August 3, 2022

Rob Lauer Political Reporter

The U.S. Supreme Court just denied the California Independent Truckers Association’s lawsuit seeking to quash Assembly Bill 5 which outlaws Independent workers by forcing them to become employees. Independent workers include Uber Drivers, gig workers, journalists, hair dressers, nail salons, of course owner operators of trucks and anyone who works for a 1099 essentially. BTW most of the Semi owner operators are minorities in California.

To say that AB5 is an attack on economic freedom and basic human rights would be an understatement. Destroying the concept of self-employment is the corner stone of socialism and its why communist countries ban self-employed workers. I say human rights, because the concept that you own your labor and the fruits of your labor are the most fundamental of all human rights. Rights that were fought for in the last 2 centuries by ending slavery in the 19th Century and trying to eradicate communism in the 20th century. In fact, the United States spent trillions of dollars and 250K plus lives in the 20th century fighting communism.

AB5 is a direct attack on those principles and basic human rights. I cannot overstate this enough. Imagine a person who drove a truck for a company for years, saved his money, developed his skills and finally fulfilled his dream of owning his own truck and working for himself. Now he is forced by the government of California and possible Nevada, to sell his truck and work for a company again.

Nevada Dems call it Mis-classification of Employees as Independent Contractors.

The Nevada definition of Independent Contractor

Under Nevada law, NRS 608 et seq., workers in Nevada are treated as independent contractors, rather than employees, if they fall within one of three categories:

  1. The first category captures workers who have applied for a federal employer tax identification number or Social Security number, or has filed a federal income tax return for a business or earnings for self-employment, in the previous year.
  2. The second category applies to people working under a contract that requires them to hold a state or local business license and to maintain any necessary occupational license, insurance, or bonding for the term of the contract.
  3. The third category applies to workers who meet at least three of following criteria:
  • The worker has control and discretion over the means and manner of performance of the work.
  • The worker has control over the time the work is performed, unless agreed to in the contract.
  • The worker is not required to work solely for one employer, unless required by law or agreed to in a written contract with a limited term.
  • The worker is free to hire employees to assist with the work.
  • The worker has invested in the worker’s own business by, for example, buying or leasing tools and equipment, obtaining necessary licenses, or leasing work space.

The important thing to remember about the definition of independent contractors in Nevada is that if an employee doesn’t fit within one of the criteria described above the employer can be on the hook for all the benefits that employees are entitled to as a matter of law.

Nevada Dems amended NRS 608 to allow Independent Contractors who signed a contracts with businesses to now sue companies that “Mis-classify” them as Independent Contractors instead of hiring them as employees. Specifically, those folks that get injured can now sue claiming they were really employees all along, like Uber drivers.

Nevada law firms actively socialite clients to sue employers now.

Nevada Socialist Democrats seek to destroy economic freedom to work for yourself by regulating you to death, suing you to death and taxing you to death.

2021, in the last Nevada Democrat dominated legislative session the same law was purposed but shelved for now. If they win this November the control of the legislature and governorship they will push this through and much more. Everything you hate about Cali is coming here.

Pres. Obama once said

“Elections has consequences.” 





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