On March 18, 2020, the U.S. Department of Transportation’s Federal Motor Carrier and Safety Administration (FMCSA) issued an Expanded Emergency Declaration broadening federal exemptions from compliance with certain driver...more
On March 13, 2020, the Federal Motor Carrier and Safety Administration (FMCSA) of the United States Department of Transportation (DOT) announced and issued a national emergency declaration (Emergency Declaration) establishing...more
3/20/2020
/ Commercial Truck Drivers ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Management Plans ,
FMCSA ,
Mandatory Declarations ,
Medical Supplies ,
Motor Carriers ,
Operators of Essential Services ,
Safety Standards ,
Trucking Industry ,
Trucking Regulations
In ZB, N.A. v. Superior Court of San Diego County (Lawson), the California Supreme Court held that unpaid wages are not civil penalties under California Labor Code section 558 and are therefore outside the reach of...more
9/23/2019
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Labor Code ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Statutory Interpretation ,
Unpaid Wages ,
Wage and Hour
California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)....more
10/5/2018
/ Department of Transportation (DOT) ,
Employer Liability Issues ,
Hazardous Substances ,
Motor Vehicles ,
PHMSA ,
Preemption ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour
On October 10, 2015, Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new...more
10/13/2015
/ Agricultural Workers ,
Compliance ,
Employer Liability Issues ,
Labor Code ,
Minimum Wage ,
New Legislation ,
Piece-Rate Pay ,
Rest and Recuperation ,
Safe Harbors ,
Safeway Inc ,
Transportation Industry ,
Wage and Hour
On January 29, 2015, the California Supreme Court issued a decision clarifying the circumstances under which an arbitrator’s award may be corrected. In Richey v. Autonation, Inc., No. BC408319 (Cal. Jan. 29, 2015), the court...more
Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of...more
In a unanimous decision, the U.S. Supreme Court recently held that the Airline Deregulation Act (ADA) can preempt even common law claims for breach of the implied covenant of good faith and fair dealing if such claims relate...more
California's Private Attorneys General Act of 2004 (PAGA) allows an "aggrieved employee" to recover civil penalties for certain violations of the California Labor Code. The amount of recovery in a PAGA action is based on the...more
A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not...more