Transportation Labor & Employment

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Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification...more

Transportation Industry Beware: New York Quietly Enacts New Legislation Targeting Worker Misclassification

New York has enacted new legislation, which will have a significant impact on the state’s commercial transportation industry. The legislation was initially made effective on March 11, 2014, but was subsequently amended to...more

The Impact of New Heavy Vehicle Regulations in the Road Transport Industry

With the Heavy Vehicle National Law (HVNL) beginning in February 2014 and the Road Safety Remuneration Tribunal's first Road Safety Remuneration Order (RSRO) commencing in early May 2014, this year promises to be challenging...more

Employer Requiring Doctor's Note for Intermittent Leave Violated FMLA

The United States District Court for the District of Oregon recently held that an employer's requirement that employees on intermittent leave provide a doctor's note for each absence violated the Family and Medical Leave Act...more

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially...more

New York Law Makes Misclassification Of Workers In The Transportation Industry More Costly Than Ever

Executive Summary: New York Governor Andrew Cuomo has signed the "New York State Commercial Goods Transportation Industry Fair Play Act," which will have a significant impact on employers in the transportation industry by...more

Flash No. 36: New York Law May Be More Evenhanded Than It Appears

Many folks have commented on the New York State Commercial Goods Transportation Industry Fair Play Act, which was recently signed by the Governor and will not be effective until March 11, 2014, and several sources are...more

Commuting in California May Just Get a Bit Easier

The California Transportation Commission allocated $138 million to 32 projects around the state at its January 29th, 2014, meeting. As Caltrans director Malcolm Dougherty put it...more

"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court...

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress...more

New York's Fair Play Act Changes Rules of the Road for the Commercial Goods Transportation Industry

The New York State Commercial Goods Transportation Industry Fair Play Act, which takes effect March 11, 2014, will change the commercial delivery landscape in New York by making it harder for companies to treat its drivers as...more

New York State Passes Worker Misclassification Law For Commercial Transportation Industry

On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a...more

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

RLA: A Duty to Unionize?

Aircraft service employees threatened to close Seattle’s airport. They were disgruntled about the suspension of a co-worker, and they banded together with a community organizer (not a union agent) to threaten a strike. The...more

New York State Takes Aim at Worker Misclassification: The Commercial Goods Transportation Industry Fair Play Act

On Friday, January 10, 2014, Governor Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act). The Act amends the New York Labor Law to create a presumption that any person...more

Dumb Things Retirement Plan Sponsors Should Avoid Doing

Whoever said that there is no such thing as a dumb question obviously wasn’t in attendance at my Global History class in high school when someone asked whether it was true that if you take a picture of an Amish person, the...more

How to Stay Legal and Avoid Risky Drivers: Guidance for practicing EEOC-compliant hiring in the transportation industry

In December 2012, the United States Commission on Civil Rights (USCCR) held hearings to discuss the Equal Employment Opportunity Commission’s (EEOC’s) April 2012 Policy Guidance (number 915.002) regarding businesses’ use of...more

Mandatory Pilot Obesity/Sleep Apnea Screening: New FAA Policy Thumbs Its Nose at New Federal Commercial Driver Transportation Law

On November 20, 2013, Fred Tilton, the Federal Aviation Administration's (FAA) Federal Air Surgeon, announced a New Obstructive Sleep Apnea Policy1 (Policy) the FAA will be "releasing shortly." Under the Policy, aviation...more

OSHA Issues Another $1 Million+ Whistleblower Award, Along With Reinstatement

On November 13, 2013, OSHA issued a press release stating that it ordered Gaines Motor Lines (the “Company”) to pay a total of $1,070,123 four whistleblowers, along with reinstatement. The press release indicates that...more

California Federal Court Dismisses FCA Case Pursuant to Public Disclosure Bar

In United States and State of California ex rel. Fryberger et al. v. Kiewit Pacific Company, et al., No. 12-CV-02698, 2013 WL 5770514 (October 24, 2013), a California federal court in the Northern District of California ...more

Montreal, Maine and Atlantic Railway rehiring workers thanks to $3 million loan

Thanks to a recent $3 million loan, workers are being rehired by the bankrupt railway that owned the runaway train that devastated a Canadian town, killing 47 people, the railway’s court-appointed trustee said Monday. ...more

Federal Court in Minnesota Provides Guidance on Non-Injury Retaliation Claims Under FRSA

Granting complete summary judgment to BNSF Railway Co., Chief Judge Michael Davis of the U.S. District Court for the District of Minnesota interpreted and provided the railroad industry with guidance pertaining to the...more

Massachusetts Independent Contractor Law Survives Trade Association’s Challenge

The Massachusetts Independent Contractor statute, Mass. G.L. c. 149, § 148B, establishes a rigorous three-part test for determining whether a worker performing services for an employer may be considered an independent...more

New Trucking Hours-of-Service Estimated to Save Lives and Reduce Driver Fatigue

Changes to truck drivers’ hours-of-service regulations went into effect at the beginning of July. The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration invoked the changes to reduce driver...more

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