May 14, 2012 Senate Majority Leader Dean Skelos 909 Legislative Office Building Albany, NY 12247 Dear

Senator Skelos: We are writing to request that you oppose The New York State Commercial Goods Transportation Industry Fair Play Act (S6267/A8997). While we understand the need to address employee misclassification issues in New York, this bill 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 an essential part of the trucking industry nearly since its inception. Over many decades, the independent contractor status of those individuals has been repeatedly recognized and affirmed in numerous legal proceedings under various independent contractor legal standards. As currently drafted, the bill will prohibit thousands of these small business owners from conducting business in New York State. Due to its far reaching language, this legislation would essentially reclassify ALL independent contractors in New York State as employees. This is unfair to independent contractors who CHOOSE to be independent. It will also serve to increase costs to motor carriers, forcing an increase in the price of transportation, impacting all businesses in New York State. Independent contractors CHOOSE to run an independent business for reasons including freedom/independence, more control over time and business decisions, and more money long term. It is their opportunity to follow the American Dream, and that right should not be taken away from them. There are plenty of employee truck driver jobs available, if an independent contractor truly wanted to be an employee, there is ample opportunity for them. However, they should not be forced into being an employee, and that is exactly what this legislation will do.

Like any industry, we are aware that there may be some companies who may, inadvertently or purposely, misclassify their employees. We support the initiative to address that misclassification, but not by taking the ability for companies who legally utilize independent contractors to continue to do so. We should not be penalizing those who are doing things correctly. Please keep the thousands of independent contractors working in our great State and oppose The New York State Commercial Goods Transportation Industry Fair Play Act. Sincerely, Unshackle Upstate National Federation of Independent Business The Business Council of New York State New York Farm Bureau The Chamber Alliance of New York State (CANYS) New York State Builders Association The Associated General Contractors of New York Empire State Forest Products Association Lawsuit Reform Alliance of New York New York Association of Convenience Stores Empire State Restaurant and Tavern Association Northeastern Retail Lumber Association NYS Liquor Store Association

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