Transportation Labor & Employment

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News & Analysis as of

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

Subway operators fighting decision to staff trains with only one operator, claiming unsafe

Three Toronto subway operators engaged in a work refusal after the Toronto Transit Commission decided to staff subway trains with only one operator (instead of two). Their union is now fighting a Ministry of Labour...more

When Ubering Goes Wrong: A Lesson for Both Drunks And Employers

Uber is a wonderful invention that has a primary function of driving intoxicated people from point A to point B. Sometimes, however, getting from point A to point B becomes an issue. This week, a lawsuit was filed in...more

InterConnect FLASH! No. 59 - Massachusetts "ABC" Test Court Decision: Fresh Application On Old Spin

Over the last two years, the Benesch Transportation & Logistics Team has written in various installments of the FLASH about the Massachusetts Independent Contractor Law, Mass. Gen. Laws ch. 149, §148B (the “Massachusetts...more

Massachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes

Massachusetts’s highest court recently issued a decision that impacts the ability of delivery companies operating in the commonwealth to use independent contractors in providing delivery services. In Chambers v. RDI...more

Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute

Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more

Eighth Circuit Confirms Split in Airline Deregulation Act Pre-emption

The U.S. Court of Appeals for the Eighth Circuit has set up a circuit split for the U.S. Supreme Court in Watson v. Air Methods Corp., 834 F.3d 891 (8th Cir. 2016). In Watson, the Eight Circuit affirmed its precedent...more

Richard Marx Won’t Be 'Right Here Waiting' To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared

Richard Marx Won’t Be Right Here Waiting To Save You From Workplace Intruders: Lessons To Make Sure Your Workers Are Prepared....more

Labor and Employment Group News: Independent Contractor or “Employee, Inc.”?

It is usually the case that when you contract for services with another company you have engaged it as an "independent contractor." And, as a result, its employees cannot claim that you owe them overtime pay....more

2016: A year of discontent?

2016 has been a turbulent year and it seems to be going out with a bang, in what some have dubbed a “winter of discontent”. According to recent BBC analysis, in the first 10 months of the year 218,300 working days were lost...more

Auto Industry Faced With New OSHA Retaliation Rule

On December 14, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule establishing procedures and time frames for handling automotive industry employees’ whistleblower retaliation complaints...more

Seventh Circuit Sets Groundbreaking Precedent, Reverses FRSA Retaliation Judgment

On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and...more

Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article...more

Locked in Sixty Seconds: Ransomware, Remote Access, and the Brave New Internet of Things

A few months ago, we analyzed ransomware incidents and offered some suggestions for handling an episode. Ransomware is a cyberattack in which a hacker uses malware to take control of computer systems. The system owner is...more

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying...more

FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations. The Federal...more

InterConnect FLASH! No. 58 - Contract, Conduct, And Common Sense Can Save You Money

You have undoubtedly heard countless times that “an apple a day keeps the doctor away.” Preventive health care is a big deal. Search Google for preventive medicine and it will return approximately 22.4 million results in...more

Was Negligence the Cause of the Fatal Hoboken Train Crash?

Tragedy recently struck the New Jersey Transit’s Hoboken Terminal when a speeding train crashed through several safety barriers before ultimately smashing into the passenger depot. One person was killed and over 100 were...more

What A Trump Card Means In The Game of Construction and Development

Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few hours of sleep and my phone was immediately ringing. Some clients....more

Under the Dome: Inside the Maine State House

Under the Dome 2016 Maine Election Edition - It’s been a very busy and active campaign season in Maine, with candidates for federal offices and all Maine legislative seats, plus six ballot questions. We thought it timely...more

October 2016 Independent Contractor Misclassification and Compliance News Update

Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. UPCOMING REFERENDUM QUESTIONS – This week, we report on Maine ballot Question 5 regarding...more

Uber and the Gig Economy – is the law keeping up?

After a Preliminary Hearing spanning seven days (including reading the five volume bundle and time for deliberation), an Employment Tribunal has handed down its much anticipated ruling that Uber drivers are workers rather...more

Amazon and DHL Air Transport Supplier, ABX Air, Seeks TRO against Potential Pilot Strikes

A subsidiary of Air Transport Services Group, Inc., ABX Air, is seeking a temporary restraining order to halt pilot strikes on November 1 and 2, citing the potential for “crucial flight failures within days.” ABX Air filed...more

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