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
3/18/2024
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
State Labor Laws ,
Teamsters ,
Trucking Industry ,
Wage and Hour
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
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
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
California Senate Bill No. 1402 (the “Act”) was recently signed into law by Governor Brown, further entrenching motor carriers, brokers and shippers into the on-going California independent contractor (IC) vs. employee...more
10/5/2018
/ Employer Liability Issues ,
Exporters ,
Forward Contracts ,
Freight Forwarding ,
Governor Brown ,
Importers ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Shipping ,
Trucking Industry
As we are on the cusp of another football season throughout the country, where two-a-day practices and training camps are winding down, and final preparations are being made for the actual season, it may be worthwhile to...more
As has been widely reported, the California Supreme Court on April 30, 2018, issued a decision in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County that rejected a long-standing flexible, multifactor...more
Recently, the U.S. District Court for the District of Massachusetts dismissed misclassification claims presented by an owner and his company holding that the Plaintiffs did not qualify as an ‘individual’ under Massachusetts...more
The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,...more
Recently, the First Circuit Court of Appeals in a case of first impression (Oliveira v. Prime) further demonstrated the importance of choice of law provisions in Independent Contractor Service Agreements (“ICSAs”) as they...more
Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more
Two years ago in Flash No. 451, we wrote about the trial court decision in the Indiana case of Celadon Trucking Services, Inc. v. Wilmoth, et al., highlighting the importance of close attention to the “ingredients” of...more
Over the last two years, the Benesch Transportation & Logistics Team has written in various installments of the FLASH about the Massachusetts Independent Contractor Law, Mass. Gen. Laws ch. 149, §148B (the “Massachusetts...more
While the rest of the country was basking in the glow of the Cleveland Indians improbable trip to the World Series last week (ok so maybe just the City of Cleveland) the 10th Circuit Court of Appeals threw a knuckleball to...more
On May 11, 2016, the First Circuit Court of Appeals rendered a decision in Massachusetts Delivery Association v. Healy (the “MDA case”) preempting Prong 21 of the Massachusetts Independent Contractor Law (the “Massachusetts...more
2 Steps Back — First Circuit Could Have Done More for the Independent Contractor Business Model -
Approximately one year ago in FLASH No. 46, we wrote about Massachusetts District Court Judge Robert G. Stearns’ industry...more