoring given the Democratic legislative trajectory signaled by the state context.
Recommended action: Brokers should oppose this bill and support industry associations actively lobbying against it, as it would directly threaten the independent contractor model and expose brokers to joint employer liability under the NLRA.
Last action: Mar 5, 2026 (218 days ago)
8/10 SCORESUPPORT
21st Century Worker Act
A bill to clarify the classification of service provider payees as employees or independent contractors in Federal law.
Status: S: Read twice and referred to the Committee on Finance. (Mar 05, 2026)
Assessment: This bill establishes a federal bifurcated classification framework that would mandate IC status for workers meeting any one of six safe-harbor categories — including being a business entity, a bona fide sole proprietor (non-exclusive written contract, no substantial economic relationship), or a formal bona fide contractor (non-exclusive, written contract, unreimbursed expenses exceeding 5% of compensation) — all of which describe how most owner-operators engage with brokers today. The mandatory employee trigger requires a 'substantial economic relationship' defined by time-based pay exceeding 75%, employer-set hours, and substantially full-time work for 4+ consecutive weeks — conditions that standard broker-carrier arrangements are specifically structured to avoid. However, Congress is currently out of session and political headwinds make passage before a likely Democratic chamber gain in 2027 very uncertain, so monitor for reintroduction rather than expecting near-term enactment.
Recommended action: Logistics brokers should engage with supporters of this bill and urge passage, as it would lock in federal IC protections for owner-operators who qualify as business entities, bona fide sole proprietors, or formal bona fide contractors — directly shielding broker-carrier arrangements from reclassification.
Last action: Feb 20, 2026 (231 days ago)
8/10 SCORESUPPORT
Modern Worker Empowerment Act
To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.
Status: H: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-505. / Placed on the Union Calendar, Calendar No. 431. (Feb 20, 2026)
Assessment: This bill inserts a two-prong behavioral-control and entrepreneurial-risk test directly into the FLSA and imports that same standard into the NLRA — explicitly replacing economic-realities and ABC-style analysis under both statutes. Critically, it prohibits regulators from using insurance requirements, safety standards, legal compliance mandates, or performance deadlines as evidence of employment status, which directly shields your broker-carrier contracts from the most common misclassification attack vectors. Passage would significantly reduce your reclassification exposure under both federal wage law and labor law, but with Congress out until after midterms and Democratic gains likely, this bill faces a tight and uncertain legislative window.
Recommended action: Engage your industry associations to back this bill and urge advancement before the current Congress ends, as the political window for passage is narrow.
Last action: Oct 8, 2025 (366 days ago)
8/10 SCORESUPPORT
Employee Rights Act
A bill to reform the labor laws of the United States, and for other purposes.
Status: S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Oct 08, 2025)
Assessment: Section 5 of this bill establishes a two-prong control-based IC test under the FLSA: an individual is an independent contractor if the hiring party does not exercise significant control over work details and the worker bears entrepreneurial risk — and critically, it explicitly prohibits using insurance requirements, safety standards, regulatory compliance mandates, or performance deadlines as factors favoring employee status, all of which are routine in owner-operator contracts. The bill also imports this same standard into the NLRA and adds a restrictive joint employer definition requiring direct, actual, and immediate control over essential employment terms — meaning brokers who arrange freight through carriers cannot be swept into joint employer liability simply by setting delivery standards or requiring DOT compliance. Passage would materially reduce your misclassification exposure under federal labor law, though the political context — a narrow Republican majority with likely Democratic gains after midterms — makes enactment uncertain, so monitor for movement before the new Congress is seated.
Recommended action: Logistics brokers should actively support this bill and engage their congressional representatives, as it would codify a control-based IC test and restrict joint employer liability under both the FLSA and NLRA — directly protecting broker-carrier relationships.
Last action: Sep 15, 2025 (389 days ago)
8/10 SCOREOPPOSE
Forced Arbitration Injustice Repeal Act
A bill to amend title 9 of the United States Code with respect to arbitration.
Status: S: Read twice and referred to the Committee on the Judiciary. (Sep 15, 2025)
Assessment: This bill would void all predispute arbitration agreements and joint-action waivers in 'employment disputes' — defined explicitly to include disputes with independent contractors regardless of classification — meaning your broker-carrier agreements could no longer require arbitration or waive class actions for any work-related dispute. The bill also strips the FAA Section 1 transportation worker exemption language and replaces it with broader individual coverage, eliminating a key jurisdictional argument brokers have used. Passage likelihood is low given the Republican-controlled Congress and the bill's all-Democrat sponsorship, but it warrants active monitoring given the existential threat it poses to arbitration clauses in your owner-operator contracts.
Recommended action: Brokers should engage industry associations to oppose this bill, as it would invalidate arbitration clauses and class action waivers in owner-operator contracts, exposing your business to costly collective litigation.
Last action: Sep 15, 2025 (389 days ago)
8/10 SCOREOPPOSE
FAIR Act of 2025 Forced Arbitration Injustice Repeal Act of 2025
To amend title 9 of the United States Code with respect to arbitration.
Status: H: Introduced in House / Referred to the House Committee on the Judiciary. (Sep 15, 2025)
Assessment: This bill invalidates all predispute arbitration agreements and predispute joint-action waivers covering 'employment disputes' — and the definition of employment dispute explicitly includes independent contractors, covering disputes 'regardless of whether the individual is or would be classified as an employee or an independent contractor.' That language directly captures broker-to-owner-operator contracts, stripping you of the ability to require arbitration or waive class actions before a dispute arises. A conforming amendment also expands the FAA Section 1 transportation worker exemption to cover all individuals 'regardless of whether designated as employees or independent contractors,' further eroding FAA protections for your arbitration clauses. Passage would expose brokers to class action litigation from owner-operators on payment, classification, and contract disputes with no predispute arbitration shield. Passage is unlikely given the current Republican-controlled Congress and the Democratic sponsorship of this bill, but it warrants monitoring if the political landscape shifts after the midterms.
Recommended action: Brokers should oppose this bill and support industry coalition efforts to defeat it, as it would void the predispute arbitration clauses and class action waivers in your owner-operator and carrier contracts.
Last action: Jun 26, 2025 (470 days ago)
8/10 SCORESUPPORT
Employee Rights Act
To reform the labor laws of the United States, and for other purposes.
Status: H: Introduced in House / Referred to the Committee on Education and Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Jun 26, 2025)
Assessment: Section 5 is the critical provision for your business: it establishes a behavioral-control test under both the FLSA and NLRA — an individual is an independent contractor if the hiring party doesn't exercise significant control over the details of how work is performed and the worker bears entrepreneurial risk. Crucially, it also enumerates factors that cannot be used to establish employment status, including requiring workers to carry insurance or comply with contractually agreed performance standards like deadlines — conditions central to every broker-carrier contract. The bill also codifies a narrow joint employer standard under both the NLRA and FLSA, requiring direct, actual, and immediate control over essential employment terms — which shields brokers from liability for carrier labor practices. The political context limits near-term passage odds, but if Democrats take either chamber after midterms, this bill likely stalls, making current-session advocacy the priority window.
Recommended action: Logistics brokers should actively support this bill and urge their Congressional contacts to advance it, as it directly protects the independent contractor model your business depends on.
Last action: Jan 3, 2025 (644 days ago)
8/10 SCORESUPPORT
Protect the Gig Economy Act of 2025
To amend Rule 23 of the Federal Rules of Civil Procedure to protect the "gig economy" and small businesses that operate in large part through contractor services from the threat of costly class action litigation, and for other purposes.
Status: H: Introduced in House / Referred to the House Committee on the Judiciary. (Jan 03, 2025)
Assessment: This bill amends Rule 23(a) of the Federal Rules of Civil Procedure to add a fifth prerequisite for class certification — that the claim does not allege misclassification of employees as independent contractors — which would effectively bar plaintiffs from certifying class actions based on IC misclassification claims against your business. For logistics brokers, this is a direct shield against the most financially devastating litigation threat you face: coordinated class suits by owner-operators alleging they should be reclassified as employees, which can expose you to retroactive wage, benefit, and tax liability across your entire contractor network. Passage is uncertain given the congressional calendar and likely Democratic gains after the midterms, so monitor this closely but do not count on it moving before the new Congress.
Recommended action: Brokers should support this bill and urge their industry associations to advocate for its passage, as it would eliminate class action misclassification suits that are among the costliest legal threats to the broker-carrier independent contractor model.
Last action: Jun 2, 2026 (129 days ago)
7/10 SCOREOPPOSE
Gig Is Up Act
To amend the Internal Revenue Code of 1986 to require payroll tax withholding on independent contractors of certain large businesses.
Status: H: Introduced in House / Referred to the House Committee on Ways and Means. (Jun 02, 2026)
Assessment: This bill requires any business with $100M+ in gross receipts and 10,000+ individual contractors to treat all contractor payments as wages for FICA withholding purposes — and doubles the employer-side FICA rate under Section 3111, creating a punishing payroll tax cost on top of existing 1099 obligations. Large freight brokers and carriers operating at scale would face significant new tax compliance burdens and dramatically higher labor costs on every owner-operator payment without any corresponding employment relationship being established. The bill is a Democrat-sponsored measure in committee with no realistic path to passage under the current Republican-controlled Congress, but warrants monitoring given its direct financial threat to high-volume broker operations.
Recommended action: Brokers meeting the $100M gross receipts and 10,000-contractor thresholds should engage with industry associations to oppose this bill, as it would impose payroll tax withholding obligations and doubled FICA rates on payments to owner-operators without reclassifying them as employees.
Last action: Apr 9, 2026 (183 days ago)
7/10 SCOREOPPOSE
Fair Compensation for Truck Crash Victims Act
To increase the minimum levels of financial responsibility for transporting property, and to index future increases to changes in inflation relating to medical care.
Status: H: Introduced in House / Referred to the House Committee on Transportation and Infrastructure. (Apr 09, 2026)
Assessment: This bill amends 49 U.S.C. § 31139(b) to raise the minimum financial responsibility threshold for property-carrying motor carriers from $750,000 to $5,000,000 — a 567% increase — with a mandatory quinquennial inflation adjustment tied to medical care costs, meaning the floor will continue rising automatically. For brokers, this translates directly into higher carrier operating costs that will be passed through in rates, reduced availability of smaller owner-operators who cannot afford the increased premiums, and potential market consolidation that limits your carrier options. The bill is introduced by Democrats in a Republican-controlled Congress with low odds of passage, but it warrants monitoring given its direct impact on carrier insurance economics and the likelihood it resurfaces if Democrats gain a chamber.
Recommended action: Brokers should engage industry associations to oppose this bill, as it would force carriers in your network to carry more than six times the current minimum liability insurance, dramatically increasing their operating costs and shrinking your available carrier pool.
Last action: Feb 20, 2026 (231 days ago)
7/10 SCORESUPPORT
Modern Worker Security Act
To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.
Status: H: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-506. / Placed on the Union Calendar, Calendar No. 432. (Feb 20, 2026)
Assessment: This bill directly protects your ability to offer portable benefits — such as health insurance contributions, paid leave, or retirement savings — to independent owner-operators without that generosity being used against you as evidence of an employment relationship under any federal law. The mechanism is a blanket exclusion: any portable benefit you provide is simply off the table as a classification factor, which eliminates a significant legal deterrent that currently discourages brokers from voluntarily supporting their contractor workforce. Passage is uncertain given the political context — the bill is in committee, Congress is in recess, and a likely Democratic gain in one or both chambers after midterms reduces its odds of advancing in the next session.
Recommended action: Logistics brokers should contact their federal representatives and industry associations to support this bill, as it removes a key risk that offering benefits to owner-operators triggers reclassification as employees.
Last action: Jan 13, 2026 (269 days ago)
7/10 SCORESUPPORT
Save Local Business Act
To clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.
Status: H: Rule H. Res. 988 passed House. (Jan 13, 2026)
Assessment: This bill amends both the NLRA and FLSA to require that joint employer status can only be found when a company directly, actually, and immediately exercises significant control over essential employment terms — explicitly ruling out indirect or reserved-but-unexercised control as a basis for liability. For logistics brokers, this is a meaningful protection: under the current regulatory environment, broad joint employer standards have created risk that broker oversight of carrier performance could be construed as control over drivers, exposing your business to labor liability for a workforce you don't employ. Passage prospects are uncertain given the state context — a narrow Republican window before potential Democratic gains in 2026 — so monitor committee progress closely and prioritize engagement now.
Recommended action: Brokers should support this bill and urge their trade associations to advocate for its passage, as it directly limits the conditions under which a broker could be held liable as a joint employer of a carrier's drivers.
Last action: Dec 3, 2025 (310 days ago)
7/10 SCOREOPPOSE
No Robot Bosses Act
To prohibit certain uses of automated decision systems by employers, and for other purposes.
Status: H: Introduced in House / Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Dec 03, 2025)
Assessment: The No Robot Bosses Act broadly defines 'covered individual' to include any person 'performing work for remuneration' — language that could sweep in owner-operators and independent contractor drivers your brokerage dispatches or manages through algorithmic load-matching or performance-scoring platforms. The bill prohibits pre-dispute arbitration agreements and class-action waivers for any dispute arising under its provisions, directly threatening the enforceability of arbitration clauses you rely on in broker-carrier and IC contracts. Although this is a Democrat-sponsored bill with low passage probability under current Republican majorities, the arbitration waiver provision and the broad worker definition make it a material watch item if the political landscape shifts after midterms.
Recommended action: Logistics brokers that use automated tools for dispatching, load matching, driver scoring, or contractor performance management should engage with trade associations to push back on the broad definition of 'covered individual' and the arbitration waiver prohibitions.
SB2488 / HB6646
Last action: Jul 28, 2025 (438 days ago)
7/10 SCOREOPPOSE
Empowering App-Based Workers Act
A bill to promote transparency and accountability in covered digital labor platform work, and for other purposes.
Status: H: Introduced in House / Referred to the House Committee on Education and Workforce. (Dec 11, 2025) · S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jul 28, 2025)
Assessment: This Democrat-sponsored Senate bill targets digital labor platforms with disclosure mandates on automated decision-making systems, algorithmic pay transparency requirements, and a 25% take-rate cap on ride-hail — mechanisms that could extend to freight load-matching and dispatch platforms used by brokers and carriers. The findings section explicitly frames algorithmic management as enabling independent contractor misclassification, signaling that enforcement follow-on legislation or regulatory action could use these disclosures to reclassify owner-operators who receive work through app-based dispatch tools. Given that Republicans control Congress and the bill is referred to HELP Committee with no companion House bill, passage before the midterms is extremely unlikely — but the disclosure and take-rate framework it establishes is worth monitoring as a template for future Democratic majority action.
Recommended action: Logistics brokers and carriers using app-based dispatch or load-matching platforms should track this bill closely and engage trade associations to push back on transparency mandates and take-rate caps that could be extended to freight platforms.
Last action: Jul 9, 2025 (457 days ago)
7/10 SCORESUPPORT
Modern Worker Empowerment Act
A bill to amend the Fair Labor Standards Act of 1938 to harmonize the definition of employee with the common law.
Status: S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jul 09, 2025)
Assessment: This bill amends the FLSA's definition of 'employee' to require classification be determined 'under the usual common law rules' — a behavioral-control test that focuses on whether the hiring party controls the details of the work, which is far more favorable to independent contractor arrangements than the multi-factor economic-realities test the DOL applied under its 2024 rule. For logistics brokers whose owner-operator relationships are currently vulnerable to economic-realities analysis, codifying a common law standard in the FLSA would create a more predictable and protective classification baseline. Passage prospects are limited near-term given Congress is out until after midterms and the political environment may shift against Republican-led legislation, but this is worth active monitoring and trade association support.
Recommended action: Engage your trade associations to support this bill, as it would lock a more favorable common law control test into the FLSA and reduce exposure to the broader economic-realities test used in recent DOL enforcement.
Last action: Jul 8, 2025 (458 days ago)
7/10 SCORESUPPORT
Unlocking Benefits for Independent Workers Act
A bill to ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person, and for other purposes.
Status: S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jul 08, 2025)
Assessment: This bill creates a federal safe harbor preventing portable benefits — including health, retirement, or other protections you offer to owner-operators — from being used as evidence of an employment relationship under any federal law. Today, brokers and carriers often avoid offering owner-operators any benefits precisely because doing so can be used against them in misclassification audits or litigation; this bill eliminates that risk. Passage odds are limited given the current legislative calendar and the likely shift in congressional control after midterms, so monitor for reintroduction in the 120th Congress.
Recommended action: Brokers should support this bill and urge their trade associations to advocate for its passage, as it directly protects your ability to offer benefits to owner-operators without triggering reclassification risk.
HB3495 RECENT ACTIVITY
Last action: Sep 30, 2026 (9 days ago)
5/10 SCORESUPPORT
Direct Seller and Real Estate Agent Harmonization Act
To amend the Fair Labor Standards Act of 1938 to clarify the definition of employee as it relates to direct sellers and real estate agents, and for other purposes.
Status: H: Supplemental report filed by the Committee on Education and Workforce, H. Rept. 119-494, Part II. (Sep 08, 2026)
Assessment: This bill amends the FLSA to explicitly exclude direct sellers and qualified real estate agents — as defined under IRC §3508(b) — from the definition of 'employee,' effectively enshrining their IC status under federal wage law. While owner-operators and freight carriers are not the targeted worker class, the mechanism matters: it demonstrates congressional willingness to carve statutory IC protections into the FLSA, a precedent that could support future transportation-specific exemptions. The bill has bipartisan sponsorship and Senate-side momentum heading into the lame-duck session, though passage before the new Congress is uncertain given the narrow Republican majorities and likely Democratic gains in 2026.
Recommended action: Brokers should monitor this bill and support its passage as a positive signal that Congress is open to codifying pro-IC classification standards under the FLSA.
HB10620 RECENT ACTIVITY
Last action: Sep 28, 2026 (11 days ago)
6/10 SCORENEUTRAL
Barron’s Law Trucking Safety and Accountability Act of 2026
To amend title 49, United States Code, to strengthen commercial motor vehicle safety and accountability requirements, prevent the operation of chameleon carriers, improve English language proficiency requirements, and for other purposes.
Status: H: Introduced in House / Referred to the House Committee on Transportation and Infrastructure. (Sep 28, 2026)
Assessment: The chameleon carrier definition in Section 4 explicitly names brokers and freight forwarders, meaning logistics brokers whose principals have prior revoked registrations or compliance history could face registration denial or criminal penalties up to $25,000 and one year imprisonment for operating under a new identity. Section 5 creates a $25,000–$100,000 civil penalty for motor carriers that knowingly contract with ineligible operators — which could reach brokers who arrange loads with drivers lacking valid CDLs under the new immigration or English proficiency requirements. Legislative prospects are weak given the bill was introduced days before Congress recessed and faces a likely post-midterm Democratic chamber pickup, so near-term passage risk is low.
Recommended action: Monitor for the chameleon carrier provisions, which explicitly include brokers in the definition and impose criminal penalties and registration denial for identity evasion — review your corporate structure and registration history for any exposure.
HB10459 RECENT ACTIVITY
Last action: Sep 16, 2026 (23 days ago)
6/10 SCOREOPPOSE
Patriotic Corporations of America Act of 2026
To amend titles 41 and 10, United States Code, to include new requirements for Federal contracts, and for other purposes.
Status: H: Introduced in House / Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Sep 16, 2026)
Assessment: The bill's most direct threat to your business is Section 4715(f), which defines 'employee' to include independent contractors for all labor requirements in the section — meaning owner-operators under federal contracts would be subject to a $15+ minimum wage floor, mandatory paid sick/family/vacation leave, health coverage requirements, and union neutrality agreements. If your company holds or pursues federal freight contracts, this provision alone could force de facto reclassification of your contracted carriers. The bill is a Democrat-sponsored wish list introduced late in a session where Republicans control both chambers and the presidency, giving it virtually no path to enactment in the current Congress — but the IC-inclusive employee definition is a model provision worth tracking if political control shifts after the midterms.
Recommended action: Logistics brokers and carriers that hold or seek federal contracts should oppose this bill because it explicitly defines 'employee' to include independent contractors, triggering minimum wage, paid leave, and benefits mandates that would directly upend owner-operator relationships on federally contracted freight.
Last action: Aug 6, 2026 (64 days ago)
6/10 SCOREOPPOSE
Protecting Independent Contractors from Discrimination Act of 2026
To amend title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008 to require that individuals who perform work for employers as independent contractors be treated as employees.
Status: H: Sponsor introductory remarks on measure. (CR E775) (Aug 06, 2026)
Assessment: This bill amends Title VII, ADEA, ADA, the Rehabilitation Act, GINA, and the FLSA's equal pay provision to treat independent contractors as employees for purposes of federal anti-discrimination law — meaning brokers could face EEOC charges and litigation if an owner-operator alleges a contracting decision was discriminatory based on race, age, disability, sex, or genetic information. While this does not reclassify contractors as employees for wage, tax, or benefits purposes, it eliminates the practical distinction between IC and employee relationships in the discrimination context, fundamentally changing how you must evaluate and document contracting decisions. Passage is unlikely given the current Republican-controlled Congress and the bill's referral to committee with no reported momentum, but a Democratic takeover of either chamber in 2027 could revive it.
Recommended action: Brokers should monitor this bill and oppose it through industry associations, as it would expose your business to discrimination liability for contracting decisions made with independent owner-operators.
Last action: Jul 28, 2026 (73 days ago)
6/10 SCORESUPPORT
SAFE Act Safety and Accountability in Freight Enforcement Act
A bill to require the Comptroller General of the United States to conduct a study on chameleon carriers in the United States and require the Administrator of the Federal Motor Carrier Safety Administration to plan, develop, and test an advanced automation tool to help enforcement personnel detect chameleon carrier applications under the registration process of the Department of Transportation, and for other purposes.
Status: S: Read twice and referred to the Committee on Commerce, Science, and Transportation. (Jul 28, 2026)
Assessment: This bill directs FMCSA to build an AI-driven screening tool that flags new USDOT number applications showing chameleon carrier characteristics — shared ownership, addresses, drivers, insurance continuity, and asset transfers — which targets bad actors who reincorporate to escape safety enforcement. For legitimate brokers, the primary risk is operational: the tool could incorrectly flag routine corporate restructurings, acquisitions, or affiliate arrangements, delaying or denying USDOT registration with only a 30-day correction window. On balance, the bill benefits compliant brokers by reducing exposure to unsafe carriers in your network, but your trade associations should engage during FMCSA's development phase to ensure the tool's detection criteria don't sweep in lawful business changes.
Recommended action: Brokers should support this bill's intent to screen out unsafe chameleon carriers while monitoring whether the automated flagging tool creates false-positive denials or compliance burdens for legitimate broker registrations.
Wage Theft Prevention and Wage Recovery Act
To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages, to authorize the Secretary of Labor to administer grants to prevent wage and hour violations, and for other purposes.
Status: H: Introduced in House / Referred to the House Committee on Education and Workforce. (Jun 25, 2026) · S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jun 24, 2026)
Assessment: This bill explicitly names independent contractor misclassification as a form of 'wage theft' in its findings, signaling that expanded FLSA enforcement — including increased civil penalties, longer statutes of limitations, and enhanced DOL audit authority — could be used to challenge your owner-operator arrangements. The bill strengthens penalties, mandatory paystub and disclosure requirements, and litigation tools that apply to covered 'employees,' and if DOL or plaintiffs' attorneys use this framework to reclassify your contracted carriers, your brokerage faces direct liability exposure. Passage under the current Republican-controlled Congress is unlikely given the all-Democratic sponsor list and the legislative calendar, but the misclassification language in the findings makes this worth tracking if political conditions shift.
Recommended action: Engage through industry associations to monitor for provisions that treat owner-operators as misclassified employees or extend FLSA enforcement mechanisms to broker-carrier arrangements.
Stop Spying Bosses Act
A bill to prohibit, or require disclosure of, the surveillance, monitoring, and collection of certain worker data by employers, and for other purposes.
Status: H: Introduced in House / Referred to the Committee on Education and Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Jun 23, 2026) · S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jun 18, 2026)
Assessment: This bill defines 'covered individual' broadly to include anyone performing work for remuneration — language that could sweep in owner-operators and independent carrier personnel — and would restrict employer collection and use of precise geolocation data, automated decision system outputs, and productivity monitoring, all of which are core tools brokers use to dispatch, track, and performance-manage freight movements. The bill also explicitly voids predispute arbitration agreements and joint-action waivers for covered disputes, which would undermine enforceability of arbitration clauses in broker-carrier contracts if owner-operators are deemed covered individuals. Passage is unlikely given Republican control of Congress and the Democratic sponsor list, but scope and arbitration provisions make this worth tracking.
Recommended action: Brokers should monitor this bill and engage industry associations to flag operational impacts on geolocation tracking and automated dispatch systems used to manage owner-operator fleets.
Last action: Jun 18, 2026 (113 days ago)
6/10 SCOREOPPOSE
No Robot Bosses Act
A bill to prohibit certain uses of automated decision systems by employers, and for other purposes.
Status: S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jun 18, 2026)
Assessment: This bill prohibits employers from using automated decision systems — broadly defined to include any AI, algorithm, or scoring software — to make adverse work actions without human review, and critically, it explicitly voids predispute arbitration agreements and class action waivers for any claims arising under this Act, threatening the enforceability of standard contractor dispute clauses your business relies on. The 'covered individual' definition sweeps in anyone performing work for remuneration, which could be interpreted to include owner-operators dispatched through algorithmic load-matching or scoring platforms you use. Passage is unlikely given the current Republican-controlled Congress and Democratic sponsorship from Markey, Sanders, and Warren, but if Democrats retake either chamber after midterms this bill or its components could resurface as a vehicle to attack algorithmic management tools common in freight brokerage.
Recommended action: Logistics brokers should monitor this bill and engage trade associations to oppose provisions that void arbitration agreements and class action waivers in contractor relationships, while tracking whether 'covered individual' definitions are interpreted to reach owner-operators.
SB3865 / HB7583
Last action: Feb 12, 2026 (239 days ago)
6/10 SCOREOPPOSE
BE HEARD in the Workplace Act Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act
A bill to prevent discrimination, including harassment, in employment.
Status: H: Introduced in House / Referred to the Committee on Education and Workforce, and in addition to the Committees on the Judiciary, House Administration, Oversight and Government Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Feb 13, 2026) · S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Feb 12, 2026)
Assessment: Section 301 extends federal anti-discrimination and harassment protections to independent contractors, meaning your owner-operators could bring EEOC claims directly against your brokerage — creating a new litigation exposure that doesn't exist today. Section 303 bans mandatory pre-dispute arbitration agreements for discrimination and harassment claims, which would invalidate arbitration clauses in your carrier contracts to the extent those disputes arise — opening the door to individual or class action suits. Introduced by Senate Democrats with no Republican co-sponsors and Congress out until after the midterms, this bill has minimal near-term passage probability but sets a template for future Democratic-majority action.
Recommended action: Engage with industry associations to oppose Section 303's mandatory arbitration ban and Section 301's extension of EEOC liability to broker-IC relationships.
Last action: Jan 13, 2026 (269 days ago)
6/10 SCORESUPPORT
Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) to amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ''tipped employee'', and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.
Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) to amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ''tipped employee'', and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.
Status: H: Considered as privileged matter. (consideration: CR H670-676) / DEBATE - The House proceeded with one hour of debate on H. Res. 988. / POSTPONED PROCEEDINGS - At the conclusion of debate on H. Res. 988, the Chair put the question on ordering the previous question and by voice vote, announced the ayes had prevailed. Ms. Leger Fernandez demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced. / Considered as unfinished business. (consideration: CR H67 (Jan 13, 2026)
Assessment: This is a procedural House Rule setting floor consideration for five underlying bills, the most significant of which for your business is H.R. 4366, which would clarify joint employer standards under both the NLRA and FLSA — a direct protection against brokers being held liable for carrier labor practices. The remaining FLSA bills address hours-worked definitions, overtime calculations, and tipped employee definitions, which have limited direct application to owner-operator arrangements but signal a broadly pro-employer legislative posture. Given that Congress is out until after midterms and Democrats are favored to flip at least one chamber, the practical likelihood of these bills becoming law before the next Congress is low — making passage in the remaining lame-duck window the only realistic path forward.
Recommended action: Brokers should support the underlying bills being scheduled for consideration — particularly H.R. 4366 on joint employer clarification — and urge Senate action, as these pro-employer measures face a narrowing legislative window.
Last action: Sep 18, 2025 (386 days ago)
6/10 SCOREOPPOSE
Predatory Truck Leasing Prevention Act of 2025
To amend title 49, United States Code, to prohibit the use of predatory commercial motor vehicle lease-purchase programs by certain motor carriers, and for other purposes.
Status: H: Referred to the Subcommittee on Highways and Transit. (Sep 18, 2025)
Assessment: This bill directs the Secretary of Transportation to define and prohibit 'predatory' lease-purchase programs within one year, using a definition that includes carrier control over driver work, compensation, and debt — language broad enough to capture many standard owner-operator lease arrangements used in the freight industry. The relief provision allowing drivers to void lease agreements the Secretary deems non-compliant creates retroactive financial exposure for carriers and, indirectly, brokers who depend on lease-purchase owner-operators for capacity. Introduced by a Democrat in a Republican-controlled Congress with very limited legislative runway, this bill is unlikely to pass in current form, but the rulemaking directive and the broad definitional language warrant monitoring as a potential template for future regulation.
Recommended action: Brokers and carriers that use lease-purchase programs to engage owner-operators should monitor rulemaking closely and engage DOT to ensure regulations target genuinely abusive practices without sweeping legitimate IC lease arrangements under a broad 'predatory' definition.
Last action: Aug 5, 2025 (430 days ago)
6/10 SCOREOPPOSE
Warehouse Worker Protection Act
To establish protections for warehouse workers, and for other purposes.
Status: H: Introduced in House / Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Aug 05, 2025)
Assessment: This bill imposes quota transparency, disclosure, and anti-retaliation requirements on 'covered employers' at warehouse and distribution facilities — a definition that explicitly includes contractors, subcontractors, and independent contractors operating those facilities, which could rope in carrier or brokerage-affiliated distribution operations. Title II amends the NLRA and Title III mandates new OSHA ergonomic and injury standards, both of which add compliance cost and enforcement exposure for any logistics operation running fulfillment or last-mile distribution centers. The bill is primarily Democrat-sponsored in a Republican-controlled Congress and faces very low passage probability in the current session, but the broad 'covered employer' definition and NLRA amendments warrant monitoring if the political landscape shifts after midterms.
Recommended action: Logistics brokers and carriers operating warehouse or distribution facilities with 200+ employees should monitor this bill and engage trade associations to oppose quota disclosure mandates, anti-retaliation enforcement, and NLRA amendments that could affect contracted warehouse operations.
Last action: Jul 21, 2025 (445 days ago)
6/10 SCOREOPPOSE
AI Accountability and Personal Data Protection Act
A bill to establish a Federal tort relating to the appropriation, use, collection, processing, sale, or other exploitation of individuals' data without express, prior consent.
Status: S: Read twice and referred to the Committee on the Judiciary. (Jul 21, 2025)
Assessment: This bill creates a federal tort for unconsented data use and — critically for your business — explicitly voids predispute arbitration agreements and class action waivers for any claim arising under the Act, overriding the FAA entirely. Because brokers routinely collect, process, and share driver and shipment data (location, behavioral, device identifiers) with third-party platforms and partners, your operations could fall within the broad 'covered data' definition, exposing you to class action litigation you cannot push to arbitration. Passage appears unlikely given the current legislative calendar and anticipated post-midterm power shift, but the arbitration-nullification mechanism warrants active monitoring.
Recommended action: Brokers should monitor this bill and engage trade associations to oppose the arbitration-nullification provisions, which would void predispute arbitration agreements and class action waivers in any covered data claim — including claims arising from owner-operator contracts that involve data collection.
Last action: Sep 8, 2026 (31 days ago)
5/10 SCORESUPPORT
American Franchise Act
To preserve the franchise business model.
Status: H: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-802. / Placed on the Union Calendar, Calendar No. 702. (Sep 08, 2026)
Assessment: This bill amends both the NLRA and FLSA to restrict joint employer findings against franchisors to situations where they exercise 'substantial direct and immediate control' over essential employment terms — explicitly excluding brand standards, training materials, and operational guidelines from triggering liability. While the bill is scoped narrowly to franchisor-franchisee relationships and does not directly address logistics broker-carrier arrangements, the underlying legal framework — limiting joint employer exposure based on actual, direct control rather than indirect influence — mirrors the protections brokers need in their own contractor relationships. Given the current Republican trifecta and bipartisan sponsorship, the bill has some momentum, but the political context heading into midterms makes passage uncertain.
Recommended action: Logistics brokers should monitor this bill and express support, as its joint employer liability restrictions under the NLRA and FLSA establish a precedent for limiting control-based liability that could benefit broker-carrier arrangements if extended beyond franchising.
Last action: Jun 18, 2026 (113 days ago)
5/10 SCORESUPPORT
GHOSTRUCK Act Guarding Hours-of-Service Oversight and Stopping Tampering by Remote Unofficial Carrier Keeper Act
To amend title 49, United States Code, to authorize employees or authorized agents to edit or annotate electronic logging device records as long as such employee or agent is physically located in North America and the edit or annotation is subject to driver approval, and for other purposes.
Status: H: Introduced in House / Referred to the House Committee on Transportation and Infrastructure. (Jun 18, 2026)
Assessment: This bill amends 49 U.S.C. § 31137(b) to explicitly authorize motor carrier employees or authorized agents to edit or annotate ELD records, provided the editor is physically located in North America and the driver retains approval authority over any change. For brokers, this is a practical operational clarification: it addresses concerns about offshore ELD record management and establishes a clear geographic and consent-based guardrail that your carrier partners must follow. The legislative outlook is uncertain — introduced by Republicans in June 2026 with Congress out until after midterms and a likely shift in chamber control — so passage before the 119th Congress expires is unlikely, but the bill is worth monitoring as it could resurface.
Recommended action: Brokers should support this bill as it clarifies that motor carriers can have employees or agents edit ELD records from within North America with driver approval, reducing regulatory ambiguity that could otherwise expose carriers — and by extension brokers — to compliance risk.
Ending Forced Arbitration of Race Discrimination Act of 2025
To amend title 9, United States Code, with respect to arbitration of disputes involving race discrimination.
Status: H: Introduced in House / Referred to the House Committee on the Judiciary. (Nov 20, 2025) · S: Read twice and referred to the Committee on the Judiciary. (Nov 20, 2025)
Assessment: This bill adds Chapter 5 to the Federal Arbitration Act, rendering predispute arbitration agreements and joint-action (class) waivers unenforceable at the claimant's election in any race, color, or national origin discrimination dispute — the same EFAA-style mechanism used in the 2022 sexual harassment arbitration ban, now extended to a far broader category of claims. If an owner-operator or carrier asserts a race discrimination claim arising from a contract dispute, your arbitration clause and class action waiver become void, exposing your business to class or collective litigation. The bill is a Democratic-sponsored measure in a Republican-controlled Congress with very limited floor time remaining, making passage unlikely in the near term, but the EFAA precedent makes this a credible long-term threat worth tracking.
Recommended action: Brokers should monitor this bill and oppose it if it advances, as it would invalidate arbitration clauses and class action waivers in owner-operator contracts whenever a race discrimination claim is asserted.
Protecting Older Americans Act of 2025
A bill to amend title 9 of the United States Code with respect to arbitration of disputes involving age discrimination.
Status: H: Introduced in House / Referred to the House Committee on the Judiciary. (Sep 03, 2025) · S: Read twice and referred to the Committee on the Judiciary. (Sep 03, 2025)
Assessment: This bill amends Title 9 of the U.S. Code to void predispute arbitration agreements and class/collective action waivers — at the claimant's election — in any age discrimination dispute involving workers 40 or older under federal, tribal, or state law. For logistics brokers, this means arbitration clauses in owner-operator agreements could be rendered unenforceable if an IC driver (who is 40+) raises an age discrimination claim, opening the door to class or collective litigation. The bill is narrower in scope than a broad EFAA-style arbitration ban and has bipartisan sponsorship but faces a difficult legislative path given the current congressional calendar and likely post-midterm shift in House or Senate control.
Recommended action: Brokers should monitor this bill and oppose its expansion, as it invalidates predispute arbitration agreements and joint-action waivers in age discrimination claims, threatening the enforceability of arbitration clauses in owner-operator and carrier contracts.
Last action: Jul 31, 2025 (435 days ago)
5/10 SCORENEUTRAL
Warehouse Worker Protection Act
A bill to establish protections for warehouse workers, and for other purposes.
Status: S: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Jul 31, 2025)
Assessment: This bill targets warehouse workers subject to productivity quotas at large facilities (200+ employees), and its definition of 'covered employer' explicitly includes contractors, subcontractors, and independent contractors — meaning if your business or a carrier you contract with operates at a qualifying warehouse facility, you could face disclosure, data-sharing, and anti-retaliation compliance obligations. The NLRA amendments and new OSHA ergonomic standards in Titles II and III add further regulatory burden on warehouse operations that feed into freight networks. Given the current Republican-controlled Congress and the bill's bipartisan but Democrat-heavy sponsorship, passage this session is unlikely — but this is worth tracking if the political landscape shifts after midterms.
Recommended action: Monitor this bill for provisions that could extend warehouse quota and transparency requirements to independent contractors or staffing entities used in broker-arranged shipments.
Virginia (VA) — 4 bills SESSION ENDED · Mar 14
Last action: Mar 14, 2026 (209 days ago)
8/10 SCOREOPPOSE
Minimum wage and overtime wages; payment, misclassification of workers, civil actions.
Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs.
Status: H: Conference report agreed to by House (62-Y 35-N 0-A) (Mar 14, 2026) · S: Fiscal Impact statement From VCSC (3/14/2026 2:49 pm) / Conference report rejected by Senate (16-Y 21-N 0-A) / No further action taken / Failed to Pass from conference (Mar 14, 2026)
Assessment: This bill expands civil liability for worker misclassification under Virginia Code § 40.1-28.7:7 by cross-referencing the full civil penalty regime of § 40.1-29(J), which includes liquidated damages equal to 100% of unpaid wages plus attorney fees, and triple damages when a court finds knowing violations — these remedies would now stack onto existing misclassification damages. The IRS common-law control test remains the classification standard, which is relatively favorable compared to an ABC test, but the significantly enhanced penalty exposure for misclassification findings directly threatens your business if owner-operators are recharacterized as employees in a dispute. The construction-specific joint-and-several liability expansion in § 11-4.6 is less directly applicable to freight brokerage, but the misclassification and wage penalty escalation provisions apply broadly and create material litigation risk for any broker-carrier arrangement scrutinized under Virginia law.
Recommended action: Engage Virginia legislative contacts to oppose the expanded liquidated damages and misclassification civil action provisions that increase financial exposure for brokers and carriers using independent contractors.
Last action: Apr 22, 2026 (170 days ago)
7/10 SCOREENACTED
Minimum wage and overtime wages; payment, of wages, misclassification of workers, civil actions.
Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is subject to civil actions for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. The bill permits the Commissioner of Labor and Industry to refer matters relating to the bill's provisions to the Attorney General for enforcement through civil action.
Status: H: House concurred in Governor's recommendation (64-Y 36-N 0-A) / Reenrolled / Reenrolled bill text (HB238ER2) / Signed by Speaker (Apr 22, 2026) · S: Senate concurred in Governor's recommendation (21-Y 18-N 0-A) / Signed by President (Apr 22, 2026)
Assessment: This bill adds treble damages, liquidated damages, prejudgment interest, and mandatory attorney fees — currently available only for wage nonpayment — as remedies for worker misclassification violations under § 40.1-28.7:7, directly increasing the financial stakes of any IC reclassification challenge against your business. The misclassification section retains the IRS common-law control test as the IC standard, which is relatively favorable, but the dramatically expanded remedy structure makes a failed classification defense far more costly. Additionally, the joint-and-several liability expansion in § 11-4.6(C) now extends general contractor wage liability down through all subcontractor tiers on qualifying construction projects, a structural change that could affect brokers arranging transportation services within construction supply chains.
Last action: Apr 22, 2026 (170 days ago)
6/10 SCOREENACTED
Virginia Public Procurement Act; additional public works contract requirements.
Virginia Public Procurement Act; additional public works contract requirements; report. Provides that public bodies shall require the contractor and its subcontractors for any construction contract, as defined in the bill, to complete certain safety training programs and maintain records of compliance with applicable laws. The bill requires a prime contractor to obtain written authorization from a state public body before any party to a construction contract provides remuneration to more than one independent contractor for each contractor, subcontractor, or party to such contract when such contract is valued at greater than $5 million. If a construction contract with a local public body is valued at greater than $5 million the prime contractor shall provide written notification to the local public body justifying remuneration to any independent contractor. The foregoing provisions of the bill not apply to transportation-relatedconstruction projects. Such provisions have a delayed effective date of July 1, 2027.Effective in due course, the bill requires the Secretary of Labor to conduct an 18-month evaluation regarding the feasibility of requiring public bodies to hire apprentices on public works contracts. The bill also directs the Department of General Services and the Department of Labor and Industry to develop guidelines to assist state public bodies in making the determinations required to issue an authorization allowing a contractor, subcontractor, or other party to a public works contract to provide remuneration to an independent contractor in connection with such contract. The Department of General Services shall publish such guidelines on its website no later than July 1, 2027. This bill is identical to SB 324.
Status: H: House concurred in Governor's recommendation (65-Y 35-N 0-A) / Reenrolled bill text (HB1046ER2) / Signed by Speaker (Apr 22, 2026) · S: Senate concurred in Governor's recommendation (21-Y 18-N 0-A) / Signed by President (Apr 22, 2026)
Assessment: This bill imposes significant restrictions on the use of independent contractors in Virginia public works construction contracts over $5 million, requiring prior written authorization from the public body before any party can engage an IC — effectively creating a presumption against IC use on covered projects. However, the bill explicitly exempts transportation-related construction projects, which should shield most freight and motor carrier infrastructure work from these requirements. The IC definition embedded in the bill uses an ABC-style three-prong structure (control, outside usual course, independently established trade), so if the transportation exemption were ever narrowed or removed, the classification framework would be directly hostile to broker-carrier arrangements.
Last action: Feb 11, 2026 (240 days ago)
6/10 SCOREOPPOSE
Corporate welfare tax; imposes on large employers a tax equal to 100% of qualified employee benefit.
Corporate welfare tax. Imposes on large employers, as defined in the bill, a corporate welfare tax equal to 100 percent of the qualified employee benefits received by any employees of such large employer residing in the Commonwealth. The bill directs the Department of Taxation to obtain identifying data for individuals receiving qualified federal benefits, as defined by the bill, from the Department of Social Services pursuant to an interagency agreement and to compare such data to employment rosters received quarterly from large employers to determine the amount of qualified federal benefits received by employees of such large employers. The bill also prohibits an employer, in connection with the selection or referral of applicants or candidates for employment, to make inquiries or otherwise seek information relating to whether such applicant receives qualified federal benefits.
Status: H: Continued to next session in Finance (Voice Vote) (Feb 11, 2026)
Assessment: This bill's definition of 'Employee' explicitly includes independent contractors and their employees, meaning owner-operators you contract with could count toward the 500-employee 'large employer' threshold and trigger a corporate welfare tax equal to 100% of any means-tested federal benefits those ICs receive. If enacted, this creates a direct financial liability tied to the benefit status of workers your business does not employ but does contract with — a novel and potentially significant cost exposure for high-volume brokers. The bill also prohibits employers from inquiring whether applicants receive federal benefits, adding a new compliance obligation to your hiring and contracting processes.
Recommended action: Logistics brokers should monitor this bill and oppose its independent contractor provisions, which would count IC drivers and their employees toward the large employer threshold and expose brokers to a 100% tax on federal benefits received by those workers.
Vermont (VT) — 2 bills SESSION ENDED · May 29
Last action: Feb 25, 2025 (591 days ago)
8/10 SCOREOPPOSE
An act relating to enhancing enforcement of employment laws
An act relating to enhancing enforcement of employment laws
Status: H: Read first time and referred to the Committee on General and Housing (Feb 25, 2025)
Assessment: This bill creates a California PAGA-style private enforcement mechanism allowing workers — including those claiming misclassification as independent contractors — to sue employers directly on behalf of the Vermont Commissioner of Labor, collect penalties, and recover attorney's fees. The definition of 'aggrieved employee' explicitly includes individuals asserting misclassification claims, meaning owner-operators who believe they were wrongly treated as ICs can trigger costly civil litigation against your brokerage without waiting for agency action. Section 52(e) voids any contractual provision restricting these enforcement actions, which threatens arbitration clauses and class action waivers in your carrier agreements.
Recommended action: Engage Vermont legislative contacts to oppose this bill or seek amendments excluding independent contractor misclassification claims from the private enforcement mechanism.
Last action: Feb 25, 2025 (591 days ago)
6/10 SCOREOPPOSE
An act relating to expanding coverage of the minimum wage and overtime laws and maintaining the authority of the Attorney General to enforce complaints of employee misclassification
An act relating to expanding coverage of the minimum wage and overtime laws and maintaining the authority of the Attorney General to enforce complaints of employee misclassification
Status: H: Read first time and referred to the Committee on General and Housing (Feb 25, 2025)
Assessment: The most operationally significant provision for your business is Section 4, which strips out the scheduled repeal of the Vermont AG's misclassification enforcement authority under 3 V.S.A. § 222d — meaning the AG retains indefinite power to investigate and pursue misclassification complaints against businesses using independent contractors in Vermont. The $20/hour minimum wage increase and tipped wage elimination primarily affect direct employment relationships, not broker-carrier arrangements, but the preserved AG enforcement authority creates ongoing exposure if any owner-operator relationship is scrutinized under Vermont law. This bill stalled without advancing before session ended May 29, 2026, but the misclassification enforcement piece is worth tracking if it resurfaces.
Recommended action: Brokers operating in Vermont should monitor this bill and engage with the AG enforcement provision, which removes the July 1, 2026 sunset on the Attorney General's authority to investigate and enforce worker misclassification complaints.
Washington (WA) — 4 bills SESSION ENDED · Mar 12
Last action: Jan 12, 2026 (270 days ago)
8/10 SCOREOPPOSE
Concerning labor standards.
Concerning labor standards.
Status: H: By resolution, reintroduced and retained in present status. (Jan 12, 2026)
Assessment: This bill grants Washington's Department of Labor and Industries authority to issue stop-work orders halting all business operations at any site where a labor standards violation is found — a direct operational threat if applied to a carrier or broker location in the state. The bill also establishes a steep minimum wage escalation schedule ($17.50 in 2026 rising to $25.00 by 2032), mandatory paid vacation leave starting January 1, 2027, and mandatory paid bereavement leave — all of which increase cost pressure on carriers and could trigger reclassification risk if owner-operators are found to be employees under Washington law. The stop-work penalty of up to $5,000 per day for violations, combined with inflation-indexed increases, creates significant financial exposure for any freight operation the department targets.
Recommended action: Logistics brokers operating in Washington should oppose this bill and engage with industry associations to push back on the stop-work order authority and escalating minimum wage schedule that could disrupt carrier operations and increase compliance exposure.
Last action: Jan 12, 2026 (270 days ago)
7/10 SCOREOPPOSE
Concerning labor standards and the Washington minimum wage act.
Concerning labor standards and the Washington minimum wage act.
Status: H: By resolution, reintroduced and retained in present status. (Jan 12, 2026)
Assessment: This bill introduces stop-work authority allowing the Washington Department of Labor and Industries to cease all business operations at any site where a minimum wage act violation is found, with civil penalties up to $5,000 per day for non-compliance — a direct operational threat if your Washington-based logistics or brokerage operations are found in violation. The bill also mandates paid vacation and paid bereavement leave beginning January 1, 2027, expanding employer obligations beyond the existing paid sick leave requirement. While these provisions target the employer-employee relationship rather than independent contractor classification directly, the stop-work mechanism and escalating wage floor (rising to $25.00/hour by 2031) increase your compliance exposure and operational risk if any owner-operators or workers are later reclassified as employees.
Recommended action: Engage with the Washington legislature or trade associations to oppose the stop-work order provision, which could halt your operations for minimum wage or paid leave violations before any judicial determination of liability.
Last action: Jan 12, 2026 (270 days ago)
7/10 SCOREOPPOSE
Concerning labor standards.
Concerning labor standards.
Status: S: By resolution, reintroduced and retained in present status. (Jan 12, 2026)
Assessment: The most operationally significant provision for your business is the new stop-work authority in Section 3, which allows Washington L&I to cease all business operations at every site where a labor standards violation has occurred — including minimum wage, paid sick leave, paid vacation, or paid bereavement leave violations — with civil penalties up to $5,000 per day for non-compliance with the order. If any of your Washington-based employees (dispatchers, operations staff, or anyone you directly employ) trigger a violation finding, this authority could shut down your brokerage operations entirely until back wages, interest, and penalties are paid. The bill also introduces mandatory paid vacation leave starting January 1, 2027 and a staged minimum wage increase to $25.00/hour by 2031, both of which increase direct labor costs for employees on your payroll.
Recommended action: Logistics brokers operating in Washington should monitor this bill and engage through industry associations to oppose the stop-work order provision, which could halt your business operations for wage-and-hour violations.
Last action: Feb 26, 2026 (225 days ago)
6/10 SCOREOPPOSE
Establishing labor protections for domestic workers.
Establishing labor protections for domestic workers.
Status: S: Senate Rules "X" file. (Feb 26, 2026)
Assessment: Section 5(6) of this bill prohibits hiring entities from requiring, as a condition of work, that a domestic worker agree to a mandatory predispute arbitration clause — this directly threatens the enforceability of arbitration agreements in any contractor arrangement that could be swept into the 'domestic worker' definition, which explicitly includes independent contractors working in private residences. While the bill targets nannies, housekeepers, and similar roles, the definition of 'domestic worker' includes ICs paid for four or more hours per month in private residences, which could capture certain last-mile or in-home delivery contractors depending on the work performed. The arbitration ban, combined with a rebuttable presumption of retaliation and department enforcement authority with penalties, creates meaningful litigation and compliance exposure if any of your owner-operators or contracted drivers fall within scope.
Recommended action: Logistics brokers whose carriers or contractors perform any residential delivery, last-mile, or home-based services should monitor this bill and engage against the mandatory arbitration ban in Section 5(6), which voids predispute arbitration clauses in contracts with covered workers.
West Virginia (WV) — 7 bills SESSION ENDED · Mar 14
Last action: Jun 25, 2026 (106 days ago)
8/10 SCOREENACTED
Workforce Readiness and Opportunity Act
The purpose of this bill is all related to the Workforce Readiness and Opportunity Initiatives Act including by establishing the West Virginia Micro-Credential Program, expanding the apprenticeship training tax credit, allowing for independent contractors to have portable benefits which hiring parties can contribute to without altering the nature of the relationship, providing for tax treatment of portable benefits, and eliminating barriers to professional licensures for military trained applicants.
Status: H: Approved by Governor 4/1/2026 - House Journal (Mar 14, 2026) · S: Chapter 293, Acts, Regular Session, 2026 (Jun 25, 2026)
Assessment: This bill creates a Voluntary Portable Benefits Plan framework under WV Code §21-18-1 et seq. that expressly allows hiring parties to contribute to portable benefits for independent contractors without altering the nature of the relationship or triggering an employer-employee reclassification — a direct safe harbor for brokers who contract with owner-operators. The bill pairs that protection with personal and corporate income tax deductions for contributions, making it financially practical for your business to offer benefit support to owner-operators without the legal risk that currently deters such arrangements. This is a pro-IC, pro-broker measure that reduces a longstanding barrier to contractor benefit access while explicitly preserving independent contractor status.
Last action: Feb 23, 2026 (228 days ago)
8/10 SCORESUPPORT
Classifying independent contractors and employees
The purpose of this bill is to align the state classifications of independent contractor and employee with the Internal Revenue Service classifications.
Status: S: Filed for introduction / To Judiciary / Introduced in Senate / To Judiciary (Feb 23, 2026)
Assessment: This bill amends West Virginia's Worker Classification Act to make IRS Revenue Ruling 87-41's common law behavioral-control test the default standard for classifying workers as employees or independent contractors across workers' comp, unemployment, Human Rights Act, and wage payment statutes — and explicitly resolves ambiguity in favor of independent contractor status. For your business, this is a meaningful protection: a control-based test is far easier to satisfy than an ABC test, and the bill's safe harbor criteria — including the worker controlling manner and means, non-exclusivity, and ability to hire substitutes — map directly onto typical owner-operator relationships. The bill died at session end without advancing, but if reintroduced, it would materially reduce reclassification risk for West Virginia broker-carrier arrangements.
Recommended action: Logistics brokers and carriers operating in West Virginia should support this bill and encourage its passage in a future session, as it locks in a pro-IC classification standard that protects owner-operator arrangements.
Last action: Jan 28, 2026 (254 days ago)
8/10 SCORESUPPORT
Workforce Readiness and Opportunity Act
The purpose of this bill is all related to the Workforce Readiness and Opportunity Initiatives Act including by establishing the West Virginia Micro-Credential Program, expanding the apprenticeship training tax credit, allowing for independent contractors to have portable benefits which hiring parties can contribute to without altering the nature of the relationship, providing for tax treatment of portable benefits, and eliminating barriers to professional licensures for military trained applicants.
Status: H: By substitute, do pass, but first to Finance / To House Finance (Jan 28, 2026)
Assessment: This bill creates a Voluntary Portable Benefits Plan framework under WV Chapter 21, Article 18, that explicitly allows hiring parties — including freight brokers — to contribute to benefits for independent contractors without triggering reclassification as employees, a direct statutory safe harbor for your owner-operator relationships. The bill's definition section ties 'independent contractor' status to existing WV law (§21-5I-1 et seq.), preserving current classification standards rather than imposing a new ABC or economic-realities test. Combined with personal and corporate income tax deductions for contributions, this bill reduces one of the core financial barriers to maintaining IC arrangements in West Virginia and strengthens the legal firewall between benefit contributions and employment status.
Recommended action: Logistics brokers should support this bill and engage with West Virginia legislators to preserve and advance the portable benefits safe harbor provision, which explicitly protects broker-contractor arrangements from reclassification.
Last action: Feb 3, 2026 (248 days ago)
7/10 SCORESUPPORT
Relating to portable benefit plans
The purpose of this bill is to provide for voluntary portable insurance plans.
Status: H: Filed for introduction / To Finance / Introduced in House / To House Finance (Feb 03, 2026)
Assessment: This bill creates a state-sponsored portable insurance benefit plan for independent contractors and contains two provisions that directly protect your broker-carrier arrangements: contributions by a hiring party to a portable benefit plan expressly cannot be used as a criterion for determining employment classification, and contributions by platform or app-based companies cannot be construed as evidence of an employment relationship for workers' compensation purposes. For logistics brokers, this means you could voluntarily contribute to benefit coverage for owner-operators without triggering reclassification risk under West Virginia law — a meaningful safe harbor. The bill died in committee and cannot advance in the 2026 regular session, but its framework is worth monitoring if reintroduced.
Recommended action: Brokers operating in West Virginia should support this bill and engage with the Finance Board process, as it explicitly shields contributions to portable benefit plans from being used as evidence of an employment relationship or workers' compensation liability.
Last action: Jan 14, 2026 (268 days ago)
7/10 SCORESUPPORT
Creating Voluntary Portable Benefit Account Act
The purpose of this bill is to create the Voluntary Portable Benefit Account Act. The bill provides for a short title. The bill creates definitions. Finally, the bill provides for the enactment of the article for the creation of voluntary portable benefit accounts.
Status: S: Filed for introduction / To Banking and Insurance / Introduced in Senate / To Banking and Insurance (Jan 14, 2026)
Assessment: This bill creates a voluntary portable benefit account framework in West Virginia and includes a direct safeguard for your business: Section 31A-10-3(c) explicitly states that contributions to these accounts cannot be used as a criterion for determining worker classification, meaning offering or funding benefits for your owner-operators will not trigger reclassification exposure. Section 31A-10-3(b) also anchors employment status determinations to existing West Virginia statutory factors rather than introducing a new or expanded test. Note that the 2026 regular session has ended without this bill advancing, so monitor for reintroduction in a future session or special session.
Recommended action: Brokers and hiring parties operating in West Virginia should support this bill as it explicitly protects IC status by prohibiting benefit contributions from being used as a reclassification factor.
Last action: Feb 3, 2026 (248 days ago)
6/10 SCOREOPPOSE
Employer discriminatory practices
The purpose of this bill is to include certain employers with two or more employees subject to actions for discriminatory practices before the human rights commission; to include individual independent contractors in the definition of "employee"; and to increase the time period in which to bring an action before the human rights commission to three years after the alleged act of discrimination.
Status: H: Filed for introduction / To Judiciary / Introduced in House / To House Judiciary (Feb 03, 2026)
Assessment: This bill redefines 'employee' under West Virginia's Human Rights Act to include individuals who provide work under an independent contract, meaning owner-operators and independent carriers you contract with could bring discrimination claims against your brokerage before the WV Human Rights Commission. Combined with the expansion of covered employers from 12 to just 2 employees and the extension of the filing window from 1 year to 3 years, your exposure to discrimination claims arising from contractor assignment decisions, load tendering patterns, or contract terminations increases significantly. The bill died when the 2026 regular session ended March 14 without passage, but the concept is likely to return and warrants ongoing attention in West Virginia.
Recommended action: Logistics brokers operating in West Virginia should monitor this bill and engage their state association to oppose the independent contractor inclusion, as it creates new discrimination liability exposure for broker-carrier relationships.
Last action: Jan 20, 2026 (262 days ago)
6/10 SCORENEUTRAL
Taxpayer Protection Act
The purpose of this bill is to ensure individual taxpayers are not misclassified.
Status: H: Filed for introduction / To Finance / Introduced in House / To House Finance (Jan 20, 2026)
Assessment: This bill creates an ABC test under West Virginia's Personal Income Tax code — but the structure is unusual: subsection (a) establishes an IC-favorable framing (worker is presumed IC unless control, economic dependence, and direction are all proven), while subsection (b) then flips the presumption by requiring the hiring entity to affirmatively prove all three prongs of an economic-realities test to maintain IC status. If the Tax Commissioner applies subsection (b) aggressively, brokers using independent owner-operators in West Virginia could face reclassification audits and payroll tax liability under state income tax law. The bill died in committee when the 2026 regular session ended March 14, but the underlying framework — an ABC test embedded in tax enforcement — is worth tracking if it resurfaces in a future session.
Recommended action: Monitor how West Virginia's Tax Commissioner applies this ABC test to owner-operators and whether it creates audit exposure or reclassification risk for brokers contracting with independent carriers in the state.