Transportation Labor & Employment

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California Expands Factors in the Vicarious Liability Control Test

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and...more

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim...more

Developments in Title VII and Sexual Orientation Discrimination

Many state anti-discrimination laws, such as those in Maine, Massachusetts and New Hampshire, specifically prohibit employers from discriminating against individuals on the basis of sexual orientation. To the surprise of many...more

Missouri Becomes 28th Right-to-Work State

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. In the last five years, five other states have passed right to work legislation (Indiana,...more

Sheppard Mullin Travel Advisory and Immigration Update

The last two weeks in Washington have been very eventful in the immigration field. In light of the travel restrictions recently imposed by the President’s executive order, we are now advising our U.S. clients who have...more

Update on U.S. Entry Travel Ban

On January 31st, DHS Secretary John Kelly held a press conference to clarify that legal permanent residents ("green card holders") from Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia would be allowed to board planes and...more

Innovative attempt to defeat Christmas strikes halted, for now

The battle rages on to try to halt the train strikes which have affected so many people over the Christmas period and into the new year. The dispute outlined below between ASLEF and Govia GTR Railway Ltd (GTR), concerning...more

Executive Order Bans Entry of Foreign Nationals From Seven Countries

Last Friday, President Trump signed an executive order banning the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of at least 90 days. The executive order,...more

Client Alert – Executive Order Immediately Suspends Travel into the U.S. for Certain Foreign Nationals

Seyfarth Synopsis: In light of recent events related to the most recent Executive Order banning travel to the United States for nationals from certain countries, please continue reading for more detailed information regarding...more

Legal Alert - IMMIGRATION UPDATE: Executive Order’s Travel Ban Creates Chaos for Foreign Workers and Their Employers

Late on Friday, January 27, 2017, President Trump signed an Executive Order immediately suspending the ability of citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to enter the United Sates for a period of 90...more

Uber, CitySprint, Deliveroo… time for change?

The negative press around gig economy working has been prevalent over the past few months. Below, we take a look at the most significant developments in case law, including some innovative attempts by one trade union to...more

What Employers Should Know About How the January 27 Executive Order Reshapes the Current State of Immigration in the United States

On January 27, 2017, President Trump signed an Executive Order (EO) dramatically reshaping the current state of immigration in the United States. The EO's main points are...more

Amtrak Employee Reinstated Following Retaliation for Whistleblowing

A former employee of the National Railroad Passenger Corp. (“Amtrak”) was recently awarded a $892,551 settlement and was reinstated as an Amtrak employee, following an order from the U.S. Department of Labor’s Occupational...more

The Federal Railroad Safety Act — An Employer’s Nonretaliatory Reasons for Discharging an Employee Must Be Considered in Context...

The Federal Railroad Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee because the employee engaged in certain activities protected by the statute, including the reporting of a workplace injury....more

DOT To Add Synthetic Opioids To Its Drug Testing Panel

Today the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids (hydrocodone,...more

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

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