Washington, D.C. — The House Committee on Education and Workforce and the House Judiciary Committee each moved forward legislation this week that could change how the trucking industry classifies drivers and how federal agencies weigh the cost of new rules on small carriers.
The moves come as the Department of Labor’s March 11 final rule on worker classification tightens the definition of independent contractor status. The rule replaces a previous, more lenient standard with a “totality of circumstances” test that the administration says will curb misclassification, but many in trucking argue it threatens the flexibility of millions of drivers who operate as owner‑operators or lease‑on employees.
Representative Kevin Kiley (R‑CA) introduced a Congressional Review Act resolution to repeal the March rule and restore the older test. Senator Bill Cassidy (R‑LA) filed a companion resolution in the Senate. Kiley’s resolution has attracted 65 co‑sponsors, while Cassidy’s version lists 33. In a separate effort, Rep. Brad Finstad (R‑MN) sponsored HR 71988, dubbed the Prove It Act, which forces federal agencies to quantify direct and indirect costs of regulations on small businesses before they take effect. The bill enjoys bipartisan backing from Reps. Yadira Caraveo (D‑CO), Nathaniel Moran (R‑TX) and Harriet Hageman (R‑WY). OOIDA President Todd Spencer praised the measure, noting that 96 % of U.S. trucking firms are small‑business carriers and that over 70 % of freight moves by truck.
What This Means for Drivers
Owner‑operators could see the current DOL rule rolled back, preserving the ability to work as independent contractors without automatically triggering employee benefits or union‑membership requirements. Fleet managers may regain leeway to structure lease‑and‑pay agreements that suit fluctuating demand without fearing a classification audit. If the Prove It Act passes, any new FMCSA regulation would first be measured against its impact on small carriers, potentially slowing or softening rules that increase compliance costs for OTR truck drivers and regional fleets.
Industry Reaction
The Owner‑Operator Independent Drivers Association rallied behind the Prove It Act, arguing that small carriers are the backbone of America’s supply chain. “Not only are small businesses the backbone of America’s economy; they’re the backbone of America’s supply chain,” Spencer said. “Over 70% of American freight is transported exclusively by truck, and 96% of trucking is made up of small‑business carriers. OOIDA and the 150,000 small‑business truckers we represent support the bipartisan Prove It Act to keep government overreach and burdensome overregulation off the backs of the men and women behind the wheel who keep our economy moving.” Other trucking groups have echoed concerns that the DOL rule could push drivers toward union‑affiliated employment, limiting market choice for CDL‑A drivers seeking flexible truck driver jobs.
Key Points
- House and Senate committees cleared resolutions to repeal the DOL’s March 11 worker‑classification rule.
- Rep. Kevin Kiley’s resolution carries 65 co‑sponsors; Sen. Bill Cassidy’s version has 33.
- The Prove It Act (HR 71988) would require agencies to assess regulatory costs on small businesses before finalizing rules.
- OOIDA and 150,000 owner‑operators endorse the Prove It Act, citing the importance of small‑business carriers to the U.S. freight system.
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