Labor & Employment Transportation

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NLRB Targets Independent Contractor Classification of Truck Drivers

Seyfarth Synopsis: NLRB claims that employers violate Section 8(a)(1) of the NLRA by misclassifying employees as independent contractors, thereby restraining and coercing employees in the exercise of their rights guaranteed...more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

NY Transit Agencies Escape Vicarious Liability for Contractors Alleged Discrimination

It is not uncommon for companies to contract their daily business operations to third-party companies. In Motta et al v. Global Contact Services, Inc., the court addressed whether such relationships relieve the outsourcing...more

Uber Willing to Pay $100 Million to Keep Its Drivers Classified as Independent Contractors

Recently, Uber announced that it agreed to pay drivers in California and Massachusetts $100 million in an effort to ensure that the drivers are considered independent contractors, not employees. In just six years, Uber has...more

What The $100M Uber Settlement Means To All Employers

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more

Uber Tries to “Lyft” Itself Out of Two Independent Contractor Misclassification Lawsuits By Settling for Up To $100 Million – But...

Only two weeks after a federal court judge in California rejected a proposed $12.25 million independent contractor misclassification settlement between Lyft and its drivers in California because it “shortchanged” the drivers...more

Recent Decisions in Class Actions Mixed Bag for Uber, Lyft

It was a mixed bag on the litigation front for Uber and Lyft last week following a string of decisions in class action lawsuits against these companies. On Tuesday, April 5, the Ninth Circuit granted Uber’s petition to...more

March 2016 Independent Contractor Misclassification and Compliance News Update

The cases reported in this update continue to reflect the fact that IC misclassification cases cut across virtually all industries. Below are IC misclassification cases from such diverse industries as insurance, ride-sharing,...more

Health Care Congressional Outlook for the Spring Word Period

The next work period basically runs from April 4 to May 27, with both chambers adjourning for a week long recess the week of May 2. Following this work period, there will be five weeks left on the legislative calendar before...more

OSHA Continues to Turn Up the Volume on Whistleblowing

Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower...more

SC Public Policy Update - April 2016

What's New - SENATE - The Senate took furlough this week and did not meet in statewide session. The Senate will reconvene Tuesday, April 5th, at noon....more

Washington, D.C. Update – March 2016

With only a handful of items currently active on the House and Senate agendas, FY17 appropriations legislation is the major legislative game in town. The House and Senate Appropriations Committees are moving forward with...more

To wear, or not to wear: that is the policy

Workplace dress codes are once again in the spotlight. British Airways' dress code policy came under scrutiny for requiring female cabin crew to wear skirts. Two dress code policies of employers in France and Belgium caused...more

Recent Amendments to the Cuba Sanctions Ease Restrictions for Travel and Shipping Sectors

This client alert addresses the recent amendments to the Cuba sanctions regime in the wake of President Obama’s historic visit to Cuba. The recent changes represent the increasing efforts of the U.S. government to restore...more

Construction E-Note - March 2016

Flint, Michigan’s problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities, even though these are apparently not as extensive as the...more

Easy Come, Easy Go: Latest Developments in US Sanctions

Making regular updates to policies and procedures related to international trade compliance has always been an important aspect of ensuring their effectiveness, and particularly in light of the myriad changes to various U.S....more

Minnesota Weekly Legislative Update: 03/18/2016

The Minnesota Legislature had a full schedule of committee hearings and floor sessions this week. Some hearings were already scheduled into the evening. Governor Mark Dayton released his supplemental budget recommendation,...more

Week Two at the Capitol

On Tuesday, Gov. Mark Dayton unveiled his $100 million supplemental budget proposal to deliver tax cuts for over 400,000 Minnesota families, make needed investments in early learning to eliminate achievement gaps, rebuild the...more

Update – the RSRT's 2016 Order

Delayed start? Yesterday, the Full Bench of the Road Safety Remuneration Tribunal (RSRT) heard from various applicants who had applied for variations to and a stay of the Contractor Driver Minimum Payments and Road Safety...more

The Potential Chain Behind This Supply Chain Order

The April start? Unless the Road Safety Remuneration Tribunal (RSRT) delays the commencement date for the Contractor Driver Minimum Payments and Road Safety Remuneration Order 2016 (RSRO 2016), the order will commence...more

Opposition to Lyft’s $12.25 Million Independent Contractor Misclassification Settlement May Cause Court to Nix the Deal

Papers were filed in court today formally opposing the deal that Lyft agreed to with the lawyers representing over 100,000 Lyft drivers in their class action brought in the federal court in San Francisco. The objectors were...more

With Adverse Employment Action Absent, Court Denies EEOC’s Motion For Reconsideration In Religious Accommodation Case

In an important EEOC case involving the intersection of company dress code policies and the rights of employees seeking religious accommodations, following a grant of both parties’ summary judgment motions in part, which we...more

DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10,...more

U.S. OSHA orders aviation firm to reinstate dismissed pilot fired for raising safety concerns – damages could exceed $500,000

A U.S. pilot who raised a number of safety concerns has won reinstatement to his job, and years of lost wages. The pilot had complained about safety concerns at work ranging from missed drug tests for pilots to poor...more

Driver Privacy Act of 2015 Addresses Privacy Concerns for Data Collected on Event Data Recorders

An event data recorder (EDR), as defined in 49 CFR section 563.5, generally means a device or function in a vehicle that records the vehicle’s dynamic time-series data during the time period just prior to or during a crash...more

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