Transportation Labor & Employment

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Washington Supreme Court Extends Minimum Wage

In a narrow 5-4 decision on August 20, 2015, the Washington Supreme Court reversed a lower court ruling and applied the City of SeaTac’s $15 minimum wage law to all workers at Seattle-Tacoma International Airport....more

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more

NC Legislative Update for August 2015 #3

This Week - Amid the budget deliberations, the General Assembly took time Tuesday to commemorate the 70th anniversary of the end of the war World War II. Senate Joint Resolution 720, passed by both the House and the...more

Airline Industry Alert: Washington State Supreme Court Finds SeaTac Ordinance Increasing Minimum Wage to $15 an Hour Enforceable...

In a 5-4 decision, the Washington State Supreme Court has held that Proposition 1 – an ordinance which increased the minimum wage within the city of SeaTac for employees in the hospitality and transportation industries to $15...more

Washington Supreme Court Finds that City of SeaTac Minimum Wage/Paid Sick Leave Ordinance Applies to Employers Located at the Port...

The legal challenge to the SeaTac Minimum Employment Standard for Hospitality and Transportation Industry Employers (“SeaTac Ordinance”) was dealt a possibly lethal blow as the Washington Supreme Court reversed the King...more

NC Legislative Update for August 2015 #2

This Week - On Wednesday, lawmakers passed Senate bill 560, the second Continuing Resolution (CR) of the session which will keep State government functioning until August 31st. The legislature has yet to agree on the...more

North Carolina General Assembly Week in Review

Senate Bill 534, 2015 Continuing Budget Authority, commonly referred to as a Continuing Resolution (CR), expired Friday at 11:59 pm. It was passed at the end of June with hopes to have a budget agreement by August 14. In...more

Even if Uber Loses Class Certification Motion Today, All Is Not Lost for Ride-Sharing Tech Giant

August 6, 2015 may be a day that Uber drivers in California win preliminary approval of their motion for class certification in their independent contractor misclassification lawsuit. A hearing is scheduled this afternoon in...more

North Carolina General Assembly Week in Review

Last Monday night the Senate passed HB 774, Restoring Proper Justice Act, 33-16. According to HB 744’s supporters, the bill will allow executions to resume in the state. The last execution occurred in 2006. ...more

Business Litigation Alert: "Worker Misclassification - Contractor vs. Employee"

On-Demand services – like Uber and TaskRabbit – are surging in popularity. However, at least one issue is currently restraining the on-demand economy: worker misclassification. ...more

New Laws in Local Jurisdictions

A number of new laws went into effect in Virginia, Maryland and the District of Columbia as of July 1, 2015. These include the following: In Virginia: Employers are no longer permitted to require workers or job...more

Latest on Uber: Are the Drivers Employees or Independent Contractors?

The California Labor Commission recently ruled an Uber driver was an employee of Uber–as opposed to an independent contractor–and therefore must be reimbursed approximately $4,000.00 for expenses she incurred as an Uber...more

Preventing Whistleblower Claims in the Automotive Industry

Whistleblower and retaliation claims are some of the most costly claims brought by employees and they are on the rise. OSHA, who governs complaints for over 20 whistleblower statutes, reports a 58% increase in whistleblower...more

Uber Drivers: Employees or Independent Contractors?

Since its founding in 2009, Uber has gained both praise and notoriety for shaking up the taxi industry by allowing individuals who meet minimum requirements to provide an on-demand car service via the Uber mobile app. In...more

DOL WAGE & HOUR DIVISION’S “ADMINISTRATOR’S INTERPRETATION” NO INDEPENDENT CONTRACTOR COUP DE GRÂCE FOR TRUCKING—JUST NEW...

On July 15, 2015, David Weil, Department of Labor Wage and Hour Division (the “Division” Administrator, issued the much anticipated and promised “administrator’s interpretation” (the “Memo”) on the issue of worker...more

Uber is Driving an Unknown Road: How Certain App Features Can Help

Last Friday, Homejoy—a startup that provided on-demand house cleaners—announced that it will be shutting down at the end of July. In an interview with Re/Code, Homejoy’s CEO attributed its fall to the recent Uber decision,...more

District Court Confirms Federal Preemption in Massachusetts “ABC Test” Litigation

Yesterday, Judge Denise Casper of the District of Massachusetts issued an industry friendly ruling in Massachusetts Delivery Association v. Healy, awarding summary judgment to the Massachusetts Delivery Association (“MDA”)...more

The “Independent Contractor” Truck Driver, Wage & Hour Laws, the Affordable Care Act, and Safety Regulations

On The challenges that trucking companies face regarding truck drivers continue to expand. One vexing issue facing many companies: Can they continue to treat many of their truck drivers as “independent contractors” as they...more

“On-Demand” Litigation Heats Up This Summer

This blog recently reported on the first wave of lawsuits challenging the classification of independent contractors in the “on-demand” economy. The second wave has now arrived, as numerous tech companies have been hit with...more

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization...more

Lyft Agrees to Pay $300,000 Settlement for Violating New York Insurance Laws

Recently, commuters across the country have witnessed the emergence of ride-sharing companies, such as Uber and Lyft. These companies have become increasingly popular over the last few months, in large part due to their...more

“Uber” Ruling Jars “Sharing Economy”

On June 3, 2015, Barbara Ann Berwick received a favorable ruling from a hearing officer for the California Labor Commissioner (the “CLC”) that the “ride sharing” company Uber must reimburse her for certain expenses...more

June 2015 Independent Contractor Compliance and Misclassification News Update

The month of June 2015 created more newspaper stories and blog posts on the subject of independent contractor misclassification than any other. Why? Uber lost an IC misclassification case and FedEx Ground agreed to pay $228...more

Labor Commissioner Finds Uber Driver To Be Employee, Not Independent Contractor

On June 3, 2015, the California Labor Commissioner determined that an Uber driver, Barbara Ann Berwick, was considered an employee of Uber, not an independent contractor. As such, she was entitled to reimbursement in the...more

Third Circuit Approves Use Of Structured Dismissals Of Chapter 11 Bankruptcies, but Rarely

On May 21, 2015, the United States Court of Appeals for the Third Circuit approved the settlement and dismissal of chapter 11 bankruptcy cases through a structured dismissal in rare instances. See Official Committee of...more

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