1 00:00:10,039 --> 00:00:13,920 Speaker 1: Hello, and welcome to another episode of the Odd Lots Podcast. 2 00:00:13,960 --> 00:00:17,640 Speaker 1: I'm Joe Wisenthal and I'm Tracy. Tracy. When you think 3 00:00:17,640 --> 00:00:21,400 Speaker 1: about like the gig economy or gig economy workers, like 4 00:00:21,640 --> 00:00:25,640 Speaker 1: what first comes to mind for you? Uber left has 5 00:00:25,680 --> 00:00:28,240 Speaker 1: to be right, that's I mean, I think for everyone, 6 00:00:28,280 --> 00:00:31,720 Speaker 1: I think that's the answer. The most freelance journalism. Maybe 7 00:00:31,800 --> 00:00:33,800 Speaker 1: freelance journalism that might be like the next one, but 8 00:00:33,880 --> 00:00:36,360 Speaker 1: it is a good point that, like what we call 9 00:00:36,479 --> 00:00:39,320 Speaker 1: the gig economy, that everyone like has this idea of 10 00:00:39,400 --> 00:00:43,040 Speaker 1: like these sort of like marginally attached workers. People think 11 00:00:43,040 --> 00:00:44,800 Speaker 1: if it's a new thing, it's actually been forever. So 12 00:00:44,840 --> 00:00:47,960 Speaker 1: obviously something like freelance journalism has been around forever, long 13 00:00:48,040 --> 00:00:51,360 Speaker 1: before anyone had heard about Uber left. Absolutely, I think 14 00:00:51,520 --> 00:00:53,800 Speaker 1: gig economy workers just kind of gave it a new 15 00:00:54,360 --> 00:00:56,680 Speaker 1: label that made it sound a lot more modern than 16 00:00:56,720 --> 00:00:59,480 Speaker 1: it maybe was. But one of the classic examples I 17 00:00:59,520 --> 00:01:02,880 Speaker 1: suppose of a gig worker has to be a trucker, 18 00:01:03,000 --> 00:01:06,160 Speaker 1: an owner operator in the in the trucking industry. Right, 19 00:01:06,240 --> 00:01:09,959 Speaker 1: And we've obviously talked about trucking several times on several 20 00:01:10,040 --> 00:01:13,080 Speaker 1: past episodes. But when you think about like it's sort 21 00:01:13,080 --> 00:01:16,160 Speaker 1: of like an individual who is also their own boss, 22 00:01:16,200 --> 00:01:18,960 Speaker 1: who may you know, go from one company to another, 23 00:01:19,200 --> 00:01:21,080 Speaker 1: who you know it does not have sort of like 24 00:01:21,160 --> 00:01:25,560 Speaker 1: some permanent, full time arrangement. Yeah, obviously it's like trucking 25 00:01:25,640 --> 00:01:27,960 Speaker 1: I think is the number one in terms of this 26 00:01:28,040 --> 00:01:30,200 Speaker 1: year number of people, or number one or number two 27 00:01:30,240 --> 00:01:33,479 Speaker 1: maybe like Amazon warehouse workers up there, but the most 28 00:01:33,520 --> 00:01:36,240 Speaker 1: common job I think of the US or one of them, 29 00:01:36,400 --> 00:01:39,480 Speaker 1: And uh, yeah, I think it by by any sort 30 00:01:39,480 --> 00:01:41,680 Speaker 1: of definition of what we would call a gig worker, 31 00:01:41,720 --> 00:01:45,240 Speaker 1: I think many truck drivers would obviously qualify, right. And 32 00:01:45,480 --> 00:01:49,160 Speaker 1: in recent years we have seen efforts to improve working 33 00:01:49,200 --> 00:01:53,400 Speaker 1: conditions for gig workers. But it kind of gets into 34 00:01:53,440 --> 00:01:56,560 Speaker 1: this gray area where yes, a lot of gig workers 35 00:01:56,720 --> 00:02:00,400 Speaker 1: are uh exploited. Um, a lot of them are working 36 00:02:00,440 --> 00:02:03,880 Speaker 1: under suboptimal labor conditions, earning less pay than they would 37 00:02:03,880 --> 00:02:08,000 Speaker 1: if they were actual employees, certainly less benefits. But there's 38 00:02:08,040 --> 00:02:11,040 Speaker 1: also a certain type of gig economy worker that may 39 00:02:11,040 --> 00:02:16,320 Speaker 1: be values some independence and likes working as an independent contractor. Right, 40 00:02:16,440 --> 00:02:18,560 Speaker 1: So this really gets at the question and people look 41 00:02:18,680 --> 00:02:22,000 Speaker 1: at arrangements like with Uber and there are people view 42 00:02:22,080 --> 00:02:25,640 Speaker 1: this as exploitative or unfair to the worker, or the 43 00:02:25,680 --> 00:02:29,519 Speaker 1: workers are being deprived benefits that perhaps an employee should get. 44 00:02:29,720 --> 00:02:31,680 Speaker 1: And then there are also people that, you know what, 45 00:02:31,760 --> 00:02:34,880 Speaker 1: I like the flexibility of being an uber driver. I 46 00:02:34,919 --> 00:02:37,120 Speaker 1: like the arrangement of not having a company being my 47 00:02:37,200 --> 00:02:40,000 Speaker 1: full time employer. And I think all of these things 48 00:02:40,480 --> 00:02:44,400 Speaker 1: clearly applied to truck drivers as well. And going the 49 00:02:44,480 --> 00:02:47,920 Speaker 1: right legal frameworks to think about these things is pretty complicated. Yeah, 50 00:02:47,960 --> 00:02:50,359 Speaker 1: And you know, I mentioned this idea of a gray 51 00:02:50,480 --> 00:02:53,960 Speaker 1: area and trucking. I mean, it's already a gray area, 52 00:02:54,040 --> 00:02:56,960 Speaker 1: and it's sort of like just stepped into another gray 53 00:02:57,000 --> 00:02:59,640 Speaker 1: area because it's been caught up in some of the 54 00:02:59,720 --> 00:03:04,720 Speaker 1: legal issues around gig economy workers, specifically in California, but 55 00:03:05,160 --> 00:03:07,720 Speaker 1: there's also legal issues elsewhere in the US as well. 56 00:03:07,760 --> 00:03:10,600 Speaker 1: All right, well, let's dive more into this question about 57 00:03:10,600 --> 00:03:13,480 Speaker 1: how some of these sort of legal thinking regarding gig 58 00:03:13,480 --> 00:03:16,960 Speaker 1: economy workers or gigs in general are intersecting with the 59 00:03:16,960 --> 00:03:21,440 Speaker 1: trucking industry. We have a friend of the podcast, Rachel Primat, 60 00:03:21,440 --> 00:03:24,400 Speaker 1: the editorial director at Freight Waves and the author of 61 00:03:24,440 --> 00:03:27,840 Speaker 1: the Great Modes newsletter, joining us. She's written a lot 62 00:03:27,880 --> 00:03:29,960 Speaker 1: about these issues. So Rachel thank you for coming on 63 00:03:30,000 --> 00:03:32,959 Speaker 1: the show, Thanks for having me. Absolutely, So why don't 64 00:03:32,960 --> 00:03:34,960 Speaker 1: you sort of I mean, first of all, is that 65 00:03:35,080 --> 00:03:37,400 Speaker 1: kind of right that we've talked about gig workers, but 66 00:03:37,560 --> 00:03:40,800 Speaker 1: you know, in terms of basically the employment arrangements of 67 00:03:40,840 --> 00:03:42,960 Speaker 1: truck drivers, what do they look like and do they 68 00:03:42,960 --> 00:03:45,880 Speaker 1: basically fit in with what people generally have in their 69 00:03:45,920 --> 00:03:48,840 Speaker 1: mind of what a gig worker is. Yeah, so right now, 70 00:03:48,840 --> 00:03:54,160 Speaker 1: they're about two million employed long haul truck drivers in 71 00:03:54,200 --> 00:03:57,920 Speaker 1: the US. About three hundred to four hundred thousand of 72 00:03:57,920 --> 00:04:02,000 Speaker 1: those are owner operators, and the rest are employees of 73 00:04:02,040 --> 00:04:04,640 Speaker 1: either you know, small trucking fleets with maybe ten to 74 00:04:04,760 --> 00:04:08,400 Speaker 1: a hundred or a few hundreds of other truck drivers, 75 00:04:08,520 --> 00:04:10,920 Speaker 1: or they are employees of fleets of so called mega 76 00:04:10,960 --> 00:04:14,560 Speaker 1: fleets that would have thousands or even tens of thousands 77 00:04:14,680 --> 00:04:19,200 Speaker 1: of truck driver employees. But the owner operator community, and 78 00:04:19,240 --> 00:04:22,520 Speaker 1: that's in trucking is pretty substantial and it it does 79 00:04:22,680 --> 00:04:25,080 Speaker 1: really set you could say, the culture for the larger 80 00:04:25,279 --> 00:04:28,440 Speaker 1: trucking industry as well. A lot of drivers might start 81 00:04:28,440 --> 00:04:31,120 Speaker 1: out as employees and you know, have the goal of 82 00:04:31,160 --> 00:04:35,640 Speaker 1: being owner operators, but generally, um, you know, owner operators 83 00:04:35,680 --> 00:04:38,480 Speaker 1: are a pretty big part of trucking and they definitely 84 00:04:38,560 --> 00:04:41,880 Speaker 1: would count and as the so called gig economy, even 85 00:04:41,920 --> 00:04:44,840 Speaker 1: though it's not really. We don't really think of them 86 00:04:44,880 --> 00:04:47,479 Speaker 1: the same way we think of Uber lift or door dash. 87 00:04:47,760 --> 00:04:51,000 Speaker 1: You know, I mentioned we've done several episodes about trucking 88 00:04:51,040 --> 00:04:53,040 Speaker 1: and of course we talked to your I guess boss 89 00:04:53,320 --> 00:04:56,240 Speaker 1: Credit Freight Waves and that was one of the eye 90 00:04:56,240 --> 00:04:58,799 Speaker 1: opening things. I think for us. It's just like, how 91 00:04:58,960 --> 00:05:02,880 Speaker 1: easy it is to launch a new truck and company. Well, 92 00:05:02,880 --> 00:05:04,520 Speaker 1: why don't we launch our own? Right? We joke about 93 00:05:04,520 --> 00:05:06,919 Speaker 1: starting our own trucking company all the time. But this 94 00:05:07,000 --> 00:05:09,080 Speaker 1: kind of gets into something I wanted to ask you, 95 00:05:09,160 --> 00:05:13,400 Speaker 1: which is, what are the requirements right now when it 96 00:05:13,400 --> 00:05:15,840 Speaker 1: comes to being a truck driver and how does it 97 00:05:15,920 --> 00:05:18,479 Speaker 1: work on a state level, because we're going to be 98 00:05:18,480 --> 00:05:23,320 Speaker 1: getting into some of these state differences versus a federal level. Right, So, 99 00:05:23,400 --> 00:05:26,920 Speaker 1: to launch your own trucking company, you need insurance, you 100 00:05:26,960 --> 00:05:31,159 Speaker 1: need um the authority to to launch a company, you 101 00:05:31,200 --> 00:05:35,000 Speaker 1: need the funding to secure uh, you know, your tractor 102 00:05:35,360 --> 00:05:38,680 Speaker 1: and you know perhaps also a trailer. Um you need 103 00:05:38,720 --> 00:05:42,160 Speaker 1: a commercial driver's license. It is absolutely one of the 104 00:05:42,200 --> 00:05:46,559 Speaker 1: easiest businesses to literally start, like people kind of compared 105 00:05:46,560 --> 00:05:48,920 Speaker 1: it to the restaurant industry, where you can very easily 106 00:05:48,920 --> 00:05:52,800 Speaker 1: open your own trucking business and you know, be a 107 00:05:52,800 --> 00:05:55,760 Speaker 1: small business owner. So it is, uh, you know, people 108 00:05:55,800 --> 00:05:58,360 Speaker 1: who are in favor of the current structure of the 109 00:05:58,400 --> 00:06:01,440 Speaker 1: trucking industry say it is really the classic version of 110 00:06:01,480 --> 00:06:04,839 Speaker 1: the quote American dream. So just to make it clear, 111 00:06:04,880 --> 00:06:07,800 Speaker 1: and you sort of broke it down, there's the owner operators, 112 00:06:07,839 --> 00:06:09,680 Speaker 1: and then people work for a small fleet and then 113 00:06:09,760 --> 00:06:12,960 Speaker 1: kind of megaflates the people who work for the fleets. 114 00:06:13,520 --> 00:06:17,200 Speaker 1: Do they have the same like tax and employment status 115 00:06:17,240 --> 00:06:20,720 Speaker 1: that like Tracy would have in Bloomberger were just employees 116 00:06:20,760 --> 00:06:22,880 Speaker 1: of a company? Like what are the different I guess 117 00:06:22,920 --> 00:06:26,920 Speaker 1: like employment and tax arrangements that that that one can 118 00:06:27,000 --> 00:06:29,919 Speaker 1: have in the industry, Right, So they're definitely like good 119 00:06:30,000 --> 00:06:32,520 Speaker 1: jobs to haven't tracking and not so good jobs. So 120 00:06:33,480 --> 00:06:36,440 Speaker 1: it gets a little complicated because you have your classic 121 00:06:36,480 --> 00:06:39,320 Speaker 1: employee of a trucking company and they're actually not paid 122 00:06:39,400 --> 00:06:42,280 Speaker 1: you know, a salary or even an hourly salary. They're 123 00:06:42,279 --> 00:06:45,440 Speaker 1: paid per mile. And that's just across the entire tracking 124 00:06:45,560 --> 00:06:47,800 Speaker 1: treking industry, is that you are paid per mile rather 125 00:06:47,880 --> 00:06:50,799 Speaker 1: than per every hour. That you're spent on the job. 126 00:06:51,640 --> 00:06:54,719 Speaker 1: So you could be an employee of a so called 127 00:06:54,760 --> 00:06:57,640 Speaker 1: mega fleet, or you could actually be a least owner 128 00:06:57,680 --> 00:07:02,000 Speaker 1: operator for a mega fleet, meaning you have the benefits 129 00:07:02,000 --> 00:07:05,719 Speaker 1: of employee, which you know, more stable work, more stable pay, 130 00:07:05,760 --> 00:07:09,720 Speaker 1: but you also have that flexibility that true owner operators have. 131 00:07:10,440 --> 00:07:12,679 Speaker 1: So it does get a little bit of a gray 132 00:07:12,720 --> 00:07:15,960 Speaker 1: area when you're looking at least owner operators versus full 133 00:07:16,040 --> 00:07:19,000 Speaker 1: on owner operators who just truly own their own truck 134 00:07:19,160 --> 00:07:23,640 Speaker 1: and own all of their own assets. But yeah, I 135 00:07:23,640 --> 00:07:27,400 Speaker 1: think drilling a little bit deeper. Whether or not you 136 00:07:27,440 --> 00:07:30,800 Speaker 1: are at least owner operator, a true owner operator, or 137 00:07:30,840 --> 00:07:36,000 Speaker 1: a true employee, you are still being paid per mile um. 138 00:07:36,080 --> 00:07:38,240 Speaker 1: In the case of a least owner operator a true 139 00:07:38,240 --> 00:07:42,040 Speaker 1: owner operator, you are uh, you know, covering your own 140 00:07:42,200 --> 00:07:46,280 Speaker 1: health insurance, You're paying for meals and gas and these 141 00:07:46,320 --> 00:07:48,280 Speaker 1: sorts of things that you have on the road. The 142 00:07:48,360 --> 00:07:51,280 Speaker 1: difference is really whether or not you want some form 143 00:07:51,320 --> 00:07:53,760 Speaker 1: of protection from a large company or you'd rather just 144 00:07:53,800 --> 00:07:57,320 Speaker 1: be fully truly on your own. So when it comes 145 00:07:57,360 --> 00:07:59,880 Speaker 1: to the per mile payment. I remember this is something 146 00:08:00,120 --> 00:08:02,760 Speaker 1: came up in some of our episodes from last year 147 00:08:02,800 --> 00:08:05,400 Speaker 1: where we were talking about congestions at the ports, and 148 00:08:05,440 --> 00:08:07,560 Speaker 1: trucker is getting very very upset that they had to 149 00:08:07,600 --> 00:08:10,320 Speaker 1: wait for hours. I mean, in some cases, you know, 150 00:08:10,400 --> 00:08:13,360 Speaker 1: twelve or fourteen hours in order to pick up loads. 151 00:08:13,680 --> 00:08:16,800 Speaker 1: They're not paid for those white times. Um, but obviously 152 00:08:16,840 --> 00:08:21,840 Speaker 1: it's eating into their ability to earn money. So when 153 00:08:21,840 --> 00:08:25,520 Speaker 1: it comes to the new gig economy regulations, specifically in 154 00:08:25,560 --> 00:08:29,680 Speaker 1: places like California, on the surface, it feels like there 155 00:08:29,720 --> 00:08:32,960 Speaker 1: should be some truck drivers who are like, yes, pay 156 00:08:33,040 --> 00:08:36,960 Speaker 1: me a salary, pay me benefits, and yet according to 157 00:08:37,000 --> 00:08:39,360 Speaker 1: the things that we've been reading, it seems like there's 158 00:08:39,360 --> 00:08:42,559 Speaker 1: some resistance. So why is that. Yeah, it's definitely a 159 00:08:43,640 --> 00:08:45,720 Speaker 1: it's a it's an issue that I think is really 160 00:08:45,720 --> 00:08:48,199 Speaker 1: confusing to a lot of you know, labor activists in 161 00:08:48,240 --> 00:08:51,360 Speaker 1: the trucking world. Uh, you know why we have seen 162 00:08:52,120 --> 00:08:55,360 Speaker 1: protests at the port for the passing of a B five, 163 00:08:55,520 --> 00:08:59,679 Speaker 1: which basically requires owner robberators to become employees rather than 164 00:08:59,760 --> 00:09:04,000 Speaker 1: full owner operators. Um. It's it's a little unclear why 165 00:09:04,160 --> 00:09:08,599 Speaker 1: the current system is really you know, tightly held onto 166 00:09:09,040 --> 00:09:10,760 Speaker 1: and it has been sort of the case for decades 167 00:09:10,800 --> 00:09:14,160 Speaker 1: and trucking where owner operators who do not have the 168 00:09:14,200 --> 00:09:18,280 Speaker 1: same sort of worker rights and uh study sort of 169 00:09:18,320 --> 00:09:22,320 Speaker 1: pay that full on employees in trucking have. They are 170 00:09:22,440 --> 00:09:25,840 Speaker 1: very defensive and protective of the system, even though you know, 171 00:09:25,880 --> 00:09:29,160 Speaker 1: from the outside perspective it's not really a system that 172 00:09:30,000 --> 00:09:33,719 Speaker 1: is particularly beneficial to their pocketbooks and livelihood at the 173 00:09:33,800 --> 00:09:36,120 Speaker 1: end of the day. But um, you know, if you 174 00:09:36,160 --> 00:09:38,760 Speaker 1: are becoming a truck driver, you're probably someone who is 175 00:09:39,480 --> 00:09:42,520 Speaker 1: very fiercely independent. You are taking that job because you 176 00:09:42,559 --> 00:09:45,320 Speaker 1: want to be literally alone in the truck all day. 177 00:09:45,840 --> 00:09:47,839 Speaker 1: It's not really a job you take if you're like, oh, 178 00:09:47,880 --> 00:09:52,200 Speaker 1: I really enjoy you know, leadership and working without the event. Yeah, 179 00:09:52,520 --> 00:09:56,720 Speaker 1: it's literally the large corporate environment. Yeah, it's you literally 180 00:09:56,760 --> 00:09:59,400 Speaker 1: take the job because you don't want anyone bothering you. 181 00:09:59,760 --> 00:10:03,120 Speaker 1: So it makes sense that even when it comes to 182 00:10:03,320 --> 00:10:06,400 Speaker 1: being an owner operator, they would prefer not to have 183 00:10:06,440 --> 00:10:10,439 Speaker 1: any sort of government interference. On top of that, they 184 00:10:10,440 --> 00:10:12,920 Speaker 1: don't view themselves as employees. They view themselves as small 185 00:10:12,920 --> 00:10:16,640 Speaker 1: business owners. They're viewing themselves as building a business, building 186 00:10:17,240 --> 00:10:19,920 Speaker 1: a life for themselves, rather than you know, being a 187 00:10:20,360 --> 00:10:39,600 Speaker 1: wage lady. Well back up for one second, So what 188 00:10:39,679 --> 00:10:43,240 Speaker 1: would if we were if the California regulations were to 189 00:10:43,280 --> 00:10:45,600 Speaker 1: go on full force and apply to on our operators, 190 00:10:45,760 --> 00:10:48,760 Speaker 1: What does that mean specifically? Like who would be the 191 00:10:48,800 --> 00:10:52,120 Speaker 1: employer who would have the obligations the entity that they're 192 00:10:52,480 --> 00:10:55,479 Speaker 1: driving a load for? Like what is the current arrangement 193 00:10:55,559 --> 00:10:58,600 Speaker 1: between Like I just don't really get, Like what the 194 00:10:59,040 --> 00:11:02,480 Speaker 1: what the theoretical endgame looks like if these regulations were 195 00:11:02,480 --> 00:11:05,160 Speaker 1: to fully apply to truck Right, So, if you are 196 00:11:05,200 --> 00:11:08,319 Speaker 1: a quote true owner operator, you own your own truck, 197 00:11:08,400 --> 00:11:11,080 Speaker 1: you own your own trailer, nothing really changes for you 198 00:11:11,120 --> 00:11:13,400 Speaker 1: because you are literally just on your own. This is 199 00:11:13,480 --> 00:11:17,680 Speaker 1: your business, that's just you. But many, many truck drivers, 200 00:11:17,760 --> 00:11:21,080 Speaker 1: especially port drivers, are those least owner operators I had 201 00:11:21,120 --> 00:11:25,920 Speaker 1: mentioned where you are least onto a larger company. They 202 00:11:26,000 --> 00:11:28,960 Speaker 1: are the ones who are, you know, actually paying your paycheck, 203 00:11:29,440 --> 00:11:31,679 Speaker 1: but you don't have the sort of protections that you 204 00:11:31,720 --> 00:11:34,760 Speaker 1: would have as a full unemployee, you know, including health 205 00:11:34,840 --> 00:11:38,520 Speaker 1: insurance and paid medical leave and paid time off. So 206 00:11:38,960 --> 00:11:42,360 Speaker 1: in the case that this law is enforced in the 207 00:11:42,400 --> 00:11:44,600 Speaker 1: way that they are saying it's going to be enforced, 208 00:11:44,960 --> 00:11:48,280 Speaker 1: the carrier, the trucking company, would be the one paying 209 00:11:48,280 --> 00:11:52,080 Speaker 1: the salary and um the so called shippers, you know, 210 00:11:52,679 --> 00:11:55,800 Speaker 1: Macy's home depot, whoever it is that is have have 211 00:11:55,920 --> 00:11:58,360 Speaker 1: the loads at the ports. They would still be paying 212 00:11:58,360 --> 00:12:01,200 Speaker 1: that trucking company. So what change much for the shippers 213 00:12:01,400 --> 00:12:04,280 Speaker 1: except I imagine their rates may increase of it. Right, So, 214 00:12:04,360 --> 00:12:08,120 Speaker 1: this has been a talking point from some sides of 215 00:12:08,160 --> 00:12:10,880 Speaker 1: this argument that if you have this new regulation to 216 00:12:10,960 --> 00:12:13,040 Speaker 1: come into effect, all of a sudden, shipping rates are 217 00:12:13,080 --> 00:12:15,880 Speaker 1: going to soar at a time when you know we've 218 00:12:15,920 --> 00:12:18,959 Speaker 1: already seen shipping rates go up quite a bit. It 219 00:12:19,400 --> 00:12:24,240 Speaker 1: most likely would increase the rate to move a truck load, 220 00:12:24,400 --> 00:12:27,000 Speaker 1: you know, just at that point of the supply chain 221 00:12:27,080 --> 00:12:29,480 Speaker 1: where you know, you're trying to move this load from 222 00:12:29,520 --> 00:12:33,200 Speaker 1: the port to a terminal to a place where they 223 00:12:33,200 --> 00:12:35,840 Speaker 1: can you know, move that to a different truck that 224 00:12:35,840 --> 00:12:38,199 Speaker 1: would move that across the US, or move that onto 225 00:12:38,679 --> 00:12:42,240 Speaker 1: a round car, or you know, any other sorts of uh, 226 00:12:42,559 --> 00:12:45,960 Speaker 1: next point in the transportation system. I think I think 227 00:12:45,960 --> 00:12:50,240 Speaker 1: there is some debate and some question, you know, just 228 00:12:50,400 --> 00:12:53,600 Speaker 1: because of how bad the labor situation is, specifically at 229 00:12:53,600 --> 00:12:55,439 Speaker 1: the Port of l A and Long Beach and at 230 00:12:55,440 --> 00:12:58,240 Speaker 1: those terminals. Uh. You know, some might say, you know, 231 00:12:58,280 --> 00:13:01,080 Speaker 1: it's overdue and we've been paying too little at this 232 00:13:01,120 --> 00:13:04,960 Speaker 1: point for this service where you know, some drivers are 233 00:13:05,000 --> 00:13:08,840 Speaker 1: allegedly working up to twenty hours a day where they 234 00:13:08,920 --> 00:13:11,360 Speaker 1: might not even be receiving a paycheck, or some are 235 00:13:11,400 --> 00:13:14,839 Speaker 1: even paying to work. Um, you know, the abuses, the 236 00:13:14,920 --> 00:13:18,000 Speaker 1: labor abuses, uh at. You know, these ports have been 237 00:13:18,040 --> 00:13:21,600 Speaker 1: pretty well documented and it is um you know, some 238 00:13:21,600 --> 00:13:23,440 Speaker 1: some critics of the current system would say, you know, 239 00:13:23,480 --> 00:13:27,000 Speaker 1: it is overdue that rates go up essentially, So one 240 00:13:27,040 --> 00:13:29,520 Speaker 1: of the you know, one of the things we've learned 241 00:13:29,720 --> 00:13:31,840 Speaker 1: in the course of our episodes about trucking is that 242 00:13:31,880 --> 00:13:34,439 Speaker 1: there's like two distinct trucking markets. And there are the 243 00:13:34,520 --> 00:13:37,200 Speaker 1: port drivers and then they're the long haul over the 244 00:13:37,280 --> 00:13:39,480 Speaker 1: road drivers. And you were talking about this sort of 245 00:13:39,520 --> 00:13:42,440 Speaker 1: like culture of independence and people get into trucking. You know, 246 00:13:42,520 --> 00:13:44,720 Speaker 1: there might be a reason that they're not sitting behind 247 00:13:44,840 --> 00:13:48,760 Speaker 1: a desk and some email job, But is that true 248 00:13:48,840 --> 00:13:53,240 Speaker 1: for the like is the culture of port trucking the 249 00:13:53,360 --> 00:13:56,679 Speaker 1: same as the over the road like convoy style they 250 00:13:56,679 --> 00:13:58,440 Speaker 1: made movies about it, like it's at the same Because 251 00:13:58,440 --> 00:14:02,520 Speaker 1: my understanding, or least my impression, was that the port 252 00:14:02,640 --> 00:14:06,360 Speaker 1: drivers were more immigrants and people who had fewer opportunities 253 00:14:06,400 --> 00:14:10,160 Speaker 1: in the first place. And also and sort of related 254 00:14:10,200 --> 00:14:12,719 Speaker 1: to that, and uh, you know that you mentioned there 255 00:14:12,720 --> 00:14:16,960 Speaker 1: have been these protests in California against A five. Are 256 00:14:16,960 --> 00:14:19,840 Speaker 1: the people who are coming out to protest them? Do 257 00:14:19,920 --> 00:14:22,400 Speaker 1: we have reason to think that they're like representative of 258 00:14:22,480 --> 00:14:25,400 Speaker 1: the broader trucking industry or is it just like a 259 00:14:25,520 --> 00:14:31,440 Speaker 1: certain subset within that uh space who is particularly threatened 260 00:14:31,480 --> 00:14:33,720 Speaker 1: by this? You know, it's funny. I have reached out 261 00:14:33,760 --> 00:14:36,160 Speaker 1: to truck drivers kind of like in my network to 262 00:14:36,200 --> 00:14:38,240 Speaker 1: ask what they think about eight five. Most of them 263 00:14:38,240 --> 00:14:41,640 Speaker 1: are long haul drivers. Uh. Many of them are based 264 00:14:41,640 --> 00:14:44,240 Speaker 1: in the Midwest or you know, the Southeast. And when 265 00:14:44,240 --> 00:14:45,400 Speaker 1: I asked them, like, oh, what do you think of 266 00:14:45,400 --> 00:14:47,560 Speaker 1: this law, they were like, I don't care. It's in California. 267 00:14:47,600 --> 00:14:51,240 Speaker 1: I don't live in California. So there's definitely like, oh, 268 00:14:51,280 --> 00:14:53,040 Speaker 1: this this kind of idea of like, oh, that's happening 269 00:14:53,040 --> 00:14:55,760 Speaker 1: in California. I don't I don't like I really care 270 00:14:55,760 --> 00:14:58,680 Speaker 1: about California because I don't live there. And that's by 271 00:14:58,800 --> 00:15:03,000 Speaker 1: that's by design. Um. The pork drivers though, it is 272 00:15:03,080 --> 00:15:07,880 Speaker 1: definitely a different um. It's definitely a different like uh 273 00:15:08,160 --> 00:15:11,040 Speaker 1: ethnic makeup. I would say, so you know, the current 274 00:15:11,160 --> 00:15:13,440 Speaker 1: like statistics that I've seen is that you know, long 275 00:15:13,480 --> 00:15:17,160 Speaker 1: held truck drivers tend to be medium aged, round fifty 276 00:15:17,200 --> 00:15:20,920 Speaker 1: five to sixty UM, mostly white, you know, but there 277 00:15:20,960 --> 00:15:24,640 Speaker 1: are plenty of uh, you know, black or even Punjabi 278 00:15:24,920 --> 00:15:27,800 Speaker 1: truck drivers, so that it is, but you know, probably 279 00:15:27,800 --> 00:15:32,240 Speaker 1: like sixty seventy percent white, you know, mostly conservative, basically 280 00:15:32,280 --> 00:15:35,840 Speaker 1: everything you kind of picture when you picture a truck driver. UM. 281 00:15:35,880 --> 00:15:39,240 Speaker 1: But the porth drivers are definitely quite different. Especially in 282 00:15:39,280 --> 00:15:44,080 Speaker 1: southern California. It is mostly uh, immigrants from Latin America 283 00:15:44,160 --> 00:15:48,320 Speaker 1: or East Asia. Uh. The ages are a bit more diverse. 284 00:15:48,360 --> 00:15:50,920 Speaker 1: It's not all you know, people in their fifties or 285 00:15:50,960 --> 00:15:55,080 Speaker 1: sixties or seventies, UM. And I can't really comment on 286 00:15:55,200 --> 00:15:58,200 Speaker 1: what their political leanings are, but it is definitely just 287 00:15:59,040 --> 00:16:02,200 Speaker 1: it's a much different than graphic. I'd say. It's one 288 00:16:02,240 --> 00:16:05,440 Speaker 1: one follow up you said, when you talk to truck drivers, 289 00:16:05,680 --> 00:16:08,560 Speaker 1: they're like, well, I don't, I don't I'm not from California, 290 00:16:08,600 --> 00:16:10,800 Speaker 1: what do I care? But my impression is actually really 291 00:16:10,840 --> 00:16:12,960 Speaker 1: doesn't matter. And part of the reason this is now 292 00:16:13,000 --> 00:16:17,800 Speaker 1: a legal debate is because you have California. It sounds like, uh, 293 00:16:17,840 --> 00:16:20,480 Speaker 1: you know, setting the rules for the entire country. And 294 00:16:20,520 --> 00:16:23,480 Speaker 1: if there's differences in rules, then that creates problems because 295 00:16:23,520 --> 00:16:25,960 Speaker 1: truck's cross borders. So can you talk about like the 296 00:16:26,040 --> 00:16:29,480 Speaker 1: tension of California having its own distinct set of laws 297 00:16:29,560 --> 00:16:34,640 Speaker 1: that verse the other ones. Yeah, So it really at 298 00:16:34,640 --> 00:16:38,040 Speaker 1: this time, the main threat that people in the trucking 299 00:16:38,040 --> 00:16:40,880 Speaker 1: industry who are against a B five C is other 300 00:16:40,960 --> 00:16:44,560 Speaker 1: states implementing the same law. It's not so much as 301 00:16:45,000 --> 00:16:47,280 Speaker 1: it's not so much the concern is like, oh, California 302 00:16:47,360 --> 00:16:48,920 Speaker 1: is doing this, now we all have to do this. 303 00:16:49,040 --> 00:16:52,320 Speaker 1: It's more, um, you know, California is doing this, and 304 00:16:52,360 --> 00:16:55,200 Speaker 1: now we're looking at Massachusetts or Illinois. Both of these 305 00:16:55,320 --> 00:16:59,040 Speaker 1: states are ones are moving towards laws like this. So 306 00:16:59,520 --> 00:17:03,360 Speaker 1: that's really the big concern um in the industry. But 307 00:17:04,080 --> 00:17:06,959 Speaker 1: you know, if you're if I, my understanding is that 308 00:17:07,000 --> 00:17:10,920 Speaker 1: if your company is not based in California or Massachusetts 309 00:17:11,040 --> 00:17:14,560 Speaker 1: or Illinois, um, it doesn't really matter what the what 310 00:17:14,640 --> 00:17:17,840 Speaker 1: those state laws are because your company is based not 311 00:17:17,920 --> 00:17:20,520 Speaker 1: in those places. And you know, the way the trucking 312 00:17:20,520 --> 00:17:23,720 Speaker 1: industry is right now is that most inter operators specifically 313 00:17:23,760 --> 00:17:27,800 Speaker 1: are based in states or areas with lower cost of living, 314 00:17:27,840 --> 00:17:30,720 Speaker 1: just because the job is has a median pay around 315 00:17:30,800 --> 00:17:34,760 Speaker 1: fifty thousand, forty five to fifty thousand a year. So, um, 316 00:17:34,800 --> 00:17:36,679 Speaker 1: it doesn't really make sense to live in you know, 317 00:17:37,400 --> 00:17:41,040 Speaker 1: the Boston metro area or um, you know, Palo Alto. 318 00:17:41,240 --> 00:17:44,560 Speaker 1: So most truck drivers, most inter operators are tend to 319 00:17:44,560 --> 00:17:47,840 Speaker 1: be based, you know, in the Midwest or southeast or 320 00:17:47,880 --> 00:17:52,120 Speaker 1: Appalachian area. So you mentioned earlier this idea of a 321 00:17:52,240 --> 00:17:54,880 Speaker 1: very low barrier to entry to become a truck driver 322 00:17:55,080 --> 00:17:59,440 Speaker 1: or an owner operator, and I think like de regulation 323 00:17:59,640 --> 00:18:02,560 Speaker 1: sort of goes hand in hand with the American dreams sometimes, 324 00:18:02,600 --> 00:18:04,439 Speaker 1: you know, you can start your own business from scratch 325 00:18:04,480 --> 00:18:06,280 Speaker 1: and you don't have to jump through that many legal 326 00:18:06,320 --> 00:18:08,879 Speaker 1: loopholes in order to do it. Can you talk to 327 00:18:09,000 --> 00:18:13,280 Speaker 1: us a little bit more about deregulation efforts in trucking 328 00:18:13,400 --> 00:18:15,800 Speaker 1: in the eighties and nineties, because as I understand it, 329 00:18:15,840 --> 00:18:18,800 Speaker 1: like they were quite unusual for the industry, and this 330 00:18:18,880 --> 00:18:21,040 Speaker 1: is really where some of that tension between the state 331 00:18:21,119 --> 00:18:24,800 Speaker 1: laws versus the federal regulation is coming from. Yeah, so 332 00:18:24,880 --> 00:18:27,119 Speaker 1: this is my literally one of my favorite things to 333 00:18:27,119 --> 00:18:29,560 Speaker 1: talk about. I'm very glad that we're talking about this. 334 00:18:29,920 --> 00:18:34,280 Speaker 1: So in uh, you know, so actually, we're gonna go 335 00:18:34,359 --> 00:18:39,359 Speaker 1: back all the way to which, which is when the 336 00:18:39,400 --> 00:18:42,199 Speaker 1: trucking industry was, you know, really in its infancy, and 337 00:18:42,240 --> 00:18:45,680 Speaker 1: it was first regulated in part because of motivations from 338 00:18:45,760 --> 00:18:48,400 Speaker 1: the rail industry. They're saying, Okay, this industry is being 339 00:18:48,400 --> 00:18:52,560 Speaker 1: too big, it's way too Basically, their rates are incredibly cheap. 340 00:18:52,920 --> 00:18:55,360 Speaker 1: We need to sort of like inter interfere and make 341 00:18:55,359 --> 00:18:59,679 Speaker 1: sure these it's not as um, you know, economically viable 342 00:18:59,760 --> 00:19:02,760 Speaker 1: to go to trucking rather than go to rail. So 343 00:19:02,840 --> 00:19:05,159 Speaker 1: that was one kind of reason why we saw in 344 00:19:05,240 --> 00:19:09,720 Speaker 1: NIVE that the trucking industry was regulated, And by regulated, 345 00:19:09,800 --> 00:19:12,480 Speaker 1: I mean that every single thing that you moved via 346 00:19:12,560 --> 00:19:16,120 Speaker 1: truck besides agriculture, which is a whole other topic. Basically, 347 00:19:16,160 --> 00:19:21,480 Speaker 1: if you're moving widgets from des Moines to Detroit, UM 348 00:19:21,560 --> 00:19:24,000 Speaker 1: you have to apply to the federal government and say hey, 349 00:19:24,040 --> 00:19:26,360 Speaker 1: I want to move widges from Des Moines to Detroit, 350 00:19:27,040 --> 00:19:29,560 Speaker 1: and they could accept your offer, they could reject it. 351 00:19:29,600 --> 00:19:33,160 Speaker 1: Most likely someone else already has that UM already has 352 00:19:33,200 --> 00:19:35,520 Speaker 1: that lane. So you know they're going to reject it 353 00:19:35,520 --> 00:19:38,439 Speaker 1: because they already have that lane. UM. So it was 354 00:19:38,520 --> 00:19:41,520 Speaker 1: it was very challenging to enter the trucking industry at 355 00:19:41,520 --> 00:19:45,720 Speaker 1: that time, and by night, which is when UH, the 356 00:19:45,760 --> 00:19:49,959 Speaker 1: trucking industry was deregulated, we had about seventeen thousand trucking 357 00:19:49,960 --> 00:19:53,680 Speaker 1: companies still so still quite a few. But so by 358 00:19:53,720 --> 00:19:56,360 Speaker 1: the end of the nineteen seventies, with stagflation all these 359 00:19:56,359 --> 00:20:01,320 Speaker 1: other topics, lawmakers and economists were really looking at deregulating 360 00:20:01,600 --> 00:20:05,960 Speaker 1: industries to make things cheaper. Essentially, so the idea was, Okay, 361 00:20:06,000 --> 00:20:09,480 Speaker 1: if we deregulate trucking, the cost of everything will go down. 362 00:20:10,560 --> 00:20:14,000 Speaker 1: What they didn't realize is that by deregulating it, that 363 00:20:14,000 --> 00:20:17,800 Speaker 1: that would also really cut pay for drivers. Essentially, a 364 00:20:17,840 --> 00:20:22,320 Speaker 1: lot of the trucking companies were raising rates, raising rates 365 00:20:22,520 --> 00:20:26,320 Speaker 1: UH in negotiation with teamsters, and you know the rates 366 00:20:26,359 --> 00:20:29,760 Speaker 1: that you know retailers were paying eventually essentially just went 367 00:20:29,800 --> 00:20:34,960 Speaker 1: straight to employees. So by night the industry was deregulated. 368 00:20:35,080 --> 00:20:37,760 Speaker 1: It wasn't the first deregulation, but it was definitely the 369 00:20:37,920 --> 00:20:42,080 Speaker 1: most um impactful and the biggest. They basically said, okay, 370 00:20:42,200 --> 00:20:46,119 Speaker 1: actually no routes are regulated. Basically, it's a free for 371 00:20:46,160 --> 00:20:50,040 Speaker 1: all and um, you can move whatever you want wherever 372 00:20:50,119 --> 00:20:52,800 Speaker 1: you want. It doesn't matter. Right after that we saw 373 00:20:52,960 --> 00:20:57,480 Speaker 1: hundreds of trucking and trucking companies go bankrupt. Most of 374 00:20:57,520 --> 00:21:00,600 Speaker 1: those were unionized trucking companies. They went corupt within the 375 00:21:00,640 --> 00:21:03,560 Speaker 1: first few years of the regulation. And it's just a 376 00:21:03,600 --> 00:21:07,640 Speaker 1: price war and people couldn't stay afloat yeah yeah, um. 377 00:21:07,760 --> 00:21:10,800 Speaker 1: And in its uh when all those companies went out 378 00:21:10,840 --> 00:21:14,640 Speaker 1: of business, most of the companies that replaced them were 379 00:21:14,680 --> 00:21:17,560 Speaker 1: not unionized. You know, they were smaller drivers, they were 380 00:21:17,600 --> 00:21:21,680 Speaker 1: smaller companies. Uh. So we saw the industry go from 381 00:21:21,840 --> 00:21:25,760 Speaker 1: seventeen thousand companies dimensioned at the end of the seventies too. 382 00:21:26,280 --> 00:21:28,680 Speaker 1: Now there are more than two hundred thousand trucking companies. 383 00:21:28,960 --> 00:21:33,440 Speaker 1: Some people have called it destructive competition, just how it's 384 00:21:33,680 --> 00:21:35,399 Speaker 1: essentially a race to the bottom when it comes to 385 00:21:35,640 --> 00:21:39,840 Speaker 1: when it comes to uh these routes. How unionized is 386 00:21:39,880 --> 00:21:41,879 Speaker 1: trucking still today? Because you know, it's funny, like when 387 00:21:41,920 --> 00:21:43,919 Speaker 1: I think of like the teamsters or something, it's like 388 00:21:44,160 --> 00:21:47,120 Speaker 1: that's the industry that first comes to mind. But how 389 00:21:47,160 --> 00:21:50,080 Speaker 1: prevalent is unionization? What is the role? What is their 390 00:21:50,160 --> 00:21:53,200 Speaker 1: role on this? It's pretty it's it's not common. I 391 00:21:53,200 --> 00:21:55,359 Speaker 1: would need to check on what the most recent numbers 392 00:21:55,400 --> 00:21:59,760 Speaker 1: are but it's a few thousand I believe maybe a 393 00:21:59,760 --> 00:22:02,960 Speaker 1: few ten thousand's who are who are employed. And again 394 00:22:03,000 --> 00:22:05,520 Speaker 1: this is out of two million drivers. So you were 395 00:22:05,520 --> 00:22:10,040 Speaker 1: talking about federal deregulation versus the California Act when it 396 00:22:10,080 --> 00:22:14,120 Speaker 1: comes to gig economy workers. So what exactly is like 397 00:22:14,200 --> 00:22:16,320 Speaker 1: how much of a mess is this for the trucking 398 00:22:16,359 --> 00:22:21,159 Speaker 1: industry and how are people navigating it right now? Yeah? So, um, 399 00:22:21,280 --> 00:22:25,199 Speaker 1: I forgot to mention. So after night, Um, you know, 400 00:22:25,359 --> 00:22:28,679 Speaker 1: the industry was deregulated. All the sort of follow up 401 00:22:28,720 --> 00:22:33,800 Speaker 1: from that happened, and then under President Clinton he passed 402 00:22:33,840 --> 00:22:38,720 Speaker 1: something called the Federal Aviation Administration Authorization Act, also called 403 00:22:38,840 --> 00:22:40,840 Speaker 1: I know, I literally wrote it down to my notes 404 00:22:40,880 --> 00:22:43,680 Speaker 1: to make sure I got every every word. But it's 405 00:22:43,760 --> 00:22:46,080 Speaker 1: also called F for a So we don't ever have 406 00:22:46,160 --> 00:22:48,280 Speaker 1: to say that again, just F for a. UM. And 407 00:22:48,280 --> 00:22:52,560 Speaker 1: what that said is that you cannot, uh, any state 408 00:22:52,640 --> 00:22:57,320 Speaker 1: cannot pass a law that interferes with the regulation. Basically, 409 00:22:57,359 --> 00:23:02,560 Speaker 1: no state can have any of law that would regulate 410 00:23:02,640 --> 00:23:05,600 Speaker 1: the pricing or the route or any of these other 411 00:23:05,680 --> 00:23:11,400 Speaker 1: factors of a trucking movement. And that relates to trucking 412 00:23:11,440 --> 00:23:15,040 Speaker 1: companies as well as intermediaries and any sort of other 413 00:23:15,040 --> 00:23:19,639 Speaker 1: company involved in the trucking world. So the argument is 414 00:23:19,680 --> 00:23:24,200 Speaker 1: that UM five, by preventing who can be a truck 415 00:23:24,280 --> 00:23:26,600 Speaker 1: driver and who can be a truck driver employee and 416 00:23:27,200 --> 00:23:30,000 Speaker 1: versus owner, operator and what have you, the argument is 417 00:23:30,000 --> 00:23:33,480 Speaker 1: that that law interferes with f for a because it 418 00:23:33,760 --> 00:23:37,840 Speaker 1: introduces a regulation to the trucking industry that's not on 419 00:23:37,880 --> 00:23:40,359 Speaker 1: the federal level. You Know, what I think is really 420 00:23:40,400 --> 00:23:43,520 Speaker 1: interesting about all this is that, you know, thinking about, Okay, 421 00:23:43,520 --> 00:23:45,760 Speaker 1: the last time we had this big bout of inflation, 422 00:23:45,880 --> 00:23:47,840 Speaker 1: the answer is like, right, do you regulate everything? Do 423 00:23:47,840 --> 00:23:50,919 Speaker 1: you regulate trucking, do regulate ports? Do you regulate airlines? 424 00:23:51,000 --> 00:23:54,119 Speaker 1: Do regulate electricity and so forth. It's interesting now, like 425 00:23:54,160 --> 00:23:59,359 Speaker 1: obviously we're in this other phase of inflation, and yet 426 00:23:59,520 --> 00:24:01,359 Speaker 1: no one really talks about that because I think like 427 00:24:01,359 --> 00:24:03,439 Speaker 1: everyone thinks, well, we've already squeezed everything out of like 428 00:24:03,480 --> 00:24:06,439 Speaker 1: the deregulation lemon we're going to get and now, like, 429 00:24:06,480 --> 00:24:08,520 Speaker 1: if anything, our approach is like very different and much 430 00:24:08,560 --> 00:24:11,240 Speaker 1: more like sort of at least the Democrats approaches, like 431 00:24:11,480 --> 00:24:15,439 Speaker 1: much more active involvement in industry, like purposeful average to 432 00:24:15,440 --> 00:24:18,239 Speaker 1: expand the supply side, like the kind of what we 433 00:24:18,240 --> 00:24:20,600 Speaker 1: were speaking about with Ezra Client recently, right, like the 434 00:24:20,640 --> 00:24:24,040 Speaker 1: idea that previous supply side measures were all about cutting 435 00:24:24,080 --> 00:24:27,199 Speaker 1: taxes to regulating making it easier for people to produce 436 00:24:27,200 --> 00:24:30,960 Speaker 1: more that way, whereas this new supply side liberalism is 437 00:24:30,960 --> 00:24:33,639 Speaker 1: more about actually smoothing the business cycle and how to 438 00:24:33,720 --> 00:24:36,720 Speaker 1: encourage investment. What's company with the business. It's like, I 439 00:24:36,720 --> 00:24:38,840 Speaker 1: think the last time, like when we were talking about 440 00:24:38,840 --> 00:24:42,240 Speaker 1: trucking before, is probably when prices were way up another down. Yeah, 441 00:24:42,320 --> 00:24:46,119 Speaker 1: So on the business on the market side, Uh, we 442 00:24:46,200 --> 00:24:50,760 Speaker 1: are seeing especially for spot rates, which are more likely 443 00:24:50,800 --> 00:24:54,080 Speaker 1: to be taken by owner operators or at least owner operators. Uh, 444 00:24:54,240 --> 00:24:57,439 Speaker 1: those are going way down. Contract rates, there are signs 445 00:24:57,480 --> 00:25:00,720 Speaker 1: of that finally softening, and that affects or the larger 446 00:25:00,800 --> 00:25:05,040 Speaker 1: trucking companies. UM. So it's definitely we're definitely seeing a 447 00:25:05,080 --> 00:25:08,000 Speaker 1: softening in the trucking market right now. Uh. You know, 448 00:25:08,160 --> 00:25:11,280 Speaker 1: diesel is still really an affordability issue for especially for 449 00:25:11,440 --> 00:25:17,000 Speaker 1: smaller smaller companies. UM. Equipment is still hard to come by. 450 00:25:17,200 --> 00:25:21,359 Speaker 1: There's all there's still all of these major headwinds and 451 00:25:22,359 --> 00:25:25,040 Speaker 1: it is definitely a challenging time to be a small 452 00:25:25,200 --> 00:25:43,960 Speaker 1: trucking company. Right now, what's the sort of macro take 453 00:25:44,160 --> 00:25:47,440 Speaker 1: on trucking rates coming down? Like you speak to people 454 00:25:47,440 --> 00:25:49,160 Speaker 1: in the industry all the time. What are they saying 455 00:25:49,240 --> 00:25:52,480 Speaker 1: is that there's inventories are too big and they need 456 00:25:52,520 --> 00:25:55,879 Speaker 1: to start reducing or you know, consumer demand is falling 457 00:25:55,920 --> 00:25:59,159 Speaker 1: off a cliff. Like how important do people think this 458 00:25:59,280 --> 00:26:03,480 Speaker 1: drop actually is? Yeah? So one estimate from Convoy, which 459 00:26:03,520 --> 00:26:07,439 Speaker 1: is a freight brokerage, they estimated before that half of 460 00:26:07,560 --> 00:26:12,400 Speaker 1: all trucking recessions were the harbinger for a larger macro recession. So, 461 00:26:12,960 --> 00:26:15,280 Speaker 1: for instance, in twenty nineteen, we did see a recession 462 00:26:15,280 --> 00:26:19,760 Speaker 1: in the trucking. The trucking recession predicted the pandemic. Yeah right, 463 00:26:20,040 --> 00:26:25,480 Speaker 1: just like Okay, I wrote a story in about how 464 00:26:25,640 --> 00:26:30,080 Speaker 1: the yield curve inverting was, Like, was the trucking was 465 00:26:30,119 --> 00:26:34,119 Speaker 1: the precursor for the trucking predicted the inverting and the 466 00:26:34,200 --> 00:26:39,760 Speaker 1: old curve invertict predicted COVID nineteen Yeah, exactly exactly. So um, 467 00:26:40,119 --> 00:26:42,840 Speaker 1: but it is a really great um. Trucking is a 468 00:26:42,880 --> 00:26:45,840 Speaker 1: really great UH window to look through the rest of 469 00:26:45,840 --> 00:26:49,359 Speaker 1: the economy because you can see uh consumer behavior, you 470 00:26:49,359 --> 00:26:52,160 Speaker 1: can see home building, you can see industrial. They're all 471 00:26:52,200 --> 00:26:55,480 Speaker 1: these sorts of UM elements that you can see through 472 00:26:55,720 --> 00:26:58,960 Speaker 1: through the trucking industry. UM. And for instance, in the 473 00:26:59,000 --> 00:27:01,399 Speaker 1: twenty nineteen down to or and that wasn't so much 474 00:27:01,440 --> 00:27:04,320 Speaker 1: a sign of consumer softness, but it was definitely a 475 00:27:04,320 --> 00:27:08,159 Speaker 1: sign of industrial softness. And now we're now the current 476 00:27:08,400 --> 00:27:12,840 Speaker 1: downturn and trucking is I would say more more UH 477 00:27:13,000 --> 00:27:17,200 Speaker 1: widely reflects a consumer softness. So they're they're plenty of 478 00:27:17,480 --> 00:27:20,760 Speaker 1: plenty of my macro elements of this. I suppose the 479 00:27:20,800 --> 00:27:22,800 Speaker 1: big question is how much of that is just people 480 00:27:22,800 --> 00:27:25,200 Speaker 1: buying less stuff because they loaded up on it in 481 00:27:25,240 --> 00:27:26,679 Speaker 1: the past couple of years, and now we're going to 482 00:27:26,720 --> 00:27:29,400 Speaker 1: see a shift to services and the economy might still 483 00:27:29,440 --> 00:27:33,360 Speaker 1: be okay. So you mentioned, um, the free brokerage convoy 484 00:27:33,480 --> 00:27:36,240 Speaker 1: when we were at we interviewed the CEO of a 485 00:27:36,800 --> 00:27:41,320 Speaker 1: competitor free brokerage at your conference in May, Matt piet 486 00:27:41,320 --> 00:27:44,480 Speaker 1: and arrived logistics. UM. This is another legal thing you've 487 00:27:44,520 --> 00:27:47,640 Speaker 1: been talking about, which is right. So I imagine the 488 00:27:47,720 --> 00:27:51,080 Speaker 1: industry must be ensured out the wazoo because truck drivers 489 00:27:51,119 --> 00:27:53,600 Speaker 1: get into accidents from time to time, and that's bad 490 00:27:54,200 --> 00:27:57,760 Speaker 1: and that could be extremely costly. There's issues now whether 491 00:27:57,840 --> 00:28:00,600 Speaker 1: the brokerages themselves could be live. Well can you talk 492 00:28:00,640 --> 00:28:05,399 Speaker 1: about that particular dimension. Yeah. So, also seen at the 493 00:28:05,400 --> 00:28:09,359 Speaker 1: Supreme Court, UH this summer, along with a B five, 494 00:28:09,720 --> 00:28:13,080 Speaker 1: there was this case involving C. H. Robinson, which is 495 00:28:13,280 --> 00:28:16,720 Speaker 1: by far the largest trucking brokerage in the US. UM 496 00:28:16,760 --> 00:28:20,800 Speaker 1: they arranged the movement, UH that went through the state 497 00:28:20,840 --> 00:28:25,919 Speaker 1: of Nevada. That truck driver who was the UM you know, 498 00:28:26,000 --> 00:28:29,439 Speaker 1: client of C. Robinson I believe, went over the median 499 00:28:29,760 --> 00:28:33,800 Speaker 1: of a road and crashed their car into a twentysomething man. 500 00:28:34,400 --> 00:28:38,520 Speaker 1: It was a very bad accident. The young man is 501 00:28:38,520 --> 00:28:42,959 Speaker 1: now was rendering the quadriplegic um and as a result 502 00:28:43,000 --> 00:28:46,320 Speaker 1: of that, the family in the law firm wanted to 503 00:28:46,400 --> 00:28:50,200 Speaker 1: not only hold the trucking company accountable for that, but 504 00:28:50,280 --> 00:28:54,440 Speaker 1: also C. H. Robinson, which arranged the move So under 505 00:28:54,520 --> 00:28:58,360 Speaker 1: F four A, as we discussed, a state cannot have 506 00:28:58,520 --> 00:29:02,360 Speaker 1: any sort of in reference or regulation of a brokerage 507 00:29:02,360 --> 00:29:05,400 Speaker 1: that is not already at the federal level. UM. So 508 00:29:05,480 --> 00:29:07,720 Speaker 1: the argument that C. H. Robinson and you know, the 509 00:29:07,760 --> 00:29:11,440 Speaker 1: broker community as a whole. Uh, they argued that you know, 510 00:29:11,560 --> 00:29:15,560 Speaker 1: trying to hold C. H. Robinson accountable for UM for 511 00:29:15,600 --> 00:29:18,560 Speaker 1: this for this accident would be in violation of F 512 00:29:18,680 --> 00:29:21,560 Speaker 1: for A. Uh. The Supreme Court looked at this, UM 513 00:29:21,640 --> 00:29:25,160 Speaker 1: did not want to weigh in, and that as a result, 514 00:29:25,200 --> 00:29:29,560 Speaker 1: the the circuit level decision on this case stood, and 515 00:29:30,040 --> 00:29:33,400 Speaker 1: UH the brokerage is going to be held accountable in 516 00:29:33,600 --> 00:29:37,040 Speaker 1: court in a few months. So my big question is, 517 00:29:37,360 --> 00:29:42,160 Speaker 1: you have this federal law f for A. I can't 518 00:29:42,160 --> 00:29:45,160 Speaker 1: even remember the actual title of it, and then you 519 00:29:45,240 --> 00:29:48,640 Speaker 1: have the these changes at the state level, UM, like 520 00:29:48,760 --> 00:29:53,800 Speaker 1: in California and Massachusetts. It was Massachusetts, right, Massachusetts and 521 00:29:53,840 --> 00:29:57,240 Speaker 1: Illinois are considering kind of similar law. Why won't the 522 00:29:57,280 --> 00:30:00,680 Speaker 1: Supreme Court here these cases? Like what like, Supreme Court 523 00:30:00,720 --> 00:30:04,120 Speaker 1: seems to be very into activism um for lack of 524 00:30:04,160 --> 00:30:06,040 Speaker 1: a better word, right now, So why wouldn't they try 525 00:30:06,240 --> 00:30:09,080 Speaker 1: to to, you know, come up with some sort of 526 00:30:09,160 --> 00:30:14,400 Speaker 1: decision on something that seems quite disruptive and confusing. That's 527 00:30:14,400 --> 00:30:18,440 Speaker 1: a great question. I cannot answer that because I'm not 528 00:30:18,520 --> 00:30:20,480 Speaker 1: the Supreme Court, but I would like to know. I'm 529 00:30:20,520 --> 00:30:22,920 Speaker 1: sure you know, many people in the industry were definitely 530 00:30:23,000 --> 00:30:26,760 Speaker 1: interested in knowing that. My my assumption is that perhaps 531 00:30:26,800 --> 00:30:29,160 Speaker 1: they agree with the lower court decision and therefore they're 532 00:30:29,160 --> 00:30:32,920 Speaker 1: just going to let that stand. Um. But you know, 533 00:30:33,000 --> 00:30:35,760 Speaker 1: it does kind of get into this broader issue where 534 00:30:36,480 --> 00:30:40,120 Speaker 1: we really don't see the federal government want to get 535 00:30:40,160 --> 00:30:43,080 Speaker 1: involved in trucking at all, which I think the industry 536 00:30:43,160 --> 00:30:46,040 Speaker 1: says is a good thing. But now with the current 537 00:30:46,200 --> 00:30:49,200 Speaker 1: issues with uh A B five as well as the 538 00:30:49,480 --> 00:30:53,080 Speaker 1: Robinson case, UH, now the industry is saying like, please, 539 00:30:53,200 --> 00:30:56,160 Speaker 1: we need guidance, like please someone step in, which is 540 00:30:56,760 --> 00:30:59,920 Speaker 1: um really unusual for any industry, but especially in US 541 00:31:00,000 --> 00:31:02,880 Speaker 1: will for the trucking industry, which is historically pretty um 542 00:31:03,240 --> 00:31:07,600 Speaker 1: anti regulation. But at this point the struggle is really that, uh, 543 00:31:09,000 --> 00:31:10,800 Speaker 1: you know, in the industry they're not really sure like 544 00:31:11,040 --> 00:31:15,200 Speaker 1: how best to move goods across the US because it 545 00:31:15,200 --> 00:31:16,680 Speaker 1: could get to the point where we have for the 546 00:31:16,760 --> 00:31:21,040 Speaker 1: eight distinct countries essentially in one country. So I guess 547 00:31:21,120 --> 00:31:23,960 Speaker 1: this is kind of the argument for like the case 548 00:31:24,000 --> 00:31:28,720 Speaker 1: against UH state level regulation, right, or why state in 549 00:31:28,840 --> 00:31:31,120 Speaker 1: theory shouldn't be allowed to interfere, which is that you 550 00:31:31,120 --> 00:31:33,320 Speaker 1: then that can interview with like interfere with the cross 551 00:31:33,320 --> 00:31:36,840 Speaker 1: state commerce and create forty eight separate countries if you 552 00:31:36,840 --> 00:31:38,960 Speaker 1: want to move something from California to Florida, and you 553 00:31:39,000 --> 00:31:41,600 Speaker 1: have to comply with each state's law on the way. 554 00:31:41,760 --> 00:31:43,600 Speaker 1: I just want to go back though to like this 555 00:31:43,720 --> 00:31:46,080 Speaker 1: like question and the A B five question. We know 556 00:31:46,200 --> 00:31:49,640 Speaker 1: like about the protesters and the culture of truck etcetera, 557 00:31:49,720 --> 00:31:54,400 Speaker 1: Like have you encountered people? Uh, there must be people 558 00:31:54,440 --> 00:31:58,480 Speaker 1: who drive today that want these new productions, want these 559 00:31:58,480 --> 00:32:00,800 Speaker 1: new arrangements because again, like you read, you know, it's 560 00:32:00,840 --> 00:32:03,800 Speaker 1: like us say today one that like uh pults or 561 00:32:03,800 --> 00:32:06,360 Speaker 1: a few years ago for like pretty awful conditions for 562 00:32:06,360 --> 00:32:09,640 Speaker 1: a lot of these drivers. Have you found any that 563 00:32:10,320 --> 00:32:13,400 Speaker 1: want these changes? So a lot of them are fearful 564 00:32:13,400 --> 00:32:18,360 Speaker 1: of speaking out on actually the there there basic is 565 00:32:18,400 --> 00:32:21,400 Speaker 1: really challenging to find drivers who will speak honestly about 566 00:32:21,440 --> 00:32:24,640 Speaker 1: these uh then mostly speak anonymously. But there is definitely, 567 00:32:24,840 --> 00:32:28,800 Speaker 1: you know, a a sector of the trucking community right 568 00:32:28,800 --> 00:32:32,320 Speaker 1: now that is you know that does want more regulations. 569 00:32:32,600 --> 00:32:34,960 Speaker 1: The other thing to know is that there is uh 570 00:32:35,400 --> 00:32:38,200 Speaker 1: definitely some misinformation in terms of like what being an 571 00:32:38,200 --> 00:32:41,680 Speaker 1: employee can do for you. Um, you know, there is 572 00:32:41,720 --> 00:32:45,640 Speaker 1: some misunderstandings around Okay, actually, like if you are a 573 00:32:45,680 --> 00:32:48,680 Speaker 1: class by as his employee, like you can get health insurance, 574 00:32:48,720 --> 00:32:50,800 Speaker 1: you can you know, take time off when you want 575 00:32:50,800 --> 00:32:54,080 Speaker 1: to take time off. Um. I think the other the 576 00:32:54,120 --> 00:32:57,640 Speaker 1: others were of like larger complication here is how how 577 00:32:57,720 --> 00:32:59,960 Speaker 1: much will this law be enforced? Because we have seen 578 00:33:00,080 --> 00:33:04,080 Speaker 1: other sort of court decisions, you know, ruling on how 579 00:33:04,320 --> 00:33:06,960 Speaker 1: you know, certain ways of the trucking industry needs to operate. 580 00:33:07,520 --> 00:33:08,960 Speaker 1: Maybe they have to pay the fine, they have to 581 00:33:08,960 --> 00:33:12,480 Speaker 1: pay out the class action fine, but it doesn't really 582 00:33:12,520 --> 00:33:14,440 Speaker 1: change how the industry works. So I think there is 583 00:33:14,520 --> 00:33:18,640 Speaker 1: kind of some opinions around, you know, is this even 584 00:33:18,640 --> 00:33:21,800 Speaker 1: gonna happen? Like will this even help me? Rachel PRIMEC 585 00:33:21,880 --> 00:33:23,680 Speaker 1: thank you so much for coming on odd lots. Yeah, 586 00:33:23,720 --> 00:33:39,960 Speaker 1: thanks for having Yeah that was fun. Thank you. You 587 00:33:40,000 --> 00:33:43,280 Speaker 1: know what I was thinking about Tracy with foreign in particular. 588 00:33:43,280 --> 00:33:44,960 Speaker 1: I don't know if you remember, like at the beginning 589 00:33:45,000 --> 00:33:47,160 Speaker 1: of the Biden administration and it was like, oh, it's 590 00:33:47,240 --> 00:33:52,240 Speaker 1: neo liberalism dead episode, Yeah, and Mike Console was on. 591 00:33:52,480 --> 00:33:54,360 Speaker 1: But one of the things, or one of the points 592 00:33:54,560 --> 00:33:56,920 Speaker 1: that he made was like this idea of like, okay, 593 00:33:57,360 --> 00:34:00,720 Speaker 1: neo liberalism setting some rules and then in casing it, 594 00:34:00,920 --> 00:34:03,440 Speaker 1: you can't change the rules. And I didn't know about 595 00:34:03,680 --> 00:34:06,959 Speaker 1: for a before, but thinking about like the Clinton years 596 00:34:07,120 --> 00:34:10,360 Speaker 1: and this of this like part of the law itself 597 00:34:10,600 --> 00:34:12,760 Speaker 1: is that states can't come up with their own laws 598 00:34:12,840 --> 00:34:15,239 Speaker 1: like this sort of like self reinforcing law. It's like 599 00:34:15,560 --> 00:34:19,080 Speaker 1: it's very it's very Clinton, it's very clean. Maybe what 600 00:34:19,160 --> 00:34:23,080 Speaker 1: we need is a European Union for for America, for 601 00:34:23,080 --> 00:34:25,279 Speaker 1: for the free movement of goods and people, so that 602 00:34:25,320 --> 00:34:27,839 Speaker 1: we don't end up with forty eight countries. Well right, like, 603 00:34:27,880 --> 00:34:30,560 Speaker 1: I mean that's like, right what Britain is dealing with 604 00:34:30,640 --> 00:34:33,680 Speaker 1: right now. I mean, there are probably some really good 605 00:34:33,760 --> 00:34:37,000 Speaker 1: arguments in favor of not having a patchwork of forty 606 00:34:37,080 --> 00:34:41,239 Speaker 1: eight different transportation regulations. Yeah, I mean you can see, 607 00:34:41,360 --> 00:34:43,160 Speaker 1: you can see someone arguing that this is you know, 608 00:34:43,239 --> 00:34:46,239 Speaker 1: this is an industry that is basically cross states, and 609 00:34:46,320 --> 00:34:49,600 Speaker 1: therefore maybe someone wants to coordinate a little bit. But 610 00:34:49,920 --> 00:34:52,320 Speaker 1: I mean, I'm sort of amazed the number of times 611 00:34:52,320 --> 00:34:55,160 Speaker 1: that this like patchwork of state rules actually comes up 612 00:34:55,600 --> 00:34:58,720 Speaker 1: in our conversations. Yeah. No, it's it's kind of striking 613 00:34:58,840 --> 00:35:01,960 Speaker 1: that anything gets done. But right, like, it's really hard 614 00:35:02,000 --> 00:35:05,560 Speaker 1: to imagine how you could have cross state transportation if 615 00:35:05,560 --> 00:35:08,040 Speaker 1: each date can come up with its own rules. It's 616 00:35:08,080 --> 00:35:10,200 Speaker 1: also just interesting and I was really struck. But I 617 00:35:10,280 --> 00:35:14,440 Speaker 1: like hearing Rachel talk about like how much deregulation was 618 00:35:14,480 --> 00:35:17,560 Speaker 1: in response to a past period of inflation, which is 619 00:35:17,560 --> 00:35:19,600 Speaker 1: the theme that's been coming up lately, and how like 620 00:35:19,719 --> 00:35:21,960 Speaker 1: we're kind of like taking very different approaches now to 621 00:35:22,080 --> 00:35:24,279 Speaker 1: like this period of inflation. Yeah, I think that's a 622 00:35:24,320 --> 00:35:26,880 Speaker 1: really interesting theme to pull out. The other interesting thing 623 00:35:26,920 --> 00:35:30,320 Speaker 1: to me is just that that trucker culture, which we've 624 00:35:30,640 --> 00:35:33,279 Speaker 1: kind of spoken about a number of times now, in 625 00:35:33,320 --> 00:35:35,960 Speaker 1: this idea that you have an industry that values their 626 00:35:36,080 --> 00:35:40,760 Speaker 1: independence that seems to be de facto against stricter rules, 627 00:35:40,960 --> 00:35:44,799 Speaker 1: even if some of them might ostensibly help them out. 628 00:35:45,600 --> 00:35:48,040 Speaker 1: It's it's interesting to sort of like observe that. And 629 00:35:48,360 --> 00:35:50,799 Speaker 1: I guess it's hard to Rachel's point um at the 630 00:35:50,880 --> 00:35:52,840 Speaker 1: very end of the conversation, it's hard to get a 631 00:35:52,880 --> 00:35:56,280 Speaker 1: read on people who maybe feel differently to the consensus, 632 00:35:56,320 --> 00:35:58,600 Speaker 1: because no one really wants to speak out right, right, 633 00:35:58,640 --> 00:36:01,040 Speaker 1: And I think that there's like who can speak out 634 00:36:01,280 --> 00:36:04,719 Speaker 1: over the operators over the road, who like they make 635 00:36:04,760 --> 00:36:07,360 Speaker 1: movies about of out of and sort of glamorized, like 636 00:36:07,360 --> 00:36:10,239 Speaker 1: presumably they could speak out, but also I don't know. 637 00:36:10,320 --> 00:36:13,600 Speaker 1: My assumption would be that if you are a least 638 00:36:13,600 --> 00:36:19,720 Speaker 1: donor operator uh you're an immigrant with tenuous uh networks here, 639 00:36:19,719 --> 00:36:22,200 Speaker 1: limited English, that you're just easy. And so, you know, 640 00:36:22,200 --> 00:36:24,479 Speaker 1: when you think about like this culture of trucker, I 641 00:36:24,560 --> 00:36:27,120 Speaker 1: keep culture of truck drivers, you know, I keep wondering, 642 00:36:27,600 --> 00:36:29,839 Speaker 1: is there a culture of truck drivers that doesn't break 643 00:36:29,840 --> 00:36:32,319 Speaker 1: through to the meeting another culture of truck drivers. And 644 00:36:32,400 --> 00:36:34,200 Speaker 1: the other thing that this reminded me of, and this 645 00:36:34,320 --> 00:36:36,680 Speaker 1: was what we spoke about at the Freight Waves conference, 646 00:36:36,920 --> 00:36:39,879 Speaker 1: was the future of the freight brokerage. Right. So here 647 00:36:39,920 --> 00:36:43,799 Speaker 1: you have essentially a middleman role matching you know, people 648 00:36:43,840 --> 00:36:47,000 Speaker 1: who want to ship goods with actual drivers, and it 649 00:36:47,080 --> 00:36:50,960 Speaker 1: just seems like with that liability issue, that could be 650 00:36:51,160 --> 00:36:54,840 Speaker 1: a burden on I think an industry that's already facing 651 00:36:54,840 --> 00:36:56,680 Speaker 1: some pressures. Yeah, that seems like it's going to be 652 00:36:56,760 --> 00:36:59,319 Speaker 1: its own. But at the same time, if their only 653 00:36:59,400 --> 00:37:02,640 Speaker 1: job is to match customers with safe drivers and then 654 00:37:02,680 --> 00:37:05,399 Speaker 1: that driver has an accident, and then you're kind of 655 00:37:05,480 --> 00:37:08,600 Speaker 1: asking what are they The question is how well did 656 00:37:08,600 --> 00:37:11,160 Speaker 1: they scream? Right? Like that would be presumably that's the 657 00:37:11,239 --> 00:37:15,880 Speaker 1: question is how to what degree did the ostensible driver's safety. Actually, like, 658 00:37:16,000 --> 00:37:18,279 Speaker 1: how did they screen that? Well? I suppose they would 659 00:37:18,360 --> 00:37:21,759 Speaker 1: argue that drivers are regulated, like they have to pass 660 00:37:21,800 --> 00:37:24,480 Speaker 1: a commercial driver's license, and so it's the government's fault 661 00:37:24,520 --> 00:37:27,120 Speaker 1: if if the driver isn't very good. But anyway, okay, 662 00:37:27,160 --> 00:37:30,560 Speaker 1: we can argue to speculate about other other companies legal 663 00:37:30,600 --> 00:37:33,239 Speaker 1: strategies that we really have no idea. Shall we leave 664 00:37:33,280 --> 00:37:35,359 Speaker 1: it there? Let's leave it there. Okay. This has been 665 00:37:35,440 --> 00:37:38,560 Speaker 1: another episode of the All Thoughts podcast. I'm Tracy Alloway. 666 00:37:38,600 --> 00:37:40,960 Speaker 1: You can follow me on Twitter at Tracy Alloway, and 667 00:37:41,000 --> 00:37:43,879 Speaker 1: I'm Joe Wisntal. You can follow me on Twitter at 668 00:37:43,880 --> 00:37:46,680 Speaker 1: the Stalwark. Be sure to follow our guest Rachel Premax. 669 00:37:46,760 --> 00:37:49,919 Speaker 1: She's at r R p r E and check out 670 00:37:49,920 --> 00:37:55,319 Speaker 1: her newsletter modes. Follow our producer Carmen Rodriguez at Carmen Arman, 671 00:37:55,440 --> 00:37:57,919 Speaker 1: and check out all of our podcasts as Bloomberg under 672 00:37:57,920 --> 00:38:21,279 Speaker 1: the handle at podcasts. Thanks for things to