CA SB809

Establishes the Construction Trucking Employer Amnesty Program allowing eligible construction contractors to avoid civil and statutory penalties for misclassifying drivers as independent contractors if they execute a settlement agreement with the Labor Commissioner before January 1, 2029, agreeing to reclassify all drivers as employees and pay owed wages, benefits, and taxes

Clarifies that vehicle ownership alone (personal or commercial) does not make a worker an independent contractor; workers who own vehicles used for their job may still be employees subject to the ABC test under existing law

Requires employers to reimburse construction trucking employees who own their trucks, tractors, trailers, or other commercial vehicles for use, upkeep, and depreciation, with reimbursement amounts negotiated between driver and employer or through a labor union

Sets minimum reimbursement standards: negotiated rates cannot be less than actual expenses for flat rate reimbursement or the IRS standard mileage rate for per-mile reimbursement

Excludes from the amnesty program contractors with pending misclassification lawsuits filed on or before December 31, 2025, or those with final penalty assessments under Unemployment Insurance Code Section 1128