Transportation Labor & Employment

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Minnesota 2016 Legislative Wrap-up

This was the shortest Minnesota Legislative session in recent history, lasting a mere 77 days from March 8, 2016, to May 23, 2016. It produced a hectic pace which ended with mixed results. As lawmakers headed into the...more

Uber Agrees to Form Non-Union Guild With New York City Drivers

Seyfarth Synopsis: Uber has agreed to create the Independent Drivers Guild, a non-union organization that will provide New York City based Uber drivers with regular access to the Company and the ability to raise concerns...more

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers...

Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts...more

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

Minnesota Weekly Legislative Update

Ten days remain before the last day of the Minnesota legislative session May 23, 2016. Governor Mark Dayton, Senate Majority Leader Tom Bakk and House Speaker Kurt Daudt met twice in the past week to negotiate an agreement on...more

Court Curtails Relief For Age Discrimination Collective Action Litigation

Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”). In a ruling on April 26, 2016, in K.H., et al., v....more

Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow. Some of these businesses are a natural complement to the hotel industry, while...more

Pennsylvania Transit sued for Fair Credit Reporting Act violation

Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of...more

2016 New Mexico Legislative Update

The 2016 New Mexico Legislature convened on January 19 and adjourned on February 18. This legislative session was limited by the New Mexico Constitution to “budgets, appropriations and revenue bills; bills drawn pursuant to a...more

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

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