May 14, 2012Senate Majority Leader Dean Skelos909 Legislative Office BuildingAlbany, NY 12247Dear Senator Skelos:
We are writing to request that you oppose “The New York State
Transportation Industry Fair Play Act” (S6267/A8997).
While we understand the need to address employee misclassification issues in New York, thisbill is far too broad and will force thousands of legally operating independent contractors out of
work. There is nothing “Fair” about it. Passage of this legislation will simply force thousands of
jobs out of New York.Independent contractors, also known in the trucking industry as owner-operators, have been anessential part of the trucking industry nearly since its inception. Over many decades, theindependent contractor status of those individuals has been repeatedly recognized and affirmedin numerous legal proceedings under various independent contractor legal standards. Ascurrently drafted, the bill will prohibit thousands of these small business owners from conductingbusiness in New York State.Due to its far reaching language, this legislation would essentially reclassify ALL independentcontractors in New York State as employees. This is unfair to independent contractors whoCHOOSE to be independent. It will also serve to increase costs to motor carriers, forcing anincrease in the price of transportation, impacting all businesses in New York State.Independent contractors CHOOSE to run an independent business for reasons includingfreedom/independence, more control over time and business decisions, and more money longterm. It is their opportunity to follow the American Dream, and that right should not be takenaway from them. There are plenty of employee truck driver jobs available, if an independentcontractor truly wanted to be an employee, there is ample opportunity for them. However, theyshould not be forced into being an employee, and that is exactly what this legislation will do.