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Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Welcome to the Party: California to Require ELDs for Intrastate Drivers

Beginning January 1, 2024, California intrastate motor carriers and drivers will be required to use an electronic logging device (“ELD”) as generally required by the federal ELD regulations adopted under 49 CFR § 395, Subpart...more

Movin’ On Up: FMCSA’s New Safety Fitness Determinations

UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more

Diagnosis: Whiplash! The FMCSA’s Meal and Rest Break Waiver Proposal

Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more

Biometric Bombshells: Twin Shots Across the BIPA Bow

Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

A Powerful “One-Two” Punch: NLRB and DOL Signal Contractor Classification Crackdown

Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more

InterConnect FLASH! No. 82 - Disappointing Decree: Ninth Circuit Rules California’s AB5 Is Enforceable Against Motor Carriers

On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more

InterConnect FLASH! No. 80 - California Appeals Court Rules Truckers Are Not Exempt from Independent Contractor Classification...

In November 2020, a California state appeals court ruled in People of the State of California v. Superior Court of Los Angeles County and Cal Cartage Transportation Express, LLC that the Federal Aviation Administration...more

California AB5 Update: Federal Appeals Court Denies Request To Stay District Court’s Preliminary Injunction

While the transportation and logistics world has naturally been occupied with rapidly developing circumstances surrounding the COVID-19 crisis, the United States Court of Appeals for the Ninth Circuit has delivered a...more

InterConnect FLASH! No. 78 - A Big Win For California Motor Carriers: Federal Court Prohibits Enforcement of Assembly Bill No. 5

On January 16, 2020, finding that “California runs off the road and into the preemption ditch,” Judge Roger Benitez of the United States District Court for the Southern District of California issued his decision granting a...more

InterConnect FLASH! No 77: California AB5 Litigation Update - The TRO is Extended

Yesterday, on January 13, 2020, Judge Benitez of the United States District Court for the Southern District of California extended the temporary restraining order previously entered in the litigation brought by the California...more

InterConnect FLASH! No 76 - Federal Court Temporarily Enjoins Enforcement of AB5 Against California Motor Carriers

Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more

InterConnect FLASH! No. 73 - Ohio Legislature Enacts Statutory Protections for Motor Carriers Using Bona Fide Independent...

The Ohio Trucking Association successfully led and won the fight to enact House Bill 62 (the “Bill”) in an effort to assist its members in standardizing the administrative processes that burden motor carriers using...more

InterConnect FLASH! No. 71 - Independent Contractor/Owner-Operators: Exempt From Arbitration for Dispute Resolution

On January 15, 2019, in a very disappointing decision for the trucking industry regarding the application of arbitration provisions in motor carrier-independent contractor service agreements, the U.S. Supreme Court...more

InterConnect - Fall 2017

Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more

From the Benesch Transportation Archives: To Delivery....And Beyond!: The Boundaries of Carrier Liability for Unloading (A Clear...

Introduction: Carmack Boundaries and the Blurring of Unloading Functions - Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more

InterConnect - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety...more

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more

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