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ATA member companies have supported and benefited from ATA’s many litigation efforts to defend independent contractor status and its efforts to enact model state statutes that expressly exclude owner-operators from potential workers’ compensation coverage. To that end, ATA successfully defended a member motor against an IRS effort to reclassify owner-operators as employees by invoking the Section 530 federal safe harbor protection against reclassification.
ATA, in cooperation with the Indianapolis-based law firm Scopelitis, Garvin, Light & Hanson, is actively monitoring state administrative and legislative proposals that impact owner-operator classification, especially in the areas of workers’ compensation insurance and unemployment tax coverage. A monthly newsletter (Independent Contractor Classification Alert) alerting motor carriers to pending proposals is provided to members on the ATA website and assistance to state trucking associations, as needed, is provided.
Finally, under the direction of the ATA Labor and Regulatory Policy Committee, a Task Force developed model legislation for clarifying independent contractor status that can be use at the federal or state level. Efforts are underway in targeted states to pursue enactment of the model provisions.
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