Trucking Industry

News & Analysis as of

Who Decides the Issue of Class Arbitration?

Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more

Employment Law - November 2014

State Voters Pass Paid Sick Leave, Wage Increases - Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more

Location of employees can be monitored with privacy restrictions

It is possible to collect location data relating to employees through smartphone Apps if used in order to optimize the usage of resources and improve their management, coordination and timing provided that this practice...more

Indiana Court Holds Auto Exclusion Applicable to Forklift-Related Injury

In its recent decision in National Am. Ins. Co. v. Harleysville Lake State Ins. Co., 2014 U.S. Dist. LEXIS 160593 (S.D. Ind. Nov. 14, 2014), the United States District Court for the Southern District of Indiana had occasion...more

Automobile industry commits to privacy for connected cars

19 makers of cars and trucks sold in the US committed to preserve the privacy of their customers in the view of the massive amount of personal data that are going to be processed through connected cars. ...more

OSHA Releases Top Ten Violations List

The federal Occupational Safety and Health Administration recently released its list of the top ten most frequently cited safety violations for fiscal year 2014, which concluded on September 30....more

Good Faith in Government Contracting: Board of Contract Appeals Adheres to Reasonableness Standard Revived by the Federal Circuit...

Ever since the Federal Circuit’s 2010 decision in Precision Pine & Timber, Inc. v. U.S., the controlling standard for the government’s duty of good faith and fair dealing has been in flux. Prior to Precision Pine, it was...more

Bakken Crude-by-Rail Update: Transloading Projects Dealt a Setback in California

Recently, we covered environmental groups’ increasing array of state-law challenges to midstream and end users of Bakken crude that transport or receive oil by rail. Since then, a California regulator has admitted to...more

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

Truckers Getting Scammed

Truckers who are injured in trucking accidents are more often lately victims of insurance scams perpetrated by disreputable employers. The more serious the injury, the more likely the trucker will be scammed. This is how it...more

Mine Fatalities: Causes, Prevention, and MSHA Enforcement

A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines - - Four underground employees on foot were crushed by equipment in operation. - Two...more

FTC Comments Favorably on NHTSA’s Proposed Privacy and Security Framework for Vehicle-to-Vehicle Communications

On October 24, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing its endorsement of the privacy and security framework proposed by the National Highway Traffic Safety Administration (“NHTSA”) to...more

California Employment Law Notes

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

FERC Issues Declaratory Order Disclaiming Jurisdiction Over Proposed CNG Facility

On September 19, 2014, FERC issued a declaratory order holding that it would not have jurisdiction under the Natural Gas Act ("NGA") over the construction or operation of a compressed natural gas ("CNG") facility that Emera...more

Death Benefits Part One

Work place fatalities in North Carolina have been on the decline over the last few years. However, they are still happening way to often, especially in the trucking and construction industries. Hopefully, you’ll never find...more

FAAAA Does Not Preempt California Meal and Rest Period Requirements

In Godfrey v, Oakland Port Services Corp., which was decided on October 28, 2014, the California Court of Appeal issued a published decision holding that the Federal Aviation Administration Authorization Act of 1994 (FAAAA)...more

BPT Not Prohibited on Freight Brokerage Services

A divided panel of the Commonwealth Court held that a city was not prohibited from imposing its Business Privilege Tax on the gross receipts of a freight broker. S & H Transport, Inc. v. City of York, No. 165 C. D. 2014 (Pa....more

New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for Vacatur

There are several differences between court litigation and international arbitration, but two in particular stand out. First, whereas the losing party at trial can bring an appeal, the losing party in an arbitration can only...more

Mexico Issues Reporting Regulations for Broad Range of Greenhouse Gases

Last week, beneath the fanfare surrounding issuance of internal regulations for Mexico’s new oil and gas agency[1] and a suite of conforming amendments to more than half a dozen environmental regulations, the Secretariat of...more

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

Wal-Mart, EEOC Reach Accord In Drug Test “Accommodation” Lawsuit

Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test. According to the U.S. Equal Employment Opportunity Commission, Ms. Jones told an...more

California Court Implements Iskanian, Finds Agreement Waiving Representative Claims Under PAGA Unenforceable

Ybarra v. Apartment Investment and Management Company, No. B245901 (October 7, 2014): A California Court of Appeal recently affirmed a trial court decision finding that a class action waiver provision in an employee’s...more

Recent Transportation Network Company Ordinances in Austin, Houston and Washington, D.C. Display Variety of Regulatory Approaches

While regulation governing transportation network companies continues to be hashed out at the state levels and in the courts, cities are increasingly establishing their own local regulatory frameworks for ridesharing...more

Including PAGA Representative Action Waivers in Arbitration Agreements Post-Iskanian

After the California Supreme Court’s recent decision in Iskanian v. CLS Transportation, which held that PAGA representative action waivers are unenforceable under California law, employers have struggled with whether to...more

Alter Egos: Where Fiction Becomes Labor Law And Vice Versa

Bruce Wayne. Clark Kent. Sir Percy Blakeney. In addition to being dashing literary figures, each of these men share a common trait – each has an alter ego. Donning a cape, the stoic Bruce Wayne becomes the intrepid Batman....more

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