Why Are Truckers Blocking Access to the Port of Oakland?

Update 4:30 p.m. Monday

Marine terminals were open and again operating normally at the Port of Oakland following a five-day long near-total shutdown by truckers, port officials said Monday.

“The Port of Oakland has resumed full operations” on Saturday, said port executive director Danny Wan. “We appreciate the independent truck drivers’ use of the designated Free Speech Zones and we thank local law enforcement for their continued assistance.”

Oakland police and other law enforcement agencies are working to keep traffic at the port moving, officials said.

Port spokesman Robert Bernardo said it will still likely take weeks to alleviate the backlog of goods at the port, resulting in further delays of product shipments.

Last updated, 4:30 p.m. Friday

Cargo operations at the Port of Oakland remained largely stalled on Friday, as a convoy of truckers continued to block access to the facility for the fifth straight day to protest California’s gig-worker law.

The demonstrations that began Monday involve hundreds of independent big-rig truckers who have prevented the movement of cargo in and out of the port’s terminals, in a bid to remain classified as independent contractors – rather than employees. Truckers held similar protests last week at the ports of Los Angeles and Long Beach.

“I think it’s very clear that there is so much uncertainty about how these independent drivers, these entrepreneurs, are going to be able to stay in business,” said Matt Schrap, CEO of the Harbor Trucking Association. The organization represents truckers servicing West Coast ports.

The blockade, which couldn’t come at a worse time for the port, is further exacerbating longstanding global supply-chain issues spurred by the pandemic that have led to months of epic cargo ship traffic jams, with mountains of goods stockpiled on docks.

In an open letter sent on Thursday evening, Danny Wan, executive director of the port, said he had met with protest organizers, and emphasized that he understood their frustrations,  offering to support them in any negotiations with state. But he implored them to allow operations at the port to resume, warning of the collateral damage further disruptions would inflict.

Wan said the port had set aside “free speech zones” for truckers to protest without disrupting the flow of commerce, and warned that any demonstrators whose trucks continued to obstruct terminal entrances or exits could be cited and face additional penalties.

Port officials and organizers planned to meet again on Friday afternoon.

At issue is Assembly Bill 5, a law passed in 2019 making it harder for companies to legally classify many workers as independent contractors instead of as employees. Under state labor law, employees are entitled to minimum wage and benefits such as workers compensation, overtime and sick pay. The law codified a 2018 state Supreme Court decision that required companies to treat workers as employees if their jobs are considered a key part of business operations. It also spurred Lyft, Uber and DoorDash to throw a huge amount of cash behind Proposition 22, a 2020 ballot measure approved by voters that exempted most rideshare drivers – and that last year was ruled unconstitutional by a state court judge. (The companies have since appealed and don’t have to comply while court proceedings play out.)

Meanwhile, a federal appeals court ruled last year that the law applies to some 70,000 truck drivers in the state who are independent operators and don’t work for any one single company. The decision essentially requires companies that commission their services to classify them as employees, rather than independent contractors.

Although the International Brotherhood of Teamsters called the ruling a “massive victory” for exploited truckers, the California Trucking Association staunchly objected, arguing the change would limit the flexibility of drivers who own their trucks and operate on their own hours. Ultimately, the association said, classifying truckers as employees would hinder their ability to make a living.

The trade group appealed to the U.S. Supreme Court, stalling enforcement of the law, but the court last month denied their petition, allowing the lower-court ruling to stand.

Protesters say the strike is largely intended to push Gov. Gavin Newsom and lawmakers to exempt truck drivers from California labor law.

“So the law is going to make us into employees of the company, even though I own my own truck, I pay for diesel, I pay for insurance,” said Randeep Dhillon, a self-employed trucker. Under the new law, he said, “I’m going to have to work under somebody else. My boss is going to tell me, ‘Hey, you have to be here at this time. You have to go at this time. You got to do this many loads.’ Now, if I feel like taking a day off, I can take a day off. If I want to reject a load … I’m like, ‘Hey, I don’t want to go.’ I’m an independent contractor. I have that right.”

But there’s been no word on when the state might begin enforcing the law, which is still being contested in lower courts.

In a statement on Thursday, a spokesperson for Newsom said “no one should be caught by surprise by the law’s requirements at this time,” and urged the trucking industry “to support this transition just as California has and continues to do.”

“California is committed to supporting our truck drivers and ensuring [they] receive the protections and compensation they are entitled to,” the spokesperson said, pointing to available resources like employment tax incentives and small business financing. “The state will continue to partner with truckers and the ports to ensure the continued movement of goods to California’s residents and businesses, which is critical to all of us.”

Lorena Gonzalez Fletcher, the former Assemblymember who authored AB 5 and now heads the California Labor Federation, took to Twitter this week to defend the law, arguing that it’s meant to help protect truckers from being exploited by some of the companies that hire them.

“What the law says is that you can’t pretend a driver/worker is an independent business to avoid paying gas/equipment, workers comp, social security, wages for hours waiting, etc. by simply saying ‘they own their own truck,'” she said in a tweet.

But Schrap of the Harbor Trucking Association says there needs to be some type of clarification about AB 5 and its impact on truckers. He pointed to the spate of industries exempted under the law, and questioned why trucking wasn’t among them.

“Obviously, there’s still outstanding questions,” he said. “If there weren’t outstanding questions about how this is going to apply, I don’t think any of these men and women would be down there protesting.”

There are plenty of opportunities for truckers to become employees if they want to, he said.

“The fact of the matter is, is that these individuals do not want to be employees,” he said. “That’s where the clarification is needed.”

KQED’s Holly J. McDede contributed reporting to this story. This story also includes reporting from the Associated Press.