CDA Minute August 1, 2018

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CDA Members:

We are thrilled to announce Fawdel, Inc., Marron Lawyers APC and Starrnet, LLC have recently joined the CDA family.  Please make sure to reach out and welcome them aboard!

You may have heard about the recent CA Supreme Court decision commonly referred to as the “Dynamex Decision”. In this decision the court redefined the parameters by which a driver may be classified as an independent contractor. The CDA does not take a position either for or against the use of independent contractors, rather we seek clear direction from regulators so that our members can accurately determine the most profitable and efficient operating model. Unfortunately, this decision does not provide the clarity we seek. Rather, it further muddies the waters by copying the Massachusetts “ABC test”, of which the “B” prong has since been struck down for violating the FAAA (Federal Aviation Administration Act).

At the most recent meeting of the CDA Board of Directors long time CDA supporters and Littler attorneys Rob Hulteng and Damon Ott, presented then followed up with this linked Littler Proposal to CDA. They are building a coalition of businesses and associations to share the cost of litigating the same FAAAA exemption for the transportation industry that they did in Massachusetts. The CDA Board of directors, made up of both employee based and independent contractor based companies, voted to support this effort as it is in the best interests of the industry as a whole.

The CDA understands and respects that not every member may agree that this is good for the industry, and therefore we have structured our support program so that each member can decide the level at which they wish to support this cause from “not at all” to “whatever it takes”. If you are already a L.A.P. fund donor you may specify how much of your donation you want (or don’t want) to go to this effort. If you are not already a L.A.P. fund donor we encourage you to become one today! To set up your L.A.P. fund donation or make changes to your existing recurring donation click THIS LINK

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