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Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Searcy Denney Scarola Barnhart & Shipley

Understanding the Role of Negligence in Truck Accidents in Florida

Being hit by a semi-truck can leave a victim seriously injured and unsure as to what they should do next. Understanding how the law applies to your situation can quickly become complicated. This is, in part, due to the fact...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Unpaid Motor Carrier Claims: What Shippers Can Do to Reduce the Risk of Liability When Using Third-Party Brokers

With the effects of the ongoing pandemic and ever-changing economic conditions being felt throughout the transportation industry, our firm has recently seen an increase in claims by unpaid motor carriers against shippers and...more

Skadden, Arps, Slate, Meagher & Flom LLP

French Labor News - April 2020

This is the first issue of our monthly newsletter detailing recent important legislative developments, case law and events regarding labor law in France. This edition focuses on recent decisions rendered by French courts,...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

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On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Fisher Phillips

Truckers Seek To Toss California’s New Gig Economy Law

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We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever...more

Bradley Arant Boult Cummings LLP

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

Proskauer - Labor Relations Update

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”

In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more

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

Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status

On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more

UB Greensfelder LLP

The NLRB Returns to a Business-Friendly Independent-Contractor Test

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Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Payne & Fears

Key California Employment Law Cases: August 2018

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This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Holland & Knight LLP

New California Law Exposes Maritime Sector to Liability for Drayage Carriers Who Owe Drivers Statute Could Hold Customers of...

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• According to a California statute set to take effect in January 2019, ocean carriers, marine terminal operators (MTOs) and shippers engaging port drayage motor carriers (PDMCs) that default on obligations to pay employees...more

Dorsey & Whitney LLP

California Changes the Gig Economy Game For Independent Contractor Status

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The California Supreme Court issued a ruling yesterday that will affect workers and businesses in the Golden State’s “Gig Economy.” The decision changes the standard to determine whether workers are classified as independent...more

Fisher Phillips

Bed Time! Uber Announces Mandatory Rest Periods

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In a move met with near-universal praise, Uber recently announced it will now require drivers take at least six hours of time off for every 12 hours they spend driving. After announcing this decision last month, Uber rolled...more

Obermayer Rebmann Maxwell & Hippel LLP

Employee Classification and the Gig Economy - Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia...more

Payne & Fears

Key California Employment Law Cases: April 2017

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This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

Fisher Phillips

Valet Driver's FLSA Tip Claim Fails

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In a welcome decision for employers, the Eleventh Circuit U.S. Court of Appeals (having jurisdiction over Alabama, Florida, and Georgia) recently ruled that a tipped employee for whom no federal Fair Labor Standards Act "tip...more

Fisher Phillips

Is This Your New Roadmap To Misclassification Success? Maybe.

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This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

Troutman Pepper

Black Car Drivers in New York City Held Independent Contractors By Federal Court of Appeals

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While Uber has dominated the headlines when it comes to whether drivers on their on-demand, ride-sharing platforms are independent contractors or employees, similar battles are being waged elsewhere in the car service...more

Fisher Phillips

We've Got Our Eyes On You: Monitoring Devices In Vehicles

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While employers with a fixed worksite can observe and interact directly with their employees to promote safety and reduce risk, employers with workers who operate motor vehicles as part of their job have fewer options....more

Troutman Pepper

June 2015 Independent Contractor Compliance and Misclassification News Update

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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

Sherman & Howard L.L.C.

Uber Drivers as “Independent Contractors” – Maybe Not!

Employers face a variety of challenges when relying on “independent contractors.” Typically these disputes involve wages and/or hours worked or alleged entitlement to benefits. A recent case against Uber, however, brought a...more

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