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Employee Rights Trucking Industry

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
FordHarrison

Cannabis Legalization and its Impact on the Transportation Industry

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Trends in Cannabis Legalization - While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the...more

Benesch

InterConnect FLASH! No. 79 - Mr. AB-5 Goes to Washington - And Brings A Lot of Baggage! (The Assault on the IC Citadel Continues)

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Introduction: The PRO Act Overall - Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

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Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Hinshaw & Culbertson LLP

The EEOC's Battlecry: Cracking Down Hard on Religious Discrimination

On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC), the EEOC continued its charge against...more

Proskauer Rose LLP

California Employment Law Notes

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Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

Davis Wright Tremaine LLP

New Law Makes California Businesses Liable to Workers Supplied by Labor Contractors

Effective Jan. 1, 2015, businesses will be directly liable to workers supplied by labor contractors (including temporary and other staffing agencies) when those labor contractors fail to correctly and completely pay wages or...more

Stoel Rives LLP

9th Cir. Finds FedEx Delivery Drivers Are Employees, Not Contractors

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Last week, the 9th Circuit held in two related cases from California and Oregon that FedEx misclassified approximately 2,600 delivery truck drivers as independent contractors, rather than as employees. The cases—Alexander v....more

BakerHostetler

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

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Last week the Ninth Circuit issued a pair of decisions in the nearly-decade long misclassification dispute between FedEx and its drivers, with the Court of Appeals ruling that drivers in California and Oregon are FedEx...more

Dechert LLP

National Labor Relations Board’s Threatened Expansion of Joint Employer Doctrine Would Increase Employment Law Risks for US...

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To bring their full financial and operational expertise to portfolio companies, private equity firms frequently adopt an active approach to overseeing their investments. However, the greater a firm’s involvement in the...more

Orrick - Employment Law and Litigation

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

Stoel Rives LLP

Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against...

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The Washington courts are strict in their interpretation of the classification of individuals as employees versus independent contractors, resulting in many an employer discovering that an “independent contractor” is instead...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2014 #3

Employers Win, Lose in Latest California Supreme Court Opinion on Arbitration - Why it matters: The California Supreme Court continued its complicated relationship with employment agreements and arbitration on June 23...more

BakerHostetler

Ninth Circuit Shows No Affinity for Independent Contractor Status in Delivery Drivers

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Delivering another blow to the independent contractor model, the Ninth Circuit Court of Appeals held this week that furniture delivery drivers for Affinity Logistics were employees under California law, not independent...more

Cozen O'Connor

The Truth About As*holes

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Here’s the truth: we are a litigious society. For a lot of reasons beyond the scope of this blog, a smarter workforce with ever-increasing access to information and resources continues to file employment lawsuits in record...more

Littler

Seattle Increases Minimum Wage to $15.00 Per Hour Over Several Years

Littler on

Seattle, Washington has enacted groundbreaking legislation that, over several years, will phase in a $15.00 per hour minimum wage, the nation’s highest for private employers who do not contract with governmental entities....more

Bond Schoeneck & King PLLC

Driving Change: New N.Y. Law Targets Worker Misclassification

New legislation that went into effect April 10 is intended to curtail misclassification of transportation industry workers as independent contractors instead of employees. The Commercial Goods Transportation Industry Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Women’s Economic Security Act: What Employers Need To Know

On Mother’s Day, Sunday, May 11, 2014, Governor Mark Dayton signed into law the Women’s Economic Security Act (WESA), which amends a number of Minnesota laws concerning pregnancy, nursing, parenting leave, and familial...more

Baker Donelson

When Can Twelve Turn into Twenty-Four? Calculation of FMLA Leave for Vessel-Based Employees

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The Family and Medical Leave Act (“FMLA”) ensures an employee the ability to take leave and return to work within twelve “workweeks” of a qualifying event. Employers that do not honor the protections of the FMLA risk a...more

Pullman & Comley - Labor, Employment and...

Paying Employees For Travel Time

Both the state and federal wage and hour laws have provisions addressing the question of when time spent traveling by a non-exempt employee is compensable. A new decision of the Connecticut Supreme Court in the case of...more

Obermayer Rebmann Maxwell & Hippel LLP

Regulating Intermittent FMLA Leave: May an Employer Request a Doctor’s Note for Each Intermittent FMLA Absence?

Intermittent leave under the Family Medical Leave Act (“FMLA”) can pose a significant (and often frustrating) administrative and tracking burden on an employer. Further, when attempting to ferret out abuse, an employer has a...more

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