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 January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
California Gov. Gavin Newsom signed the recently passed Assembly Bill 5 (“AB-5”) codifying the Dynamex decision relating to the classification of independent contractors/employees in California and further “clarifying the...more
9/27/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration (FAA) ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Transportation Industry ,
Wage and Hour ,
Wage Orders
Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective...more
8/29/2019
/ Arbitration ,
Class Action ,
Collective Actions ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Independent Contractors ,
New Prime v Oliveira ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour
In November, we documented a number of 2018 independent contractor-related developments in New Jersey since Democratic Governor Phil Murphy’s inauguration in January, one of which was the filing by the NJDOL in August of an...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
On Monday, April 30th, the California Supreme Court issued a decision that the long-standing flexible Borello classification standard for employee versus independent contractor does not apply in the context of California wage...more
Recently the U.S. District Court for the Southern District of West Virginia determined that Co-Defendants, Omnicare, Inc. (“Omnicare”) and Act Fast Delivery of West Virginia, Inc. (“Act Fast”) were acting as joint employers...more
A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more
11/22/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Misclassification ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Wage and Hour
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
Disruptors Continue to Create Challenges for the Independent Contractor Business Model -
Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible...more
In our last FLASH!, we discussed the Department of Labor Wage and Hour Division’s attempted foray into legislation when it issued its “Administrator’s Interpretation” regarding independent contractors. Now, not to be outdone...more