California (CA) — 6 bills IN SESSION · thru Aug 31
Last action: Jul 2, 2026 (11 days ago)
7/10 SCOREOPPOSE
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: Read third time. Passed. (Ayes 29. Noes 9.) Ordered to the Assembly. (May 19, 2026)
Assessment: SB 947 defines 'worker' to explicitly include independent contractors, meaning your owner-operators are covered — any ADS you use for dispatch scoring, deactivation, or performance evaluation triggers mandatory human review, written post-use notices, and data access rights enforceable by the Labor Commissioner or civil suit. The bill prohibits relying solely on ADS output for disciplinary, termination, or deactivation decisions and bars using customer ratings as the sole or primary input for employment-related decisions, directly constraining how most broker platforms manage carrier performance and assignment. Non-compliance carries civil penalties, punitive damages, and attorney's fees exposure, and the bill's local non-preemption clause means California cities or counties could layer on even stricter requirements.
Recommended action: Logistics brokers using algorithmic dispatch, performance scoring, or automated deactivation tools for owner-operators should oppose this bill and engage with California legislative contacts before the August 31 session end.
Last action: Jul 2, 2026 (11 days ago)
6/10 SCOREOPPOSE
Employment: technological displacement: notice.
An act to amend Sections 1400.5, 1401, 1403, and 1406 of, and to add Section 1402.7 to, the Labor Code, relating to employment.
Status: S: Read third time. Passed. (Ayes 28. Noes 9.) Ordered to the Assembly. (May 20, 2026)
Assessment: SB 951 defines 'worker' to explicitly include independent contractors employed or contracted for at least 6 months, meaning owner-operators and contract drivers on long-term arrangements could trigger your 90-day advance notice obligations, right-of-first-bid requirements, and $500/day civil penalties if AI or automation tools reduce their contract volume. The bill's definition of 'technological termination of contract' — covering any AI-driven displacement of contracted workers — directly implicates broker platforms that use automated load matching, route optimization, or AI-powered carrier selection that reduces volume to specific contractors. If your business deploys or expands automation affecting 25 or more contracted drivers, failure to provide notice exposes you to back pay liability capped at 60 days per affected worker plus civil penalties recoverable by the Labor Commissioner.
Recommended action: Logistics brokers and carriers using AI-driven dispatch, load matching, or automated contracting tools should monitor this bill and engage with industry groups to seek exclusions or clarifications for broker-contractor arrangements.
Last action: Jul 2, 2026 (11 days ago)
7/10 SCOREOPPOSE
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 second time and amended. Re-referred to Com. on APPR. (Jul 02, 2026)
Assessment: AB 1883 defines 'workplace surveillance tool' broadly to include geolocation, electromagnetic tracking, and photoelectronic tracking systems — the exact technologies brokers and carriers use to track shipment location, driver progress, and delivery timing for customers. The bill's definition of 'worker' explicitly includes independent contractors, meaning owner-operators dispatched through your brokerage could trigger these restrictions, and violations carry a $500-per-employee civil penalty enforceable by the Labor Commissioner, public prosecutors, or private civil action. As drafted, routine load-tracking and ELD-integrated location monitoring could face legal challenge unless the Legislature carves out a clear exemption for safety- and logistics-related geolocation use.
Recommended action: Logistics brokers should monitor AB 1883 closely and engage with industry associations to advocate for a clear exemption protecting geolocation and tracking tools used for freight visibility and customer delivery confirmation.
Last action: May 14, 2026 (60 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 explicitly include independent contractors, meaning owner-operators and drivers you work with could be covered — and any automated decision system you use to assign loads, score performance, set productivity quotas, or monitor geolocation would qualify as a 'workplace AI tool' triggering mandatory written disclosure, signed acknowledgment before deployment, and an annual updated tool inventory. The 90-day pre-deployment notice requirement and the prohibition on using AI tools until signed notices are returned would disrupt your ability to onboard new technology quickly, while the $500-per-worker-per-violation penalty and private civil action right create real litigation exposure. This bill crossed the May 29 crossover deadline, so its current legislative path is uncertain, but it remains active through August 31, 2026 and warrants monitoring given its direct application to contractor relationships.
Recommended action: Logistics brokers using AI-driven load matching, performance scoring, or driver monitoring tools should track this bill and engage with industry associations to push back on the broad disclosure and signed-acknowledgment requirements.
Last action: Sep 13, 2025 (303 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: If your brokerage uses any AI-driven or algorithmic pricing tool — including load board rate recommendations, dynamic lane pricing, or carrier rate-setting platforms — this bill could directly affect your operations in two ways: first, if that algorithm was trained on or incorporates competitor rate data, using it would be a per se violation subject to civil penalties of $10,000/day or forfeiture of revenues; second, if your annual revenue exceeds $5 million, you must disclose to carriers and owner-operators before contracting that their compensation rate is set or recommended by an algorithm, with $5,000/day penalties for failure to comply. The definition of 'price' explicitly includes compensation paid to independent contractors, meaning rate offers made to owner-operators through algorithmic tools fall squarely within scope.
Recommended action: Monitor this bill's progress and assess whether your load board, TMS, or rate-setting tools use any competitor data inputs that could trigger compliance obligations or enforcement exposure.
Last action: Sep 3, 2025 (313 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 and introduces a provision directly relevant to your business: when a defendant denies an employment relationship by claiming a worker is an independent contractor, they must provide facts proving the arrangement meets California's ABC test under Labor Code Section 2775 — the same test that threatens broker-contractor relationships. The bill also imposes a new 30% administrative fee on any order, decision, or award, increasing the financial exposure for any carrier or broker named as a defendant in a wage claim. The current law sections provided were unreadable, but the bill's IC-specific answer requirement is a genuinely new procedural burden that could be weaponized against owner-operator arrangements in freight.
Recommended action: Logistics brokers using owner-operators in California should monitor this bill closely, as its new requirement that defendants denying independent contractor status must affirmatively prove ABC test compliance could be used against broker-carrier arrangements in wage disputes.
Hawaii (HI) — 5 bills SESSION ENDED · May 8
Last action: Feb 17, 2026 (146 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 six Hawaii statutes — covering workers' compensation, wage and hour, temporary disability, family leave, unemployment insurance, and tax classification — to deem delivery drivers employees of any business that 'arranges, assigns, or dispatches' delivery work if two conditions are met: the driver must complete deliveries within specified or algorithmically set timeframes, and the driver cannot decline assignments without penalty, deactivation, or loss of work access. Any IC agreement covering a driver who meets both conditions is explicitly voided and unenforceable under each amended chapter. While the bill's definition of 'delivery driver' is narrowed to individuals using personal vehicles for package delivery from warehouses or fulfillment centers, the 'arranges, assigns, or dispatches' trigger language is broad enough to reach logistics brokers coordinating last-mile or final-leg delivery operations in Hawaii, creating direct employee reclassification exposure across multiple state labor and tax regimes.
Recommended action: Logistics brokers and freight arrangers operating in Hawaii should monitor this bill and engage with industry associations to oppose its expansion or similar legislation targeting the broader carrier-contractor relationship.
Last action: Dec 8, 2025 (217 days ago)
8/10 SCOREOPPOSE
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 'other than an independent contractor' from the definition of 'employee,' directly eliminating the IC exclusion that currently protects broker-carrier arrangements from state labor organizing law. If enacted, your owner-operators could assert collective bargaining rights under Hawaii law, forcing you into mandatory bargaining over rates, terms, and conditions — fundamentally disrupting the independent contracting model. The bill also expands coverage to all individuals subject to NLRA jurisdiction, meaning federal preemption arguments become harder to rely on as a shield.
Recommended action: Logistics brokers operating in Hawaii should oppose this bill and engage state legislators, as it would expose your owner-operator relationships to collective bargaining obligations under state law.
Last action: Feb 4, 2026 (159 days ago)
7/10 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 independent contractors and all NLRA-covered workers whenever the NLRB lacks a quorum for 30 or more days — meaning your owner-operators could gain the right to organize and engage in collective bargaining under Hawaii law during those periods. The specific mechanism is a conditional redefinition of 'employee' that temporarily strips the independent contractor exclusion and the NLRA-jurisdiction exclusion from Hawaii's labor law, exposing brokers to unfair labor practice liability under state law for how they structure and manage carrier relationships. While the bill is currently stalled with Hawaii's 2026 session ended, the triggering condition (NLRB quorum failure) remains a real and recurring risk, making this a persistent threat to the IC-based freight model in Hawaii.
Recommended action: Logistics brokers operating in Hawaii should oppose this bill and urge legislators to resist expanding state collective bargaining coverage to independent contractors during any future NLRB quorum gap.
Last action: Mar 20, 2026 (115 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 bill creates a voluntary portable health care benefit pilot program for independent contractors and gig workers in Hawaii, and critically includes an explicit safe harbor: contributions by any hiring party to a portable health care benefit plan cannot be used as evidence of an employment relationship for purposes of workers' compensation, unemployment, or temporary disability insurance. This is a meaningful protection for brokers who arrange freight with owner-operators, as it allows benefit contributions without triggering reclassification risk. The program is voluntary, participation carries no mandate, and the bill is currently set to take effect July 1, 3000 per the description — meaning it has been deferred and will not advance this session absent a special session.
Recommended action: Logistics brokers in Hawaii should support this bill because it explicitly prohibits contributions to portable benefit plans from being used as evidence of an employment relationship or employer liability, protecting your independent contractor arrangements.
Last action: Dec 8, 2025 (217 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 mandatory contribution requirements — tied to a percentage of consumer fees or a per-hour rate — that logistics brokers operating as 'contracting agents' in Hawaii would owe to qualified benefit providers on behalf of gig workers paid via 1099. While Section -10 explicitly states that contributions and benefits under this program shall not be used to determine a worker's employment status under Hawaii's unemployment statute (Chapter 383), that carve-out is limited to one statute and does not broadly immunize brokers from reclassification risk under workers' compensation, tax, or other labor laws. The private cause of action provision (Section -9) adds direct litigation exposure for any contracting agent that fails to meet contribution deadlines, creating a new compliance and financial burden on top of existing broker-carrier contracting operations.
Recommended action: Monitor this bill closely and engage with Hawaii legislators to ensure any portable benefits framework includes a clear, enforceable IC classification safe harbor before any contribution mandates take effect.
Iowa (IA) — 8 bills SESSION ENDED · May 3
Last action: Mar 13, 2025 (487 days ago)
8/10 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 a statutory safe harbor specifically for motor carrier safety requirements: any device, software, training, policy, or operational practice mandated by a carrier for safety compliance cannot be used as a factor to reclassify an owner-operator as an employee or jointly employed worker under any Iowa state law. For your business, this is directly relevant — requiring owner-operators to use ELDs, dashcams, or follow safety protocols has historically been cited as evidence of control in misclassification claims, and this bill closes that door. The bill did not advance before the 2026 session ended on May 3rd, so monitor for reintroduction or a companion Senate bill (SF 377) in the next legislative session.
Recommended action: Logistics brokers and motor carriers operating in Iowa should support this bill and urge its passage in any future session, as it directly protects IC arrangements by removing safety technology mandates from employment classification analysis.
Last action: Feb 19, 2025 (509 days ago)
8/10 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 by explicitly barring any safety device, software, training, or operational practice required by a motor carrier from being used as a factor in determining employee, independent contractor, or joint-employer status under state law. For your business, this is directly protective: requiring owner-operators to use ELDs, GPS tracking, or safety compliance programs has been cited in misclassification claims as evidence of behavioral control, and this bill closes that door. The session ended May 3, 2026, so the bill did not advance this cycle — monitor for reintroduction in the next session.
Recommended action: Logistics brokers and motor carriers should support this bill, as it prevents safety technology mandates — ELDs, dash cams, telematics — from being used as evidence of employment control over owner-operators.
Last action: Mar 31, 2026 (104 days ago)
7/10 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 misclassification enforcement regime using IRS common-law factors to determine employee vs. independent contractor status — which, while less aggressive than an ABC test, still imposes civil penalties of up to $10,000 per misclassified worker and, critically, makes willful misclassification a Class D felony punishable by up to five years in prison. Your business faces the added burden of a reversed burden of proof: in any enforcement action, you must affirmatively demonstrate compliance rather than the state proving a violation. The bill died in the 2026 regular session but represents a meaningful threat to owner-operator arrangements if reintroduced.
Recommended action: Monitor for reintroduction and engage Iowa legislative contacts to oppose this bill, which would expose brokers to felony charges and five-figure per-worker penalties for contractor arrangements.
Last action: Apr 3, 2025 (466 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 is the core provision for your business: it affirmatively declares that delivery network drivers 'shall be considered an independent contractor and shall not be considered an agent or employee' of the company — creating a statutory safe harbor against reclassification. The bill also establishes a clear insurance framework (Section 321Q.3) requiring $50K/$100K/$25K financial liability coverage during the delivery service period, satisfied by driver insurance, company insurance, or a combination, which clarifies liability boundaries for platform-based freight arrangements. If your business operates or contracts with app-based last-mile or delivery network operators in Iowa, this bill reduces reclassification exposure and resolves insurance-gap disputes that currently create operational risk.
Recommended action: Logistics brokers and carriers using app-based delivery drivers in Iowa should support this bill, as it explicitly codifies independent contractor status for delivery network drivers and insulates the platform company from employment classification claims.
Last action: Feb 28, 2025 (500 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 bill creates a statutory safe harbor under Iowa law by prohibiting courts and agencies from using a motor carrier's deployment or required use of safety devices, software, training, or operational practices as a factor when determining whether an owner-operator is an employee, independent contractor, or jointly employed. For your business, this directly addresses a real litigation risk: plaintiffs and regulators have argued that requiring drivers to use safety technology (e.g., ELDs, cameras, compliance programs) demonstrates the level of control that triggers an employment relationship. The bill is a pro-IC protection that narrows the factors available against you in any Iowa worker classification proceeding, though it did not advance before the 2026 session ended and would require a special session to move forward.
Recommended action: Brokers and carriers in Iowa should support this bill, as it prevents safety compliance requirements — such as ELDs, dashcams, or safety training mandates — from being used as evidence of employment control in misclassification disputes.
Last action: Feb 12, 2025 (516 days ago)
7/10 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 (Chapter 95) that prohibits 'willful' misclassification of employees as independent contractors, using IRS regulations as the classification standard — which applies a multi-factor behavioral and economic control test that could be applied to your owner-operator relationships. Penalties escalate from $5,000 per worker on a first offense up to $10,000 per worker on subsequent offenses, and a violation is also a Class D felony carrying up to five years in prison — a serious criminal exposure for broker management. The burden of proof is reversed: your business must affirmatively prove by a preponderance of evidence that each worker is legitimately an independent contractor, making routine enforcement actions costly to defend. The bill has not advanced before the session's end and cannot move without a special session, but its reintroduction risk warrants tracking.
Recommended action: Logistics brokers should monitor this bill and engage Iowa legislators to oppose provisions that impose felony criminal liability and escalating civil penalties on businesses that classify workers as independent contractors.
Last action: Mar 10, 2025 (490 days ago)
6/10 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 a three-factor ABC-style test for independent contractor status under Iowa's workers' compensation, wage payment, minimum wage, and unemployment insurance statutes — and critically places the burden on the employer to prove IC status rather than on the worker to prove employment. The owner-operator safe harbor in Section 4 is preserved but now requires owner-operators to meet this same three-prong definition or the existing conditions list, meaning any broker-carrier arrangement where the carrier's work is not 'outside the usual course' of your business could trigger reclassification risk. The session has ended without passage, but if reintroduced, the burden-shift alone makes this a meaningful compliance threat for brokers arranging freight with Iowa-based owner-operators.
Recommended action: Logistics brokers should monitor this bill and oppose the employer-bears-burden provision, which shifts the presumption against independent contractor status across workers' comp, wage, and UI law.
Last action: Feb 20, 2025 (508 days ago)
5/10 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: This Iowa bill creates a new regulatory framework for 'delivery network companies' — app-based platforms connecting customers to drivers using personal vehicles for last-mile delivery — and explicitly carves them out of existing motor carrier and private carrier definitions under Chapter 325A. If your business uses commercial motor carriers and owner-operators rather than personal-vehicle app-based delivery drivers, your operations likely fall outside this framework entirely. However, the financial liability coverage mandates ($50K/$100K/$25K) and written disclosure requirements imposed on delivery network companies are worth reviewing to confirm they do not reach any last-mile or app-enabled delivery arrangements your business facilitates.
Recommended action: Monitor this bill to confirm that your broker-carrier arrangements with owner-operators fall outside its definitions and that the insurance and disclosure requirements do not create new compliance obligations for your operations.
Massachusetts (MA) — 13 bills IN SESSION · thru Jul 31
Last action: Mar 5, 2026 (130 days ago)
9/10 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 §148B — the state's existing ABC test — by replacing the current conjunctive three-prong structure (all three prongs required for IC status) with a disjunctive test where satisfying prong 1 plus either prong 2 OR prong 3 is sufficient to establish independent contractor status. Under current MA law, a worker is an employee unless the hiring party satisfies all three prongs simultaneously, making it one of the strictest IC classification standards in the country and a direct threat to your owner-operator relationships. If enacted, your broker-carrier arrangements with owner-operators who run independently established trucking businesses would qualify under prong 3 alone, dramatically reducing your reclassification exposure under the state wage and hour law.
Recommended action: Logistics brokers operating in Massachusetts should actively support this bill and urge their state legislative contacts to advance it through committee.
Last action: Dec 18, 2025 (207 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 category that can sweep in logistics brokers who engage carriers to perform services with a 'significant nexus' to their business operations — making you financially responsible for wage theft violations committed by carriers or subcontractors you contract with. Sections 148F and 148G grant the Massachusetts Attorney General stop-work order authority that can halt all business operations at a specific location, triggered either by failure to obtain unemployment insurance or by any wage theft finding, with successor liability provisions that follow corporate reorganizations. The treble damages remedy, expanded AG civil action authority, and the definition of 'wage theft' incorporating Massachusetts independent contractor misclassification law (Section 148B) create compounding exposure for broker-carrier arrangements that the AG's office could target as misclassification.
Recommended action: Logistics brokers operating in Massachusetts should actively oppose this bill and engage with the legislature, as it directly exposes your business to stop-work orders and joint-and-several liability for wage violations committed by carriers or labor subcontractors in your supply chain.
Last action: Aug 7, 2025 (340 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: This bill embeds a strict ABC test directly into Massachusetts labor law (Chapter 150A, Section 2(3)(a)), meaning your owner-operators could be reclassified as employees unless you can prove all three prongs — independence from your control, work outside your usual business, and an independently established trade. Even more dangerous for brokers, Section 7 creates a broad joint employer standard based on any 'codetermination or shared control' over terms and conditions of employment, including indirect or reserved authority, which could expose your brokerage to union organizing liability and collective bargaining obligations tied to carriers you contract with. Combined with the new unfair labor practice provision in Section 14 making it illegal to 'misclassify employees as independent contractors,' this bill creates significant enforcement exposure for brokers operating in Massachusetts.
Recommended action: Logistics brokers should engage with Massachusetts legislative contacts to oppose this bill, which would impose an ABC test and expanded joint employer liability on broker-carrier arrangements under state law.
Last action: Mar 26, 2026 (109 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 between 'lead contractors' and their labor contractors or subcontractors for wage theft violations — a structure that could expose freight brokers to liability for pay practices of the independent carriers they contract with, depending on how 'lead contractor' is applied to broker-carrier arrangements. Sections 148F and 148G grant the Massachusetts AG stop-work authority that can halt all business operations at a specific location for UI violations or wage theft findings, creating operational risk if a carrier in your network is targeted and the order flows to your brokerage. The treble damages, attorney's fees, and mandatory pay-during-stoppage provisions compound the financial exposure significantly.
Recommended action: Logistics brokers operating in Massachusetts should engage with legislative contacts to oppose this bill or seek exemptions from the joint-and-several liability and stop-work order provisions.
Last action: Mar 5, 2026 (130 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 uses a strict ABC test requiring that all three prongs be satisfied for a worker to qualify as an independent contractor — changing the conjunction between prongs from 'and' to 'or' means a worker can be classified as an IC if any one of the three conditions is met, substantially lowering the classification bar. For logistics brokers arranging freight with owner-operators in Massachusetts, this directly reduces your exposure to misclassification liability under state wage law, which carries treble damages and attorney's fees. This is a meaningful pro-IC structural change to one of the most restrictive classification statutes in the country.
Recommended action: Logistics brokers operating in Massachusetts should support this bill and encourage its passage, as it directly relaxes the ABC test that governs independent contractor classification in the state.
Last action: Feb 26, 2026 (137 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 all application-based delivery workers are employees under Massachusetts General Laws (consistent with the state's stringent ABC test in M.G.L. c. 149, §148B), directly threatening the independent contractor model used by last-mile and delivery network operators. It mandates minimum wage floors (150% of basic minimum wage during assigned time), IRS-rate mileage reimbursements, $1M/$3M liability coverage requirements, detailed payroll data reporting to the AG and Department of Labor Standards, and creates private rights of action with treble damages and attorney's fees — each representing a significant operational and financial compliance burden. If your business arranges deliveries through an app-based platform or contracts with couriers in Massachusetts, this bill would force reclassification of those workers as employees and expose you to enforcement by the Attorney General.
Recommended action: Logistics brokers and carriers operating app-based delivery networks in Massachusetts should engage their trade associations and legislative contacts to oppose this bill or seek exemptions for freight broker-carrier arrangements.
Last action: Feb 2, 2026 (161 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 that application-based delivery workers are employees under Massachusetts law (consistent with M.G.L. c. 149 § 148B, the state's strict ABC test), directly threatening the independent contractor model used by delivery network companies and any broker arranging app-dispatched freight or last-mile delivery. It mandates minimum wage floors for both assigned and standby time, IRS-rate-plus mileage reimbursement, $1M/$3M liability coverage per worker, contemporaneous payroll data reporting to state regulators, and triple-damages anti-retaliation enforcement — each of which adds significant operational and financial compliance cost. If your business dispatches couriers or last-mile drivers through any digital platform in Massachusetts, this bill would reclassify those workers as employees and expose you to wage, insurance, and enforcement liability under Chapter 149.
Recommended action: Logistics brokers and freight companies operating app-based or platform-driven last-mile delivery in Massachusetts should actively oppose this bill and engage state legislative contacts to flag its broad employee-presumption language.
Last action: Dec 18, 2025 (207 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' existing ABC test under Chapter 149, Section 148B — one of the strictest worker classification standards in the country — to also govern workers' compensation classifications under Chapter 152. Currently, workers' comp uses a separate definition of 'employee'; this bill collapses that into the ABC test, meaning your owner-operators who currently qualify as independent contractors for workers' comp purposes could be reclassified as employees under that chapter as well. For logistics brokers arranging freight with independent carriers in Massachusetts, this expands the scope of reclassification liability and potential workers' comp obligations tied to the ABC test's three-prong standard.
Recommended action: Engage Massachusetts legislative contacts to oppose this bill, as it would extend the state's strict ABC test to workers' compensation determinations, increasing reclassification exposure for brokers using owner-operators.
Last action: Nov 3, 2025 (252 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 embeds a three-prong ABC test directly into Massachusetts labor relations law (Chapter 150A), making every owner-operator you contract with presumptively an employee unless all three prongs are satisfied — including that the service falls outside your usual course of business, a prong that freight arranged through your brokerage would likely fail. It also codifies a broad joint employer standard under which any shared or reserved control over a worker's terms and conditions — including indirect control — can expose your business to liability for a carrier's labor practices. A separate unfair labor practice provision explicitly prohibits misrepresenting that any worker is an independent contractor, adding an enforcement hook that could be weaponized against brokers who rely on owner-operator arrangements.
Recommended action: Logistics brokers operating in Massachusetts should oppose this bill and engage with the Labor and Workforce Development committee to highlight the damage an ABC test and expanded joint employer standard would cause to the broker-carrier contracting model.
Last action: Nov 3, 2025 (252 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's definition of 'employee,' meaning owner-operators you contract with could be reclassified as employees unless they satisfy all three prongs — including that their work falls outside your usual course of business, which is nearly impossible to prove for freight carriers. It also adds a broad joint employer definition covering any party that 'codetermines or shares control' over any term or condition of employment, directly exposing brokers to labor liability for the carriers and drivers you dispatch. Additionally, the bill makes it an unfair labor practice to misclassify workers as independent contractors, creating a new enforcement mechanism that puts your contractor relationships at legal risk.
Recommended action: Engage with your state legislative contacts and industry associations to oppose this bill, particularly the ABC test codification and the expanded joint employer definition.
Last action: Mar 12, 2026 (123 days ago)
7/10 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 app-based delivery drivers to be independent contractors — not employees — and builds a portable benefits framework (4% quarterly contributions into portable benefit accounts, occupational accident insurance, and auto insurance mandates) that operates without altering that classification. The IC safe harbor language is a direct protection for your contracting model, though the mandatory contribution and insurance requirements create new compliance costs and administrative obligations for any delivery network company operating in Massachusetts. Brokers and carriers in the last-mile and app-based delivery space should monitor this closely: the IC affirmation is a win, but the benefit contribution mandate and insurance filing requirements are new operational burdens that must be budgeted and operationalized within 240 days of enactment.
Recommended action: Logistics brokers and freight companies operating app-based delivery networks in Massachusetts should support this bill, as it explicitly codifies IC status for app-based delivery drivers and creates a portable benefits framework that does not trigger reclassification.
Last action: Dec 11, 2025 (214 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 separate stop-work order authorities — one through the AG for wage theft violations and one through the Department of Unemployment Assistance for unpaid UI contributions — that could halt your business operations at a specific location with as little as 5 days' notice. The definition of 'wage theft' incorporates Section 148B, Massachusetts' existing independent contractor misclassification statute, meaning that a finding that your owner-operators are misclassified employees could trigger a stop-work order against your brokerage. Additionally, the new private right of action under Section 148I allows any three current or former workers to file a civil wage theft suit, raising the litigation exposure for brokers whose contractor relationships are challenged under the state's strict ABC test.
Recommended action: Logistics brokers operating in Massachusetts should monitor this bill closely and oppose provisions that expand stop-work order authority and create new civil action mechanisms that could be weaponized against broker-carrier arrangements where worker classification is disputed.
Last action: Apr 30, 2026 (74 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: Reporting date extended to Thursday July 30, 2026 (Apr 30, 2026)
Assessment: This bill targets warehouse distribution centers under specific NAICS codes — including couriers, express delivery, and wholesale goods — and its definition of 'employer' explicitly sweeps in independent contractors and third-party entities that exercise control over wages, hours, or working conditions, creating joint-and-several liability for compliance with quota disclosure, recordkeeping, and anti-retaliation requirements. If your brokerage arranges freight through facilities that fall under these NAICS codes and you are deemed to exercise control over worker conditions, you could be pulled into enforcement actions alongside the direct employer. Civil penalties, attorney general prosecution authority, and a tripling of damages for retaliation violations amplify the financial exposure for any entity in the operational chain.
Recommended action: Logistics brokers who operate or contract with warehouse distribution centers should monitor this bill and engage with industry associations to limit its joint-and-several liability exposure.
Maryland (MD) — 4 bills SESSION ENDED · Apr 13
Last action: Apr 13, 2026 (91 days ago)
6/10 SCORENEUTRAL
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 expands Maryland's workplace fraud enforcement by authorizing the Attorney General to investigate and sue for misclassification violations, increasing civil penalties up to $10,000 per worker with treble damages available, and — most critically — imposing joint-and-several liability on general contractors for subcontractor misclassification violations regardless of direct contractual privity. While the joint liability provision is explicitly scoped to 'construction services,' the expanded AG enforcement authority and heightened penalty structure apply to the broader workplace fraud statute, which covers any employer-contractor misclassification. Logistics brokers arranging freight with owner-operators in Maryland should track whether enforcement activity under this bill migrates toward transportation arrangements, particularly as the AG gains new investigative tools.
Recommended action: Monitor this bill for the joint-and-several liability and expanded AG enforcement provisions that could be applied to transportation subcontracting arrangements in Maryland.
Last action: Apr 13, 2026 (91 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 bill tightens Maryland's workplace fraud and misclassification enforcement by authorizing the Attorney General to investigate and sue for violations, increasing civil penalties (up to $10,000 per misclassified worker with treble damages available), and — critically — establishing joint-and-several liability for general contractors whose subcontractors violate worker classification rules regardless of direct contractual privity. While the joint liability provision is framed around construction, the broader misclassification penalty escalation and expanded AG enforcement authority apply to any employer-contractor relationship under Maryland's workplace fraud subtitle, which could ensnare brokers who regularly engage owner-operators. The session ended April 13, 2026 without enactment, but you should track this if a special session is called.
Recommended action: Brokers using owner-operators in Maryland should monitor this bill because it strengthens misclassification enforcement mechanisms, expands Attorney General investigative authority, and introduces joint-and-several liability for general contractors — provisions that could be applied to broker-arranged freight relationships.
Last action: Feb 3, 2026 (160 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 mandates that Maryland's Department of Labor acknowledge worker misclassification complaints within 14 calendar days and immediately initiate fact-finding investigations that can include requesting payroll records and worker classification documentation — directly targeting the owner-operator arrangements your business relies on. Five state-funded regional investigators dedicated to enforcement create a structured, state-funded apparatus specifically empowered to scrutinize independent contractor classifications across Maryland worksites. While the bill does not establish a new classification test, it significantly increases the investigative infrastructure and procedural pressure on your broker-carrier relationships in Maryland.
Recommended action: Logistics brokers operating in Maryland should monitor this bill and engage with the Maryland Department of Labor rulemaking process once investigators are deployed, as misclassification complaints against your carrier relationships will now receive mandatory, time-bound investigation.
Last action: Jan 19, 2026 (175 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 companies receiving $100,000+ in State economic development assistance or holding $250,000+ in State procurement contracts to annually certify they have not received a final adverse determination for violating 'covered obligations' — which explicitly include misclassification provisions under Title 3 of Maryland's Labor and Employment Article. If your business holds qualifying State contracts and has faced any misclassification finding involving owner-operators, a false or missed certification triggers a pause on new contract awards and renewals, plus potential referral under the Maryland False Claims Act. The de minimis exemption (under $5,000, no willfulness or misclassification finding, paid within 30 days) provides limited protection since misclassification findings are expressly carved out from that safe harbor.
Recommended action: Logistics brokers and carriers holding $250,000 or more in aggregate State procurement contracts should track this bill and engage if the 'covered obligations' under Title 3 of the Labor and Employment Article are interpreted to include independent contractor misclassification determinations.
Michigan (MI) — 7 bills IN SESSION · thru Dec 31
Last action: Sep 24, 2025 (292 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 amends Michigan's Employment Security Act to introduce a three-prong ABC test effective January 1, 2026 — requiring that a worker be free from control, perform services outside the hiring entity's usual course of business, AND be customarily engaged in an independently established trade — before they can be classified as an independent contractor for unemployment insurance purposes. Owner-operators who haul freight arranged by brokers are highly vulnerable under prong (b), since motor carrier transportation is directly within the usual course of business of a logistics broker or freight company. The retroactive application to January 1, 2021 adds significant back-liability exposure for UI contributions on contractor relationships your business has already paid out.
Recommended action: Logistics brokers and freight companies using owner-operators in Michigan should actively oppose this bill and engage with legislative contacts to prevent its passage.
Last action: May 14, 2025 (425 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 adds Section 13c to Michigan's Payment of Wages and Fringe Benefits Act and explicitly adopts a three-prong ABC test for independent contractor status — requiring that the worker be free from control, perform work outside the payer's usual course of business, and be customarily engaged in an independent trade — and critically places the burden of proof on your business to demonstrate compliance by a preponderance of the evidence. Owner-operators who haul freight arranged by your brokerage will face scrutiny under prong B (work outside usual course of business), which is the most difficult prong to satisfy in logistics since moving freight is arguably central to a broker's core function. Violations carry misclassification penalties, and the bill's new 'payer' liability framework means brokers who pay owner-operators directly could be swept in alongside traditional employers.
Recommended action: Logistics brokers and freight companies that use owner-operators should actively oppose this bill and engage Michigan legislative contacts, as it imposes an ABC test for independent contractor classification and shifts the burden of proof to the payer to disprove misclassification.
Last action: Apr 17, 2025 (452 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 into Michigan's wage payment law — an independent contractor must be free from control, perform work outside the payer's usual course of business, AND be customarily engaged in an independent trade — meaning your owner-operators could be reclassified as employees if any one prong fails. New Section 13c places the burden of proof on your business to disprove misclassification, while Section 18 raises exemplary damages to 3x unpaid wages, increases the civil penalty cap from $1,000 to $10,000, and adds a tax-equivalency penalty calculated on what federal taxes and Medicare would have cost if the worker had been an employee. Criminal misdemeanor exposure under Section 15 is also expanded to cover Section 13c violations, making this one of the most aggressive misclassification enforcement frameworks proposed in Michigan to date.
Recommended action: Logistics brokers and carriers operating in Michigan should actively oppose this bill and engage with state legislators to highlight how the ABC test definition and misclassification penalties will disrupt owner-operator contracting.
Last action: Jun 24, 2026 (19 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 defines 'employee' to explicitly include independent contractors who provide services to or through an employer, meaning your owner-operator relationships fall squarely within its scope. Before deploying any load-matching algorithm, dispatch optimization tool, or driver performance scoring system, you would be required to obtain written consent from each covered individual, conduct an annual third-party impact assessment, submit that assessment to a state registry, and distribute it to all affected contractors — with civil penalties for noncompliance. The near-total prohibition on using automated decision tools for employment-related decisions (Section 4) would directly threaten AI-driven dispatch, performance scoring, and carrier selection systems that are central to modern freight brokerage operations.
Recommended action: Logistics brokers should monitor this bill closely and engage with Michigan legislators to seek exemptions or narrowed definitions that exclude owner-operator contracting relationships from the bill's broad coverage.
Last action: Feb 26, 2026 (137 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 and contracted carriers could fall within scope — triggering consent requirements, data retention mandates, annual third-party impact assessments, and written notice obligations before you use any automated dispatch, routing, load-matching, or performance-scoring tool. The bill also broadly defines 'employer' to include third parties and service providers used for employment-related decisions, which could expose brokers using AI-driven freight platforms or TMS tools to direct liability under this act. Non-compliance carries civil sanctions enforced by the Michigan Department of Labor and Economic Opportunity, creating real operational and financial risk for brokers relying on automated tools to match loads, evaluate carrier performance, or manage scheduling.
Recommended action: Logistics brokers should monitor this bill closely and engage with Michigan legislators to clarify or exempt owner-operator arrangements from its sweeping definition of 'employee' and 'employer.'
Last action: May 7, 2026 (67 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 who provide services to or through an employer, meaning your owner-operators could be covered — restricting your ability to contact them about loads, scheduling, or dispatch outside their self-defined 'hours of availability.' Violations carry fines up to $500 per incident plus mandatory overtime compensation at 1.5x the contractor's hourly rate for each hour of required availability, creating real financial exposure for brokers who rely on flexible, real-time communication with carriers. The on-call exception only applies if the worker is compensated for being on call, so standard broker-carrier dispatch practices may not qualify.
Recommended action: Brokers should monitor this bill closely and engage with trade associations to seek an exclusion or clarification for independent owner-operators who set their own schedules.
Last action: Apr 17, 2025 (452 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 a page in the annual income tax instruction booklet explaining employee vs. independent contractor classification rules and to send a notice to every 1099-MISC payee on file — including owner-operators you pay — directing them to the Wage and Hour Division and Attorney General to report suspected misclassification. While it does not change the legal standard for IC classification itself, it actively channels your contracted owner-operators toward enforcement agencies, increasing the likelihood of complaints and investigations against your business. The 1099-MISC notice provision is the most direct operational concern: every payment you report to the state under Section 707 triggers a government-issued nudge to that worker to evaluate whether they were misclassified.
Recommended action: Brokers should monitor this bill and consider opposing it, as it creates a state-directed misclassification education and reporting pipeline that could increase scrutiny and complaints against your 1099 contractor arrangements.
Minnesota (MN) — 16 bills SESSION ENDED · May 18
Last action: Mar 23, 2026 (112 days ago)
7/10 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 payors — which includes freight brokers paying owner-operators — to report every newly engaged independent contractor to the state's centralized work reporting system within 20 calendar days of hiring, using W-9 or equivalent documentation. The change in Section 6 is the critical shift: what was previously a voluntary option ('may report') for private payors becomes a mandatory obligation ('shall report'), with civil penalties of $25 per unreported contractor for second violations and $500 per contractor if noncompliance is found to be a conspiracy. If your brokerage regularly contracts with Minnesota-based owner-operators earning $600 or more annually, you will need a compliance process to track engagement dates and submit timely reports to the state — adding administrative overhead to every new carrier relationship.
Recommended action: Logistics brokers operating in Minnesota should monitor this bill and engage with the legislature to understand compliance costs and push back on the mandatory reporting burden for independent contractor relationships.
Last action: Mar 5, 2026 (130 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 categories from Minnesota Paid Leave Law coverage that directly benefit your operations: (1) any individual in a DOT-regulated position under 49 U.S.C. § 31502 — which covers commercial motor vehicle drivers subject to hours-of-service rules — and (2) any individual employed by a business classified under SIC codes 4212-01 through 4231-02, covering motor freight transportation and warehousing. If your company falls within those SIC codes, your employees would no longer be 'covered employment' subject to paid leave contributions and benefits administration. The bill is stalled — regular session ended May 18, 2026 with no committee action recorded — so monitor for special session activity.
Recommended action: Logistics brokers and motor freight carriers operating in Minnesota should support this bill, as it reduces your paid leave compliance burden by explicitly exempting DOT-regulated transportation workers and employees of motor freight and warehousing businesses (SIC 4212-01 through 4231-02) from Minnesota's Paid Leave Law.
Last action: Mar 2, 2026 (133 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: any individual in a DOT-regulated position under 49 U.S.C. § 31502 (covering hours-of-service and qualifications authority — i.e., commercial drivers), and any individual employed by a business classified under SIC codes 4212-01 through 4231-02, which covers motor freight transportation and warehousing. If your company falls within those SIC codes or employs DOT-regulated drivers, your workforce would no longer constitute 'covered employment' under Minnesota's paid leave mandate, eliminating the associated payroll contribution and administrative obligations. The opt-in provision preserves flexibility for carriers who choose to offer the benefit voluntarily.
Recommended action: Logistics brokers and motor freight carriers operating in Minnesota should support this bill, as it reduces their paid leave compliance burden by exempting DOT-regulated drivers and motor freight workers from Minnesota's Paid Leave Law.
Last action: Apr 1, 2025 (468 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: Section 1 replaces the current neutral multi-test approach to employment classification under Minn. Stat. 181.722 with a rebuttable presumption that any worker is an employee — meaning your business bears the burden of proving IC status, not the reverse. Section 2 preserves the existing seven-factor safe harbor for trucking and messenger/courier operators, which is a meaningful protection for owner-operator relationships if all seven factors are met. The practical risk is that Section 1's broader presumption could be applied in enforcement or litigation contexts beyond the trucking-specific carve-out, creating legal exposure for broker-carrier arrangements that don't perfectly satisfy every safe harbor factor.
Recommended action: Logistics brokers working with Minnesota trucking owner-operators should monitor this bill and engage with industry associations to oppose the rebuttable presumption language in Section 1, which shifts the burden of proof onto businesses to disprove employment status across workers' comp and UI determinations.
Last action: Mar 10, 2025 (490 days ago)
7/10 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 expands Minnesota's centralized work reporting system to require payors — including freight brokers — to report every independent contractor they engage within 20 calendar days of the first date of service, using a W-9 or equivalent form. The definition of 'independent contractor' explicitly includes drivers on digital networks and delivery platforms, which sweeps in owner-operators your business contracts with for $600 or more per year. Failure to report carries civil penalties of $25 per unreported contractor for a second violation and $500 per contractor if the state finds a conspiracy to suppress reporting, creating direct compliance cost and legal exposure for your dispatch and contracting operations.
Recommended action: Logistics brokers operating in Minnesota should oppose this bill and engage with the Health and Human Services committee, as it would impose new mandatory reporting obligations and civil penalties for contracting with owner-operators.
Last action: Mar 5, 2025 (495 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 (Minn. Stat. §181.9445) to add a new exemption — category (5) — for any individual in a position regulated by the U.S. DOT under 49 U.S.C. §31502, which covers commercial motor vehicle drivers subject to federal hours-of-service rules. If enacted, carriers operating in Minnesota would not be required to provide earned sick and safe time to their DOT-regulated drivers, easing a compliance burden that currently creates cost and administrative pressure on your motor carrier partners. Note that the bill did not advance before the session ended May 18, 2026, and would require a special session to move forward.
Recommended action: Logistics brokers and carriers operating in Minnesota should support this bill, as it would exempt DOT-regulated drivers from the state's earned sick and safe time mandates, reducing compliance complexity for your carrier relationships.
Last action: Apr 15, 2026 (89 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 collective bargaining framework — including union certification, mandatory good-faith negotiation, unfair labor practice penalties up to $10,000 per day, and driver data disclosure requirements — specifically for transportation network company (rideshare) drivers, not freight carriers or owner-operators. As written, it does not directly apply to logistics brokers or motor carriers arranging freight, so your broker-carrier contracting model is not immediately threatened. However, the precedent of imposing quasi-employment collective bargaining rights on independent app-based workers in Minnesota could signal future legislative expansion toward owner-operators and last-mile delivery drivers.
Recommended action: Monitor this bill for any amendments that expand its scope beyond TNC rideshare drivers to freight carriers or owner-operators, and engage with MN industry associations to track whether similar collective bargaining frameworks are proposed for the trucking sector.
Last action: Apr 9, 2026 (95 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 defines 'worker' to explicitly include independent contractors and defines 'employer' broadly to cover any entity that exercises control over 'access to work or job opportunities' — language that could sweep in brokers who use automated systems to match, score, or dispatch owner-operators. If your brokerage uses any AI-driven tool for load assignment, carrier performance scoring, or route optimization that influences which contractors get work, you would face 30-day pre-deployment notice requirements, mandatory consent, data retention mandates, impact assessments, and worker rights to contest algorithmic outputs. The bill has stalled in committee with the session ended May 18, 2026, so no immediate compliance action is required, but the broad contractor-inclusive definitions make this a threat worth monitoring if it resurfaces.
Recommended action: Logistics brokers using AI-based load matching, performance scoring, or driver dispatch tools should engage with Minnesota legislators to seek exemptions or narrow the definition of 'employer' and 'worker' to exclude broker-contractor relationships.
Last action: Apr 7, 2026 (97 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 extends 'employment-related decisions' to cover contract-based relationships — meaning your use of geolocation, ELD monitoring, or AI-assisted load assignment tools on owner-operators would trigger mandatory pre-use notice, consent, opt-out rights, 36-month data retention, and commissioner reporting requirements. If you use automated scoring or routing systems that inform dispatch decisions, those qualify as regulated 'automated decision systems' requiring detailed disclosure to each affected contractor. The bill died in the 2026 regular session without advancing past committee, but its explicit inclusion of ICs makes it a meaningful threat worth tracking if reintroduced.
Recommended action: Logistics brokers using geolocation tracking, ELD data, or AI-based dispatch and performance tools should monitor this bill and engage against its broad worker definition that explicitly covers independent contractors.
Last action: Mar 18, 2026 (117 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 includes independent contractors within its definition of 'worker,' meaning any automated system you use to assign loads, score driver performance, set rates, or make dispatching decisions could trigger mandatory 30-day advance notice, affirmative written consent, data retention for 36 months, and submission of notices to the Minnesota Commissioner of Labor and Industry. The broad definition of 'employment-related decision' — covering assignment of work, compensation, and productivity requirements — maps directly onto the tools brokers use to manage carrier relationships and freight operations. While the bill does not reclassify contractors as employees, the compliance infrastructure it demands effectively treats your owner-operator relationships as employment relationships for purposes of AI governance.
Recommended action: Logistics brokers using AI-based load matching, driver scoring, dispatch optimization, or performance monitoring tools should track this bill and engage with the Minnesota legislature to oppose compliance burdens that would apply to owner-operators classified as independent contractors.
Last action: Apr 2, 2025 (467 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 amends Minnesota's earned sick and safe time statute to exempt any individual in a position subject to DOT hours-of-service authority under 49 U.S.C. § 31502 — which directly covers commercial motor vehicle drivers and other DOT-regulated positions your carriers rely on. If enacted, motor carriers operating in Minnesota would not be required to provide earned sick and safe time to these covered drivers, reducing an administrative and cost burden on your carrier partners. The bill has been referred to committee but has not advanced, and the 2026 regular session has ended, making further progress unlikely without a special session.
Recommended action: Logistics brokers and carriers operating in Minnesota should support this bill, as it reduces compliance obligations under the state's earned sick and safe time law for DOT-regulated drivers and personnel.
Last action: Apr 1, 2025 (468 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 industry-by-industry estimates of misclassification rates, financial impact, and enforcement priorities, funded by state appropriations. For logistics brokers, the industry-level reporting requirement in clause (a)(4) is the key risk: if trucking or freight is flagged as a high-misclassification sector, it could directly shape where enforcement resources are directed against your owner-operator relationships. This is a reporting and infrastructure bill, not a direct enforcement action, but it lays the groundwork for targeted audits and legislative pressure — making it worth monitoring as session activity resumes.
Recommended action: Engage with Minnesota legislators on labor committees to ensure freight and logistics contractor arrangements are not swept into the misclassification fraud analysis framework or used to justify future enforcement targeting owner-operators.
Last action: Mar 10, 2025 (490 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 reports estimating misclassification rates by industry, costs to workers, and impacts to UI, workers' comp, and tax programs, with dedicated appropriations to fund that analysis. While it creates no new classification test or penalty on its own, it institutionalizes a government-funded misclassification surveillance framework that identifies industry-specific enforcement targets — and freight and trucking, where owner-operator arrangements are common, are exactly the kind of industry these partnerships historically scrutinize. The immediate risk is indirect: these reports will drive future enforcement priorities and likely be cited to justify stricter legislation targeting your contractor relationships.
Recommended action: Logistics brokers operating in Minnesota should monitor this bill and engage with the legislature to ensure trucking and owner-operator arrangements are not swept into expanded misclassification enforcement priorities driven by these reports.
Last action: Apr 2, 2025 (467 days ago)
5/10 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 new collective bargaining framework exclusively for transportation network company (TNC) drivers — rideshare platforms like Uber and Lyft — and does not directly apply to freight brokers, motor carriers, or owner-operators in the trucking industry. The mechanism is a sector-specific bargaining regime under a new Minnesota Statutes chapter 179B, with unfair labor practice enforcement, mandatory data reporting on driver activity, and exclusive representative certification — none of which apply to your broker-carrier contracting relationships as currently written. However, the bill's logic of granting quasi-labor rights to workers classified as independent contractors could be a legislative template that migrates to freight and last-mile delivery in future sessions, making it worth tracking.
Recommended action: Monitor this bill closely, as collective bargaining rights for TNC drivers could signal legislative appetite for similar frameworks targeting owner-operators in freight — but its direct applicability to your broker-carrier relationships depends on how broadly future bills define covered workers.
Last action: Mar 13, 2025 (487 days ago)
5/10 SCORESUPPORT
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 amends Minnesota Statutes section 181.725 to require 'partnership entities' — likely state agencies or quasi-governmental bodies — to supply businesses with the information needed to correctly classify workers, including UI, workers' compensation, and tax ID details. For logistics brokers engaging owner-operators in Minnesota, this could reduce misclassification exposure by establishing a documented, agency-supported process for confirming proper IC status. The bill does not impose new classification burdens or tests on brokers, making it a modest procedural protection rather than a compliance threat.
Recommended action: Brokers should monitor this bill and consider supporting it, as it creates an affirmative obligation for government partnership entities to provide classification guidance and documentation to businesses arranging independent contractor relationships.
Last action: Mar 13, 2025 (487 days ago)
5/10 SCORENEUTRAL
Individual income and corporate franchise taxes, property taxes, local government aids, sales and use taxes, tax increment financing, special local taxes, and other various taxes and tax-related provisions modified; various tax refunds and credits modified; reports required; and money appropriated.
Individual income and corporate franchise taxes, property taxes, local government aids, sales and use taxes, tax increment financing, special local taxes, and other various taxes and tax-related provisions modified; various tax refunds and credits modified; reports required; and money appropriated.
Status: H: Introduction and first reading, referred to Taxes (Mar 13, 2025)
Assessment: This broad Minnesota tax omnibus bill includes a provision establishing 'nonconformity to certain worker classification rules,' which signals a state-level divergence from federal worker classification standards — a mechanism that could affect how owner-operators contracted through your brokerage are categorized for state tax purposes. The corporate franchise tax disclosure requirement for companies with $250M+ in gross receipts is unlikely to affect most brokers directly but could increase scrutiny of large carrier partners. The remaining provisions — property tax credits, sales tax exemptions, local aids — have no direct operational impact on logistics brokers or carrier contracting.
Recommended action: Monitor the worker classification nonconformity provision to determine whether it conflicts with or reinforces federal IC standards applicable to your carrier relationships.
Missouri (MO) — 6 bills SESSION ENDED · May 15
Last action: May 15, 2026 (59 days ago)
6/10 SCOREOPPOSE
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's definition of 'employer' explicitly sweeps in anyone 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 if your brokerage arranges labor or transportation services at a covered Missouri warehouse distribution center (NAICS 493, 423, 424, or 454110), you could be deemed a co-employer subject to quota disclosure mandates, work-speed data recordkeeping requirements, and anti-retaliation rules. Penalties include civil enforcement by the Department of Labor and a private right of action with potential damages for affected workers. The bill's direct application to transportation and warehousing NAICS codes makes this more operationally relevant to freight brokers than a typical workplace regulation.
Recommended action: Logistics brokers who arrange freight for warehouse distribution center operators should monitor this bill, as its joint-and-several liability provisions and broad 'employer' definition that explicitly includes independent contractors could expose brokers to compliance obligations and penalties tied to their carrier or contractor relationships at covered facilities.
Last action: Apr 15, 2026 (89 days ago)
6/10 SCORESUPPORT
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 definition of 'employee' any owner-operator of a motor vehicle leased or contracted to a for-hire motor carrier operating under USDOT or Missouri DOT authority — a provision that directly protects your broker-carrier contracting model from workers' comp liability exposure. The bill's other changes tighten injury and causation standards (requiring the accident be the 'prevailing factor' in causing the injury, medical condition, disability, AND need for treatment), which narrows compensable claims but has limited direct impact on brokers since your owner-operators already fall outside coverage. The primary broker-relevant value here is that this bill carries forward the motor carrier owner-operator exclusion intact, reinforcing that independent truckers you contract with are not covered employees under Missouri workers' comp law.
Recommended action: Logistics brokers should monitor this bill and support its passage, as it preserves and potentially reinforces the explicit workers' compensation exclusion for owner-operators of leased or contracted motor vehicles.
Last action: Mar 10, 2026 (125 days ago)
6/10 SCORESUPPORT
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 creates a statutory IC classification for delivery network company drivers — stating explicitly that a driver 'is an independent contractor and not an employee of a delivery network company for all purposes' — which is a pro-broker protection. It also includes a provision (§379.2015(10)) stating that a delivery network company shall not be deemed to control, direct, or manage a driver except by written contract, which limits joint-employer exposure. However, the bill's primary operative requirements target delivery network companies specifically (app-based last-mile platforms), so traditional freight brokers using owner-operators under carrier agreements are less directly affected, making this a WATCH rather than a high-urgency item.
Recommended action: Brokers and carriers operating delivery network platforms in Missouri should support this bill, as it explicitly classifies drivers as independent contractors and limits platform liability for vehicle control.
Last action: Feb 24, 2026 (139 days ago)
6/10 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 Missouri bill creates a new insurance structure for 'delivery network companies' — app-based platforms connecting customers to drivers for goods delivery — requiring primary liability coverage of at least $50K/$100K/$25K during active delivery and availability periods, with the company's policy stepping in if the driver's coverage lapses. Critically, the bill explicitly states that delivery network company drivers are independent contractors, not employees, which is a pro-IC classification protection your business should note. However, the bill targets last-mile consumer delivery platforms rather than traditional freight brokerage or motor carrier operations, so its direct operational impact on your business is limited unless your company operates or contracts with app-based delivery networks in Missouri.
Recommended action: Monitor this bill to assess whether its delivery network company insurance framework could be extended to or interpreted to cover broker-arranged freight movements using app-based dispatch platforms.
Last action: Feb 11, 2026 (152 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 modifies Missouri's workers' compensation standards primarily by replacing the 'prevailing factor' causation standard with a 'substantial factor' standard — making it easier for workers to establish compensable claims — and by reinstating the pre-2005 'extension of premises' doctrine for commuting injuries. Critically for your operations, Section 287.020 preserves the explicit exclusion of owner-operators who own and lease their vehicle to a for-hire motor carrier operating under USDOT authority, and Section 287.043 reaffirms case law protecting the 'owner' classification for independent truckers. The practical risk is that the broader 'substantial factor' causation standard increases overall workers' comp claim exposure for any workers you do employ, but the owner-operator exclusion shields your contracted carriers from being swept into coverage obligations.
Recommended action: Monitor this bill for any amendments that could affect the owner-operator exclusion under Missouri workers' compensation law, and engage with your Missouri counsel to confirm the IC carve-out remains intact as enacted.
Last action: Jan 27, 2026 (167 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 statute and explicitly preserves the owner-operator exclusion in §287.020, which states that 'employee' does not include an owner-operator of a motor vehicle leased or contracted to a for-hire motor carrier — a direct protection for your broker-carrier contracting model. The substantive changes focus on tightening injury causation standards (requiring accidents to be the 'prevailing factor' over all other factors combined) and narrowing compensable occupational diseases, which primarily affect employers with W-2 workforces rather than brokers using independent contractors. However, because the bill touches the definition of 'employee' in a workers' comp context and Missouri carriers you contract with must comply with this statute, you should confirm the owner-operator carve-out survives the final enrolled version unchanged.
Recommended action: Monitor this bill to confirm that the owner-operator exclusion in §287.020 is preserved as written, and assess whether tightened injury and causation standards affect any workers' comp coverage obligations your Missouri carrier partners carry.
New Jersey (NJ) — 10 bills IN SESSION · thru Dec 31
Last action: Jan 13, 2026 (181 days ago)
9/10 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 uses the Legislature's constitutional authority to declare the NJ Department of Labor and Workforce Development's proposed ABC test rule amendments (N.J.A.C. 12:11) inconsistent with legislative intent — and gives the agency 30 days to withdraw or amend them or face invalidation. The proposed rules your business should be concerned about include: treating use of digital apps or software as evidence of employer control (N.J.A.C. 12:11-1.3(c)(2)(i)(3)), disregarding liability insurance as a marker of independent contractor status (N.J.A.C. 12:11-1.5(h)), classifying transportation network drivers' vehicles as the employer's place of business to eliminate the 'B' prong escape route (N.J.A.C. 12:11-1.4(d)(1)), and dismissing key IC indicators like 1099 filing, multi-client work, and professional licensure in favor of an employment presumption (N.J.A.C. 12:11-1.5(f) and 1.6(b)). If this resolution succeeds, it preserves the existing ABC test framework and blocks rules that would have made owner-operator arrangements far more vulnerable to reclassification challenges in New Jersey.
Recommended action: Logistics brokers and carriers operating in New Jersey should actively support this resolution, as it directly blocks NJ DOLWD rules that would have made it significantly harder to classify owner-operators as independent contractors under the ABC test.
Last action: Jan 13, 2026 (181 days ago)
8/10 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 core of New Jersey's Unemployment Compensation Law where the employment vs. independent contractor classification test lives — the same statute that enforces NJ's ABC test, which currently makes it difficult to classify owner-operators as ICs. The bill's title signals a revision to that test, and its Republican sponsorship suggests a move toward a less restrictive, control-based standard that would benefit your broker-carrier model. The operative classification language was truncated, so you should obtain the full enrolled version to confirm the specific test being substituted before taking a public position.
Recommended action: Monitor this bill closely and engage with NJ legislative sponsors to confirm the revised classification standard protects independent contractor arrangements for owner-operators under state unemployment law.
Last action: Jun 30, 2026 (13 days ago)
7/10 SCOREOPPOSE
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 imposes per-employee Medicaid fees of $325–$725 on employers with 50+ workers on State Medicaid, but critically defines 'employee' using R.S.43:21-19 — New Jersey's unemployment insurance statute, which applies a multi-factor ABC-style test — and places the burden on employers to prove IC status. If your owner-operators fail that test, you become liable for the fee plus up to $500/day in penalties and misclassification penalties under P.L.2019, c.373. Given New Jersey's aggressive posture toward IC reclassification in 2026, the burden-shifting provision in this bill is a direct threat to broker-carrier arrangements where any owner-operator might be found to be an 'employee' for purposes of fee assessment.
Recommended action: Logistics brokers operating in New Jersey should oppose this bill and engage with the NJ legislature to ensure the independent contractor exclusion is robust and that the ABC test-based burden-of-proof standard does not expose brokers to misclassification liability.
S2782 / A1511
RECENT ACTIVITY
Last action: Jun 18, 2026 (25 days ago)
7/10 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 a written-agreement-based safe harbor that shields certain licensed professionals from NJ's ABC test and wage-hour laws, but its protection for motor carrier operators is narrowly limited to drivers picking up or delivering freight from marine terminals or rail facilities — leaving last-mile delivery drivers and most owner-operators fully exposed to the DOL's stricter ABC test rule scheduled to take effect October 1. As currently written, the bill does nothing to cancel or preempt that DOL rulemaking, which is the core threat to your operations in New Jersey. The more impactful fix for your business would be separate legislation that repeals the ABC test statewide or explicitly voids the October 1 DOL rule, and you should engage legislators on that alternative rather than treating this bill as sufficient relief.
Recommended action: Monitor this bill closely and advocate for an amendment that explicitly extends its ABC test override to last-mile delivery drivers and all owner-operators — not just marine terminal and rail facility freight drivers.
Last action: Feb 5, 2026 (158 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 the NJ Department of Labor, explicitly tasked with coordinating enforcement of misclassification violations across wage and hour laws, unemployment compensation, temporary disability, and workers' compensation — the exact statutes that govern how your independent owner-operators are classified in New Jersey. The self-funding mechanism is the sharpest concern: fines and penalties collected flow directly back into enforcement operations, creating a financial incentive structure that will drive increased audit activity targeting broker-carrier arrangements. With co-located Deputy AGs embedded in the department, New Jersey is building a centralized, well-resourced enforcement infrastructure that raises your exposure risk any time an owner-operator's classification is questioned under any of the enumerated statutes.
Recommended action: Logistics brokers using New Jersey owner-operators should monitor this bill and engage with trade associations to flag its misclassification enforcement implications.
Last action: Jan 13, 2026 (181 days ago)
7/10 SCORESUPPORT
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 requires contracting agents — which could include logistics brokers operating digital freight platforms — to contribute at least 15% of each worker's monthly earnings into portable benefits accounts, covering workers' comp or occupational accident insurance, health insurance, PTO, and retirement. Section 8 contains a critical protection: the contribution requirement cannot be used to reclassify workers or establish an employment relationship under New Jersey unemployment law, which is a meaningful safe harbor for your IC model. However, the mandatory 15% contribution, private right of action for noncompliance, and department-imposed fees create real cost and enforcement exposure for any NJ-based digital freight brokerage that dispatches owner-operators working 40+ hours per month through an app or online platform.
Recommended action: Brokers operating digital marketplace platforms in NJ should support this bill because Section 8 explicitly preserves IC status, but must monitor implementation rules that impose a 15% payroll-equivalent contribution mandate and compliance fees.
Last action: Jan 13, 2026 (181 days ago)
7/10 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: This bill amends New Jersey's Unemployment Compensation Law to revise the factors used to determine employment versus independent contractor status — a direct concern for logistics brokers who rely on owner-operators. The bill's full classification language was truncated before the critical amended provisions could be reviewed, making it impossible to confirm whether the revised factors move toward a more permissive control-based test or impose a stricter ABC-style standard. Given that NJ currently applies an ABC test for UC purposes, any revision to those factors — in either direction — could materially affect your contractor relationships and UI tax exposure.
Recommended action: Monitor this bill closely and review the complete amended classification language in R.S.43:21-19(i) to determine whether revised factors expand or restrict independent contractor use under NJ unemployment law.
Last action: Mar 10, 2026 (125 days ago)
6/10 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 bill requires providers and brokers of commercial financing — including factoring transactions and closed-end equipment financing — to make detailed APR, finance charge, and fee disclosures to business recipients in New Jersey. If your brokerage arranges freight financing, factoring for carriers, or equipment loans, you may qualify as a 'broker' under the act's definition and face mandatory disclosure obligations at the time of each specific offer. The compliance burden is moderate but real: broker fees owed to third parties must be separately disclosed, and failure to follow prescribed formats could trigger regulatory action by the Commissioner of Banking and Insurance.
Recommended action: Monitor this bill for final passage and review whether your factoring arrangements, equipment financing referrals, or broker fee disclosures fall within the definition of 'commercial financing' and 'broker' under the act.
Last action: Jun 23, 2026 (20 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 administered by the NJ Office of Emergency Management that allows private entities — including logistics brokers and motor carriers — to pre-register employees, independent contractors, and volunteers for travel authorization during declared states of emergency. The definition of 'essential employee' explicitly includes independent contractors, meaning owner-operators can be enrolled without triggering any reclassification risk. Failure to register could mean your drivers are stopped or turned back during emergencies, creating service disruptions and contract liability, so proactive enrollment is in your operational interest.
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.
Last action: Jun 1, 2026 (42 days ago)
5/10 SCORENEUTRAL
Establishes fully autonomous vehicle pilot program.
Establishes fully autonomous vehicle pilot program.
Status: S: Introduced in the Senate, Referred to Senate Transportation Committee (Jan 13, 2026)
Assessment: This bill establishes a five-year NJ pilot program for fully autonomous vehicles, including commercial trucks, requiring a $5 million liability insurance or surety bond per vehicle, operator licensing, collision reporting within 48 hours, and compliance with department-set speed and weight restrictions on designated highways. For logistics brokers and carriers, the platooning provision is notable — it authorizes Level 5 automation for following trucks without a human driver, which could reshape owner-operator dynamics on NJ highways over time. The compliance requirements — bonding, registration, mandatory data reporting, and operator training obligations — are directly applicable to fleet service providers and autonomous vehicle testers operating commercial trucks, making this worth tracking as the regulatory framework develops.
Recommended action: Monitor this bill to understand how autonomous commercial truck and platooning regulations under the pilot program may affect carrier compliance obligations and operational authority in New Jersey.
New York (NY) — 11 bills SESSION ENDED · Jun 5
Last action: Mar 30, 2026 (105 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 new stop-work order authority allowing NY's Commissioner of Labor to halt all business operations at every worksite where misclassification of independent contractors is found — a direct threat to broker and carrier operations that rely on owner-operators. Non-compliance with a stop-work order carries penalties of $1,000–$5,000 per day, successorship liability that can follow your business through restructuring, and a mandatory pay obligation to affected workers during the order period. With Democratic Socialist gains in the 2026 NY primaries signaling a more aggressive legislative posture toward contractor arrangements next session, this bill or a strengthened version is likely to return with increased momentum.
Recommended action: Engage your NY state industry association and legal counsel to oppose this bill or seek transportation-specific carve-outs before the next legislative session begins.
Last action: Jan 7, 2026 (187 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 imposes a full ABC test — all three prongs must be satisfied for a worker to qualify as an independent contractor — across New York's Unemployment Insurance law, wage and hour law, minimum wage law, and Workers' Compensation law simultaneously. Prong B is the critical threat: your owner-operators perform trucking, which is the core of your business, meaning they will almost certainly fail the 'outside the usual course' prong and be reclassified as employees. Although the 2025-26 session has ended, recent Democratic Socialist primary victories signal the next legislature will be even more hostile to IC arrangements, making early opposition engagement essential.
Recommended action: Logistics brokers should oppose this bill and engage New York trade associations to fight its advancement in the next legislative session.
Last action: Jan 7, 2026 (187 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 strict ABC test across New York's Labor Law (unemployment insurance, wage and hour, minimum wage) and Workers' Compensation Law — requiring your business to prove all three prongs to use independent contractors: (A) the driver is free from your control in fact, (B) the work is outside your usual course of business, and (C) the driver operates an independently established trade. Prong B is the critical threat — arranging freight transportation is your core business, meaning every owner-operator you contract with would likely be reclassified as an employee, triggering payroll taxes, workers' comp premiums, and wage and hour liability. Although the 2026 session has ended without passage, the bill's sponsors and a newly elected Democratic Socialist majority signal this will return in 2027 with stronger momentum, making early opposition critical.
Recommended action: Logistics brokers should oppose this bill and engage New York trade associations to resist its reintroduction in the 2027 session, where a more progressive legislature may accelerate its passage.
Last action: Jun 5, 2026 (38 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 grants the NY Commissioner of Labor and Workers' Compensation Board authority to issue stop-work orders halting all business operations at every worksite where a violation occurs — triggered by wage violations exceeding $1,000 in aggregate or knowing failures to maintain workers' compensation coverage. For brokers arranging freight with carrier partners in New York, a stop-work order issued against a carrier could immediately freeze pickup and delivery operations, and the bill's successor-liability provision means corporate restructuring provides no escape. Daily non-compliance penalties of $1,000–$5,000 compound the exposure, and the incoming wave of Democratic Socialist legislators in New York signals this type of enforcement-first legislation will only intensify in the 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, which could halt freight operations over wage or workers' comp findings.
Last action: Apr 7, 2026 (97 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 attorneys general mechanism under New York labor law, allowing workers who claim they were misclassified as independent contractors — explicitly included in the 'affected employee' definition — to sue employers directly and collect civil penalties of $500 per employee per pay period per violation on behalf of the state. For logistics brokers who contract with owner-operators, this means unions, labor organizations deputized by the state, or individual drivers claiming misclassification could initiate enforcement actions without waiting for the Department of Labor to act, with mandatory attorney fee-shifting tilting the economics heavily toward plaintiffs. The political environment in New York is trending more hostile toward independent contractor arrangements, making re-introduction or passage in a future session a credible threat that warrants active opposition now.
Recommended action: Logistics brokers operating in New York should monitor this bill closely and engage industry associations to oppose it, as it would dramatically expand enforcement exposure for misclassification claims through private litigation.
Last action: Mar 9, 2026 (126 days ago)
8/10 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 creates a specific 'Public Goods and Medicaid Surcharge on Misclassified Workers,' meaning that if any worker your business treats as an independent contractor is deemed misclassified under New York law, your company faces an additional tax surcharge on top of existing penalties — raising the financial stakes of contractor relationships in the state. Beyond the misclassification surcharge, the bill also imposes a 10.2% franchise tax surcharge on business corporations with 50+ employees that do not offer ACA-equivalent health benefits, which could affect larger brokerage operations depending on how employee counts are calculated. With recent Democratic Socialist gains in New York legislative elections, the political environment suggests even more aggressive anti-IC legislation in the next session, making this bill a leading indicator of future risk rather than an isolated threat.
Recommended action: Logistics brokers and carriers operating in New York should oppose this bill and engage with any special session activity, as the misclassified worker surcharge directly targets the independent contractor model with new financial penalties.
Last action: Dec 24, 2025 (201 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 employees, unions, and state-deputized labor organizations to sue employers — including brokers — for civil penalties of $500 per affected worker per pay period per violation, with mandatory attorney fee-shifting to prevailing relators. Critically, the 'affected employee' definition explicitly includes workers who 'claim to be an employee' despite contractor classification, meaning owner-operators or last-mile drivers could trigger enforcement actions alleging misclassification under NY Labor Law Articles 6 and 19. The bill also voids arbitration agreements and class action waivers for public enforcement claims unless collectively bargained, removing a key defense brokers currently rely on to limit litigation exposure. While the session has ended and the bill failed to advance, the Democratic Socialist gains in recent NY primaries signal this type of legislation will return in a stronger form in the next session.
Recommended action: Brokers should monitor this bill and engage industry associations to oppose it, as it creates a private enforcement mechanism that dramatically increases litigation exposure for misclassification and wage claims involving owner-operators.
Last action: Jun 3, 2026 (40 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 state permitting, reporting, and mitigation program for qualifying warehouses (50,000+ sq ft or 500,000+ sq ft in aggregate statewide), requiring air pollution reduction plans, annual registration fees, and detailed subcontractor disclosure — including identification of any contractor conducting more than 10% of delivery trips. Although the primary compliance burden falls on warehouse operators, the mandatory subcontractor reporting and the feasibility study on zero-emissions delivery zones signal a regulatory pipeline that could directly restrict diesel-powered owner-operators and carriers from accessing major freight destinations in New York. With Democratic Socialist gains in the 2026 NY primaries, expect follow-on legislation next session that converts this study framework into enforceable zero-emissions zone restrictions with entry fees or outright diesel bans — a direct threat to your carrier network economics in the state.
Recommended action: Logistics brokers and carriers serving New York warehouse clients should monitor this bill as a precursor to zero-emissions zone mandates and fleet electrification requirements that could raise operating costs and restrict diesel truck access.
Last action: Feb 12, 2026 (151 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 defines 'worker' to explicitly include independent contractors, meaning any automated system your brokerage uses to assign loads, score carrier performance, set productivity quotas, or trigger deactivation decisions would trigger pre-use and post-use written notice requirements, data access rights, and human-review mandates before deactivation. Penalties of $500 per violation apply per worker per incident, and the bill bars using ADS output as the sole or primary basis for deactivation without a human reviewer — directly impacting how most broker dispatch and carrier management platforms operate. The session has ended for 2026 without passage, but the political environment in New York signals this type of legislation will return in a stronger form next session.
Recommended action: Brokers using algorithmic dispatch, automated load matching, performance scoring, or deactivation systems should track this bill and engage with trade associations to flag operational compliance costs.
Last action: Jan 7, 2026 (187 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's Workers' Compensation Law to extend personal, joint, and several liability for workers' compensation award payments to members of LLCs and partners of LLPs and partnerships — not just corporate officers. If your brokerage operates as an LLC or partnership and a carrier or worker relationship triggers an uninsured employer claim, your individual members or partners could face direct personal financial liability. Given the Democratic Socialist gains in New York's 2026 primaries signaling a more aggressive enforcement environment ahead, this is a meaningful liability expansion worth tracking into the next legislative session.
Recommended action: Brokers operating as LLCs or partnerships in New York should monitor this bill and oppose it through industry associations, as it exposes members and partners to personal liability for workers' compensation violations.
Last action: Jan 7, 2026 (187 days ago)
6/10 SCOREOPPOSE
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 prohibit 'abuse of dominant position' in labor markets, explicitly including conduct carried out through independent contractors or other intermediaries — meaning a large broker with 30%+ market share as a buyer of carrier services could be presumed dominant and face liability for common contracting terms like exclusivity arrangements, rate restrictions, or non-disclosure clauses. The bill also authorizes class action lawsuits and allows the Attorney General to define new presumptively illegal restraints through rulemaking, creating ongoing regulatory exposure beyond what the statute currently specifies. While the bill exempts firms with 100 or fewer employees, larger brokers and 3PLs operating in concentrated freight lanes face genuine risk that routine broker-carrier contract terms could be challenged as anticompetitive monopsony conduct.
Recommended action: Brokers should monitor this bill and engage trade associations to oppose provisions that could expose large freight brokers to antitrust liability for standard contracting practices with carriers and owner-operators.
Pennsylvania (PA) — 7 bills IN SESSION · thru Nov 30
Last action: Apr 9, 2025 (460 days ago)
10/10 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 industries outside construction in Pennsylvania, requiring workers to meet all three prongs — written project-specific contract, freedom from control, and customarily engaged in an independent business — plus five sub-criteria to qualify as ICs under workers' compensation and unemployment compensation law. Critically, Section 4(e) exposes brokers to full employer-level penalties if they contract with a carrier 'knowing' misclassification will occur, creating direct joint-liability risk for your brokerage even though you don't employ the drivers. The bill also authorizes stop-work orders, criminal penalties up to felony-level for repeat violations, treble-damages private lawsuits, and financial audits — a enforcement arsenal that would significantly threaten your ability to use owner-operators in Pennsylvania.
Recommended action: Logistics brokers operating in Pennsylvania should actively oppose this bill and engage with the legislative process through industry associations and direct lobbying.
Last action: Sep 10, 2025 (306 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: This bill buries an ABC test inside its definition of 'employ' — a worker is presumed an employee unless all three prongs are met: free from control, performing work outside the usual course of business, and independently established in that trade. That standard is nearly impossible to satisfy for owner-operators hauling your freight, meaning your contracted carriers could be deemed employees subject to up to 10 days of paid climate-emergency leave at regular wages plus a $1,000-per-violation administrative penalty. Even though the primary mechanism is a paid leave mandate, the ABC classification standard embedded in the definitions is the larger operational threat to your independent contractor model in Pennsylvania.
Recommended action: Logistics brokers should oppose this bill because its embedded ABC test would reclassify your owner-operators as employees, triggering paid leave obligations and penalty exposure.
Last action: Jun 24, 2025 (384 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: Pennsylvania SB 894 adds Section 304.3 to the Workers' Compensation Act, establishing a voluntary registration system where a business can file with the state department to document an individual's IC status — anchored to federal income tax classification — and obtain a written waiver and affidavit from that individual waiving all workers' comp benefits and Uninsured Employers Guaranty Fund eligibility. Once registered, your business is explicitly relieved of workers' comp insurance obligations and benefit liability for that contractor, providing a formal safe harbor that currently does not exist under the Act. This is a meaningful protection for brokers and carriers relying on owner-operators, as it converts an informal IC arrangement into a state-registered, legally documented status — reducing misclassification exposure in the workers' comp context, though it expressly does not affect the Construction Workplace Misclassification Act.
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 your business from workers' compensation liability for properly registered independent contractors.
Last action: Mar 30, 2026 (105 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: This bill embeds a strict ABC test in its definition of 'employee,' meaning a worker is presumed an employee unless all three prongs are met — including that the work is outside the usual course of the hiring party's business, a standard that owner-operators hauling freight for brokers would likely fail. If a court applies this definition to broker-carrier relationships, your independent contractor arrangements could be reclassified, exposing your business to workplace bullying liability, punitive damages, attorney fees, and a three-year civil action window. The bill's employer liability provisions, which hold you responsible for conduct by anyone defined as your employee, compound the financial risk significantly.
Recommended action: Brokers should oppose this bill and engage Pennsylvania legislators to clarify that independent owner-operators are excluded from its ABC-test employee definition.
Last action: Jun 18, 2025 (390 days ago)
7/10 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 enforcement coordination structure — linking the Department of Labor and Industry, Department of Revenue, and Office of Attorney General — specifically to pursue misclassification investigations, with state tax data sharing fueling cross-agency audits. For logistics brokers using Pennsylvania-based owner-operators, this means a higher likelihood that IC arrangements will be scrutinized simultaneously across workers' comp, unemployment, and labor law compliance channels. The working group's quarterly coordination cadence and authority to loop in local district attorneys signals a deliberate escalation in enforcement infrastructure, not just a study committee.
Recommended action: Engage Pennsylvania legislators and industry associations to monitor this working group's enforcement recommendations and push back on any future rulemaking that targets broker-carrier IC arrangements.
Last action: Jun 24, 2026 (19 days ago)
6/10 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: This bill's disclosure requirement — reporting whether AI or technology drove WARN Act layoffs — has minimal direct impact on logistics brokers, but buried in the definitions section is an ABC test for worker classification: a worker is presumed an employee unless all three prongs are met, including that the work falls outside the employer's usual course of business. If this definition of 'employ' is applied broadly under Pennsylvania law, it could be used to challenge your independent owner-operator relationships. The civil penalties of up to $5,000 per day for larger employers add enforcement teeth that increase your exposure if contractor arrangements are scrutinized under this standard.
Recommended action: Brokers should monitor this bill and engage with the PA legislature to oppose the embedded ABC test definition of 'employ,' which could expose broker operations to reclassification risk under Pennsylvania law.
Last action: Sep 2, 2025 (314 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 an ABC test directly into its definition of 'employ,' meaning any owner-operator or contractor who performs work within your usual course of business — or who lacks an independently established trade — would be classified as your employee for purposes of heat protection compliance. Beyond the classification risk, all covered employers must develop and maintain written heat illness prevention plans, provide paid rest breaks and training, conduct annual plan reviews, and implement additional mandatory protocols when heat index reaches 90°F — creating measurable administrative and operational costs for brokers and carriers with Pennsylvania workers. The ABC-test definition is the sharpest threat: it could expose brokers to heat-standard enforcement liability for owner-operators they do not directly supervise.
Recommended action: Logistics brokers and carriers with Pennsylvania-based drivers or warehouse workers should monitor rulemaking closely and engage with the Department of Labor and Industry during the regulation development process to shape workable compliance standards.
United States Congress (US) — 22 bills
Last action: Mar 5, 2026 (130 days ago)
9/10 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 creates a federal mandatory IC classification framework that is strongly pro-broker: owner-operators who operate as business entities, bona fide sole proprietors, or formal bona fide contractors — all common structures in freight — are automatically classified as independent contractors under Section 103, with no multi-factor balancing or ABC test that regulators can use to override that status. The mandatory employee trigger under Section 104 requires a 'substantial economic relationship' with very specific conditions — payor-controlled hours, 75%+ time-based pay, and 4+ consecutive weeks substantially full-time — criteria that standard broker-carrier arrangements typically do not meet. The bill also imports this classification framework into the FLSA and NLRA under Title II, which would displace the economic-realities and common law tests currently used by DOL and NLRB to reclassify contractors as employees. The primary risk: this is sponsored solely by Sen. Lee (R-UT) and currently in committee with no reported co-sponsors, making near-term passage unlikely — but it represents the clearest federal IC protection bill introduced in years and is worth active support.
Recommended action: Engage with Senator Lee's office and industry associations to back this bill, as it would lock in federal IC protections that directly shield your owner-operator contracting model from reclassification risk.
Last action: Oct 8, 2025 (278 days ago)
9/10 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 is a direct win for logistics brokers: it establishes a two-prong behavioral-control test under the FLSA — an individual is an IC if the hiring party does not exercise significant control over work details AND the individual bears entrepreneurial risk — and explicitly bars regulators from using insurance requirements, safety standards, or contractual performance deadlines as factors pointing toward employee status. Critically, it imports this same pro-IC standard into the NLRA and simultaneously restricts joint employer liability to situations where a company directly, actually, and immediately controls essential employment terms like hiring, firing, and daily supervision — meaning your broker-carrier contracting relationships are far less exposed to joint employer claims. Sponsored entirely by Senate Republicans (Scott, Tuberville, Cramer, and others) with the majority party in control of both chambers and the White House, this bill has a realistic path forward, though the small margins and any union-friendly drift in the caucus could stall it.
Recommended action: Engage with your trade associations and Senate Republican contacts to push for passage, as this bill directly protects your independent contractor arrangements under both the FLSA and NLRA.
Last action: Mar 5, 2025 (495 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 imposes a three-prong ABC test under the NLRA — your owner-operators must satisfy all three conditions (free from control, service outside the usual course of your business, and independently established trade) to retain IC status, making reclassification as employees far more likely. It also codifies an expansive joint employer standard under which indirect, reserved, or even unexercised control over terms and conditions of employment can make you a co-employer of your carriers' drivers — exposing your brokerage to collective bargaining obligations and unfair labor practice liability. Though sponsored entirely by minority-party Democrats and unlikely to advance under the current Republican-controlled Congress, the ABC test and joint employer provisions represent the most serious structural threat to the broker-carrier contracting model and should be tracked closely in case political conditions change.
Recommended action: Logistics brokers should actively oppose this bill and support industry associations lobbying against it, as it directly threatens the independent contractor model that underpins broker-carrier operations.
Last action: Mar 5, 2025 (495 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 is a direct threat to your business model on two fronts: Section 101(b) codifies a full ABC test into the NLRA, meaning your owner-operators can only remain independent contractors if their work falls outside your usual course of business — a standard many broker-carrier relationships cannot meet. Section 101(a) expands joint employer liability under the NLRA to include indirect, reserved, or de facto control, which could expose your brokerage to union organizing and collective bargaining obligations based on how you structure load assignments and contracts with carriers. That said, this bill is sponsored entirely by Senate Democrats and has zero Republican co-sponsors, making passage under the current Republican-controlled Congress extremely unlikely — but it signals the legislative direction Democrats will push if the political balance shifts.
Recommended action: Logistics brokers should oppose this bill and engage trade associations to communicate its threat to the independent contractor model that underpins freight brokerage operations.
Last action: Feb 20, 2026 (143 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 amends both the FLSA and NLRA to establish a two-prong control-based test for IC status: if you don't exercise significant control over how work is performed and the worker bears entrepreneurial risk, they are classified as an independent contractor — full stop. Critically, it also prohibits regulators from using compliance requirements, insurance mandates, safety standards, or performance deadlines as evidence of employment, which are exactly the kinds of factors that have been weaponized against broker-carrier arrangements in misclassification disputes. All five sponsors are Republicans, the bill aligns with the current majority's general direction, but given that Republicans have recently shown some deference to union priorities, passage is not guaranteed and bears close monitoring.
Recommended action: Engage your trade association and congressional contacts to support this bill, as it would codify a control-based IC test that directly protects your owner-operator contracting model under both FLSA and NLRA.
Last action: Jul 8, 2025 (370 days ago)
8/10 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 explicitly bars any federal agency or court from using the provision of portable benefits — including benefits portable across gigs, employee-type benefits, or financial contributions made on behalf of workers — as a factor when determining employment status under any federal law, which directly shields brokers who want to offer owner-operators health, retirement, or other benefits without converting those contractors into employees. All four sponsors (Cassidy, Tuberville, Scott, Budd) are Republicans, aligning with the current majority, but the bill sits in the Senate HELP Committee and has no House companion yet, making near-term passage uncertain. If enacted, this is a meaningful pro-IC safe harbor that removes one of the most significant disincentives brokers face when considering benefit programs for their contractor networks.
Recommended action: Brokers should actively support this bill and urge their trade associations to engage Senate HELP Committee members, as it directly protects the ability to offer owner-operators portable benefits without triggering reclassification risk.
Last action: Jun 26, 2025 (382 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 of this bill establishes a two-prong control-based 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 explicitly prohibits using insurance requirements, safety standards, regulatory compliance mandates, or performance deadlines as factors pointing toward employment status, all of which are common in broker-carrier contracts. The bill also imports that same IC standard into the NLRA and codifies a narrow joint employer rule requiring direct, actual, and immediate control over essential employment terms — meaning brokers who do not hire, fire, set pay, or supervise owner-operators day-to-day would be shielded from joint employer liability. Sponsored entirely by House Republicans with the majority party in control of both chambers and the White House, this bill has a realistic legislative path, making it worth active monitoring and industry support.
Recommended action: Logistics brokers should support this bill and engage their congressional contacts, as it would lock in a behavioral-control IC test under both the FLSA and NLRA and sharply restrict joint employer liability exposure.
Last action: Jan 3, 2025 (556 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 new prerequisite for class certification: the claim cannot allege misclassification of employees as independent contractors — effectively barring misclassification claims from ever reaching class action status. For logistics brokers, this is a significant procedural protection, as the threat of class-wide misclassification suits against broker-arranged owner-operators is one of the largest litigation risks your business faces. The bill was introduced by Rep. Biggs (R-AZ), a Republican, giving it a viable path in the current majority, though its narrow scope and lack of co-sponsors at introduction means it will require coalition-building and committee momentum to advance.
Recommended action: Engage with your congressional representatives and industry associations to support passage of this bill, as it directly shields your contractor-based model from the most financially dangerous form of misclassification litigation.
Last action: Jun 2, 2026 (41 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 would require any business with $100M or more in gross receipts that contracts with 10,000 or more individuals for services to treat all payments to those contractors as wages for FICA withholding purposes — and doubles the employer-side payroll tax rate under IRC §3111, effectively quadrupling the total FICA burden on those arrangements. For large logistics brokers who engage thousands of owner-operators, this creates a direct financial hit and administrative compliance obligation without legally reclassifying contractors, but functionally treating them as employees for tax purposes. The bill is sponsored entirely by minority-party Democrats and has no Republican co-sponsors, making passage in the current Congress extremely unlikely — but it signals legislative appetite for taxing large-scale contractor relationships and warrants monitoring.
Recommended action: Brokers meeting the $100M gross receipts and 10,000-contractor thresholds should monitor this bill and engage industry associations to oppose it, as it would impose significant payroll tax withholding burdens on large broker-carrier arrangements.
Last action: Apr 9, 2026 (95 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 raises the federal minimum liability insurance floor for property-carrying motor carriers from $750,000 to $5,000,000 — a 567% increase — and mandates quinquennial inflation adjustments tied to medical care costs going forward. For your business, this means the owner-operators and small carriers in your network face dramatically higher insurance premiums, which will reduce available capacity, force some carriers out of the market, and ultimately drive up the cost of every load you arrange. All six sponsors (Garcia, Tran, Huffman, Garamendi, Cohen, Johnson of Georgia) are Democrats, making passage under the current Republican-controlled House, Senate, and White House unlikely in the near term — but the bill establishes a legislative baseline that could advance if political conditions shift.
Recommended action: Logistics brokers should monitor this bill and engage industry associations to oppose it, as the insurance cost increase would directly pressure carrier capacity and broker-arranged freight rates.
Last action: Feb 20, 2026 (143 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: H.R. 1320 creates a federal safe harbor stating that providing portable benefits — including health insurance, paid leave, retirement savings, or workers' comp-style coverage — to an independent contractor cannot be used as evidence of an employment relationship under any federal law, eliminating a key deterrent that currently discourages brokers from offering benefits to owner-operators. Sponsored by Republicans Kiley and Messmer, this bill aligns with the current House and Senate majority, giving it a realistic but not guaranteed path forward; monitor committee activity in Education and Workforce. If enacted, your business gains the freedom to offer supplemental benefits to contracted carriers and owner-operators without triggering reclassification exposure under the FLSA, NLRA, or other federal statutes.
Recommended action: Logistics brokers should support this bill and urge their Congressional contacts to advance it, as it directly removes a classification risk created when brokers or carriers voluntarily offer benefits to owner-operators.
Last action: Jan 13, 2026 (181 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 be established only when a company directly, actually, and immediately exercises significant control over essential employment terms — hiring, firing, pay, scheduling, and discipline — of another employer's workers. For logistics brokers, this is a meaningful protection: under current law, ambiguous agency interpretations of joint employer status have threatened to make brokers liable for the labor practices of the independent carriers and owner-operators they contract with. Sponsored by Rep. Comer (R-KY) with Republicans holding the House, Senate, and Presidency, this bill has a viable but uncertain path — watch for committee movement and whether Republican outreach to unions stalls momentum.
Recommended action: Logistics brokers should support this bill and urge their trade associations to back it, as it would codify a strict direct-control standard that shields brokers from joint employer liability under both the NLRA and FLSA.
Last action: Jul 9, 2025 (369 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 to replace the current broad 'economic realities' test — which weighs multiple factors that frequently threaten IC arrangements — with the common law control test, under which behavioral control over the details of work is the decisive factor. For logistics brokers, this is a direct pro-IC shift: owner-operators who control their own routes, equipment, and schedules would be far less vulnerable to FLSA-based employee misclassification claims. The bill was introduced by Sen. Tim Scott (R-SC) and is in committee; with Republicans holding the majority and the presidency, passage is plausible but not certain given recent GOP deference to union interests, making active monitoring and industry coalition support the right posture now.
Recommended action: Engage with supportive Republican senators and freight industry associations to build momentum behind this bill, as it would replace the broad FLSA economic-realities test with the more favorable common law control test for determining IC status.
Last action: Jun 18, 2026 (25 days ago)
6/10 SCOREOPPOSE
CHILD Labor Act Children Harmed In Life-threatening or Dangerous Labor Act
To strengthen protections against child labor violations, and for other purposes.
Status: H: Introduced in House / Referred to the Committee on Education and Workforce, and in addition to the Committee on 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. (Jun 18, 2026)
Assessment: This bill creates secondary liability for any person who produces or offers goods into commerce using a contractor or subcontractor 'at any tier' that employs oppressive child labor — a chain-of-custody exposure that could touch logistics brokers arranging freight for manufacturers or retailers. The stop-work order authority is particularly dangerous: it can be applied to multiple worksites regardless of whether all are in violation, and it requires compensating workers idled by the order, including independent contractors ('any individual engaged to perform work for remuneration'). Sponsored entirely by House Democrats in a Republican-controlled chamber, this bill has no realistic path to passage in the current session, but the supply chain liability and stop-work mechanisms warrant monitoring as templates for future legislation.
Recommended action: Brokers should monitor this bill and oppose the supply chain liability and stop-work provisions that could reach broker-arranged freight operations.
Last action: Jun 18, 2026 (25 days ago)
6/10 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 permit employees or authorized agents of a motor carrier to edit or annotate ELD records, provided the individual is physically located in North America and the driver approves the change — addressing a regulatory gray area that has created compliance uncertainty for carriers using remote dispatch or third-party fleet management support. For your operations, this provides a clearer legal basis for correcting legitimate ELD entry errors without risking Hours-of-Service violations or enforcement action. All six sponsors are Republicans in a Republican-controlled Congress, improving the bill's viability, though its narrow scope and committee referral stage mean it remains a WATCH rather than a near-term certainty.
Recommended action: Brokers and carriers that use third-party ELD management services should engage in support of this bill, as it codifies the right of motor carrier employees or agents to edit and annotate ELD records — a common operational need — while protecting drivers through an approval requirement.
Last action: Feb 12, 2026 (151 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 workplace discrimination and harassment protections to independent contractors, meaning your owner-operators could bring discrimination claims against your business under the same framework as employees — exposing you to new EEOC complaints and litigation liability. Section 303 would prohibit mandatory arbitration clauses in your contractor agreements, eliminating a key mechanism brokers use to manage dispute resolution costs and avoid class action exposure. This bill is sponsored entirely by Senate Democrats in a Republican-controlled Congress, making passage unlikely in the near term, but the contractor-specific provisions warrant ongoing attention.
Recommended action: Brokers should monitor Section 301, which extends anti-discrimination protections to independent contractors, and Section 303, which bans mandatory arbitration agreements — both of which directly affect how you contract with and manage owner-operators.
Last action: Jan 13, 2026 (181 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 up floor consideration for five underlying bills — the one most directly relevant to your business is H.R. 4366, which seeks to clarify joint employer treatment under both the NLRA and FLSA, a standard that directly governs whether brokers can be held liable for the labor practices of the carriers they contract with. The FLSA-related bills (H.R. 2262, 2270, 2312) deal with hours-worked definitions, overtime calculation, and tipped employee definitions, which have limited direct application to your owner-operator model but could signal a broader pro-business labor posture from the Republican majority. Because this is a rules resolution — not the substantive legislation itself — your attention and any advocacy should be directed at the underlying bills, particularly H.R. 4366, as they advance toward a floor vote.
Recommended action: Logistics brokers should monitor H.R. 4366 in particular and express support, as clarifying joint employer standards under the NLRA and FLSA would reduce your exposure to labor liability arising from your relationships with independent carriers and owner-operators.
Last action: Sep 18, 2025 (298 days ago)
6/10 SCORENEUTRAL
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 write regulations prohibiting 'predatory commercial motor vehicle lease-purchase programs,' defined as arrangements where a motor carrier controls a driver's work, compensation, and debts while the driver accrues no equity in the leased truck. While the primary target is carrier-owned lease-purchase schemes — not logistics brokers directly — the broad definition of 'predatory' practices, including recruitment, operational, and financial controls, could influence how regulators view any broker-carrier contracting structure where drivers operate under carrier-affiliated equipment deals. Introduced by Rep. Brownley (Democrat) and referred to committee under a Republican-majority House, this bill has minimal near-term legislative prospects, but the regulatory definitions being developed could set precedents affecting owner-operator contracting models across the industry.
Recommended action: Monitor rulemaking closely, as the definition of 'predatory' lease-purchase programs broadly captures motor carrier control over driver work, compensation, and debts — which could extend regulatory scrutiny to broker-arranged lease arrangements.
Last action: Sep 10, 2025 (306 days ago)
6/10 SCORESUPPORT
American Franchise Act
To preserve the franchise business model.
Status: H: Introduced in House / Referred to the House Committee on Education and Workforce. (Sep 10, 2025)
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 — a narrowly defined, high bar that explicitly excludes brand standards, training materials, and operational requirements. While the bill targets the franchisor-franchisee relationship specifically, the restrictive joint employer standard it codifies is directly analogous to the broker-carrier dynamic and could set a favorable precedent or legislative framework that benefits your business. The bill has bipartisan sponsorship (including Democrats like Scholten, Costa, and Cuellar), which improves its viability even under the current Republican majority, making it worth tracking as it moves through the Education and Workforce Committee.
Recommended action: Logistics brokers should monitor this bill and consider supporting it, as its joint employer liability restrictions under both the NLRA and FLSA establish a favorable precedent for limiting broker exposure to carrier labor practices.
Last action: Aug 5, 2025 (342 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 targets covered employers at warehouse distribution centers — including NAICS code 492110 (couriers and express delivery) and 493 (warehousing and storage) — imposing quota transparency mandates, anti-retaliation protections, new OSHA ergonomic standards, and FTC/DOL enforcement authority with penalties. If your business arranges freight through or operates distribution facilities that use productivity quotas, you could face disclosure obligations and stop-work-adjacent enforcement exposure under Title I and Title III. The bill is sponsored almost entirely by House Democrats with only one Republican co-sponsor (Lawler), making passage under the current Republican majority very unlikely in the near term, though the warehouse sector implications warrant ongoing monitoring.
Recommended action: Logistics brokers that operate or contract with warehouse and distribution facilities (NAICS 493, 492110) should monitor this bill and oppose it through industry coalitions, as its quota disclosure, anti-retaliation, and OSHA ergonomics mandates could impose compliance obligations on broker-adjacent warehouse operations.
Last action: Jul 31, 2025 (347 days ago)
6/10 SCOREOPPOSE
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 and distribution center operators — including NAICS codes 493, 492110, and 454110 that directly overlap with fulfillment and last-mile logistics facilities your carrier partners use — imposing quota transparency mandates, worker speed-data disclosure rights, and anti-retaliation protections enforceable by the Secretary of Labor and FTC. The 'covered employer' definition explicitly includes contractors, subcontractors, and independent contractors employing over 200 workers across covered facilities, meaning carriers or third-party logistics operators in your network could face direct compliance obligations. The NLRA amendments in Title II are particularly worth watching, as they could affect organizing rights and joint-employer exposure in warehouse settings where brokers or shippers exercise operational influence; however, with bipartisan but minority-heavy sponsorship and a Republican-controlled Congress, passage in the near term is unlikely.
Recommended action: Logistics brokers and their carrier partners operating warehouse or distribution facilities should monitor this bill and engage industry associations to push back on quota disclosure mandates, joint-liability exposure, and the NLRA amendments that could affect contractor relationships.
Last action: Jul 28, 2025 (350 days ago)
6/10 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 bill targets 'covered digital labor platform providers' — a definition broad enough to potentially sweep in freight brokers and load boards that use algorithmic dispatch, automated work assignment, or app-based interfaces to connect owner-operators with loads. The bill would impose transparency reporting on electronic monitoring and automated decision-making systems, mandate disclosures to app-based workers about pay algorithms and adverse actions, and — critically — frame algorithmic control as evidence of misclassification, which directly threatens the IC model your business depends on. Sponsored exclusively by Democratic senators (Schatz, Murphy, Baldwin) and referred to HELP Committee, this bill has no realistic path to enactment under the current Republican-controlled Congress, but its framing of algorithmic management as misclassification evidence sets a precedent worth tracking.
Recommended action: Logistics brokers using digital dispatch or load-matching platforms should monitor this bill and engage trade associations to ensure freight broker platforms are explicitly excluded from its scope.
Virginia (VA) — 4 bills SESSION ENDED · Mar 14
Last action: Apr 22, 2026 (82 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 expands civil remedies for worker misclassification under Virginia Code § 40.1-28.7:7 by cross-referencing the enhanced damages available under § 40.1-29(J) — including liquidated damages equal to wages owed and triple wages for knowing violations — creating significantly higher financial exposure if an owner-operator is deemed misclassified. The misclassification presumption in § 40.1-28.7:7(B) places the burden on your business to prove IC status under IRS common-law guidelines, a multi-factor behavioral-control test that is less protective than a simple right-to-control standard and could be applied to broker-carrier arrangements. The bill also authorizes the Commissioner of Labor and Industry to refer misclassification matters to the Attorney General for civil enforcement, adding a public enforcement layer on top of private civil actions.
Last action: Mar 14, 2026 (121 days ago)
7/10 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 links misclassification violations under § 40.1-28.7:7 directly to the enhanced civil remedies in § 40.1-29(J), meaning a worker claiming misclassification can now pursue liquidated damages equal to wages owed, plus triple damages if a court finds the misclassification was knowing, plus attorney fees. The IRS common-law control test remains the classification standard, which is relatively favorable compared to an ABC test, but stacking these penalty tiers onto misclassification claims significantly raises the financial exposure for any broker-carrier arrangement challenged as an employment relationship. Virginia's session ended March 14, 2026, so this bill cannot advance unless a special session addresses it — watch for reintroduction next session.
Recommended action: Brokers should monitor this bill and oppose it if it advances, as it expands civil remedies — including triple damages and attorney fees — for misclassification claims that could be brought against broker-carrier arrangements.
Last action: Apr 22, 2026 (82 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 applies exclusively to Virginia public body capital outlay construction projects and explicitly exempts transportation-related construction projects, so its direct reach into freight brokerage is limited. However, the authorization requirement in subsection F — which mandates written government approval before a prime contractor can engage an independent contractor — establishes an ABC-style three-prong justification framework (good-faith hiring effort, infeasibility of direct hire, specialized nature of work) that could signal a broader legislative appetite for restricting IC use in Virginia. The notice requirements in subsection G, while limited to public works construction, also set a disclosure precedent that could later be extended to motor carrier or broker-arranged contractor relationships.
Last action: Feb 11, 2026 (152 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 'full-time or part-time independent contractor, including any employee of such independent contractor' — meaning owner-operators you contract with could count toward your headcount and their government benefit usage could trigger a 100% corporate welfare tax on your business. If your brokerage qualifies as a 'large employer' (500+ employees using this expanded definition), you could face a dollar-for-dollar tax on every means-tested federal benefit — SNAP, Medicaid, housing assistance — received by any contractor in your network who lives in Virginia. The bill also adds a new prohibition on asking applicants whether they receive federal benefits, creating a compliance obligation in your hiring and referral processes.
Recommended action: Logistics brokers should monitor this bill and engage with Virginia legislators to clarify or narrow the definition of 'employee' that explicitly captures independent contractors and their employees.
West Virginia (WV) — 8 bills SESSION ENDED · Mar 14
Last action: Feb 23, 2026 (140 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 WV's worker classification statute to make IRS Revenue Ruling 87-41 — a behavioral-control, common law test — the definitive standard for determining IC status under workers' comp, unemployment, Human Rights Act, and wage payment laws, while explicitly resolving ambiguity in favor of independent contractor status. For logistics brokers, this is a pro-IC framework: the multi-factor criteria in subsection (a) protect arrangements where owner-operators control their own manner and means, carry their own licenses and insurance, and work for multiple principals — all hallmarks of the broker-carrier model. The bill died in the 2026 regular session without advancing, so no immediate compliance action is required, but brokers should monitor for reintroduction.
Recommended action: Logistics brokers and carriers operating in West Virginia should support this bill and engage with legislators to advance it in a future session, as it locks in a favorable IC classification standard that protects owner-operator relationships.
Last action: Apr 1, 2026 (103 days ago)
7/10 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: Approved by Governor 4/1/2026 (Apr 01, 2026)
Assessment: This bill creates a Voluntary Portable Benefits Plan framework that explicitly prohibits hiring parties' contributions from altering the independent contractor classification — directly addressing the reclassification risk that currently deters brokers from offering any benefits to owner-operators. The bill also provides state income and corporate tax deductions for contributions, reducing the cost of participating in these plans. Session ended March 14, 2026, so the bill cannot advance without a special session, but your leadership should track this for reintroduction and engage in support given its pro-IC safe harbor mechanism.
Last action: Apr 1, 2026 (103 days ago)
7/10 SCOREENACTED
Relating to the creation of the Portable Benefit Account Act
The purpose of this bill is to create the Portable Benefit Account Act.
Status: H: Approved by Governor 4/1/2026 (Apr 01, 2026) · S: On 3rd reading with right to amend / Read 3rd time / Finance comm amendment withdrawn by unanimous consent / Banking and Insurance com amendment adopted (Voice vote) / Passed Senate (Roll No. 676) / Title amendment adopted / Senate requests House to concur / House Message received / Senate concurred in House amendments and passed bill (Roll No. 708) / Communicated to House / Completed legislative action / To Governor 3/25/2026 - Senate Journal / Approved by Governor 4/1/2026 - Senate Journal (Mar 14, 2026)
Assessment: This bill creates a voluntary portable benefit account framework in West Virginia and includes a direct safe harbor provision: contributions to a portable benefit account cannot be used as a criterion for determining a worker's employment classification under §31A-10-3(c). For brokers who contract with owner-operators, this means you could voluntarily contribute to benefit accounts for your contractors without triggering reclassification exposure under state law. The bill died at session end and would need to be reintroduced, but its pro-IC architecture — including opt-in-only withholding and an explicit anti-reclassification clause — makes it worth monitoring and supporting if it resurfaces.
Last action: Feb 3, 2026 (160 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 voluntary state-sponsored portable insurance benefit plan for independent contractors in West Virginia and includes two critical IC-protective provisions: contributions by a hiring party are explicitly barred from being used as a criterion for determining employment classification, and contributions by app- or internet-based companies cannot be construed as evidence of an employment relationship for workers' compensation purposes. For logistics brokers arranging freight in West Virginia, this means you could voluntarily contribute to benefit plans for owner-operators without triggering reclassification exposure. The bill died in committee when the 2026 regular session ended March 14, but the portable benefits framework and its IC-status safe harbors are directly favorable to your operating model.
Recommended action: Brokers should support this bill and urge WV legislators to advance it in any special session, as it explicitly protects hiring parties from reclassification liability when contributing to portable benefit plans.
Last action: Jan 28, 2026 (166 days ago)
7/10 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 establishes West Virginia's Voluntary Portable Benefits Plan Act, which directly addresses your broker-carrier relationship by codifying that a hiring party's contributions to an independent contractor's portable benefit plan do not create or alter an employer-employee relationship — removing a key reclassification risk brokers currently face. Contributions are made deductible for hiring parties under both personal and corporate net income tax, providing a direct financial incentive to offer benefits without jeopardizing IC status. The bill died in the 2026 regular session without advancing, so no immediate action is required, but brokers should track this if reintroduced.
Recommended action: Logistics brokers who contract with West Virginia independent contractors should support this bill, as it explicitly preserves IC status when hiring parties contribute to portable benefits and creates a new tax deduction for those contributions.
Last action: Jan 20, 2026 (174 days ago)
7/10 SCORESUPPORT
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 West Virginia bill creates an ABC test for personal income tax purposes, but it is structured unusually in your favor: subsection (a) defines the ABC test with pro-IC criteria (freedom from control, work outside the hiring entity's usual business, independent business identity), and subsection (b) places the burden on the hiring entity to prove all three employee-like factors before a worker loses IC status — meaning the default presumption is independent contractor. However, the economic-responsibility language in subsection (b)(2) and (b)(3) mirrors elements of an economic-realities test, which could create gray areas for owner-operators who depend on a single broker for significant revenue. The bill died when the 2026 regular session ended March 14, 2026, so no immediate action is required, but the pro-IC presumption structure makes this worth supporting if it resurfaces.
Recommended action: Logistics brokers should monitor this bill and signal support, as its ABC test is structured to protect IC status rather than strip it — but the economic-responsibility prongs in subsection (b) introduce ambiguity that warrants close attention.
Last action: Feb 3, 2026 (160 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 Commission statute to explicitly include individuals who provide work under an independent contract, meaning owner-operators and other ICs you engage could bring discrimination claims against your business as if they were employees. It also lowers the employer coverage threshold from 12 to 2 employees and extends the filing window to three years, compounding your litigation exposure. While this is a human rights statute rather than a labor classification law, the reclassification of ICs as 'employees' for purposes of discrimination liability sets a precedent that erodes the legal distinction between contractors and employees and opens your brokerage to a new category of claims from owner-operators.
Recommended action: Logistics brokers should monitor this bill and engage with WV legislators to oppose the redefinition of independent contractors as 'employees' under state anti-discrimination law, which creates a new class of legal exposure for your contractor relationships.
Last action: Jan 14, 2026 (180 days ago)
6/10 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 that includes a critical safe harbor for your business: under §31A-10-3(c), any contribution you make to an independent contractor's benefit account cannot be used as a criterion to reclassify that worker as an employee. The bill explicitly preserves IC status determinations under existing law and requires that any withholding from contractor compensation be opt-in, written, and unambiguous — keeping the arrangement clearly contractual rather than employment-based. Because the bill is introductory-stage and the 2026 session has ended, there is no immediate compliance action required, but brokers should track this model legislation if it resurfaces.
Recommended action: Brokers and hiring parties in West Virginia should support this bill as it explicitly protects IC status by prohibiting benefit contributions from being used as a reclassification factor.