Trucking Industry

News & Analysis as of

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

An Update on DOT’s Passenger Protection Rulemaking #3, NextGen, Ebola, Drones, Enforcement Actions, Security Fees and Other...

Department of Transportation: Regulatory - Comments Filed on DOT’s Passenger Protection #3 Rulemaking: U.S. and foreign airlines, airline associations, airports, consumer groups, on-line travel agencies,...more

Canada's Energy East Pipeline Project

A subsidiary of Canadian energy company TransCanada has proposed a crude oil pipeline running 4,600 kilometers from Alberta and Saskatchewan to Saint John, New Brunswick. The proposed Energy East Pipeline Project would...more

Workers' Compensation and Truck Drivers: what do you get paid?

If your workers' compensation doctor has taken you out of work the adjuster is supposed to be paying you what is called Temporary Total Disability. Basically because you are going to get better and hopefully back to work it...more

Workers' Compensation and Truck Drivers: Where to bring your claim

North Carolina claims jurisdiction – the right to apply it’s law to your workers' compensation case – if you were hurt in North Carolina, if your place of business is in North Carolina, or if you were hired in North Carolina....more

Proponents of Florida's Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?

If voters approve the ballot initiative "Use of Marijuana for Certain Medical Conditions" ("Amendment 2") this November, Florida will become the 24th state plus Washington D.C. to legalize medical marijuana. Amendment 2 would...more

British Columbia Proposes Greenhouse Gas Industrial Reporting and Control Act

On October 20, 2014, British Columbia (B.C.) Environment Minister Mary Polak tabled the province’s first bill targeting industrial greenhouse gas (GHG) emissions, in keeping with B.C.’s political commitment to develop the...more

The California Divide: Federal Courts Refuse to Follow State Supreme Court’s Iskanian Decision

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week. A California federal district court disagreed with the California Supreme Court in holding...more

Workers' Compensation and Truck Drivers: Occupational Accident policies

If you are an independent contractor you may still file a good claim for workers' compensation in North Carolina. Our workers' compensation law has a clear exception to the general rule against independent contractors....more

Workers' Compensation and Truck Drivers: back injuries

Your back hurts, you’ve got pain down your legs, and the workers' compensation adjuster is telling you that you didn’t have an accident. If you are like most people you think of an “accident” as a “slip, trip, or fall.” For...more

Workers' Compensation and Truck Drivers: Independent contracts and employees

Ordinarily only employers with three or more employees are required to carry workers’ compensation insurance. Independent contractors are not covered by the workers' compensation laws. However in an exception carved out just...more

ARB Affirms Blacklisting Award To Whistleblower

The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly “blacklisted” him by providing an apparently negative employment reference to a prospective employer. Timmons v. CRST Dedicated...more

PAGA Claims and Arbitration – A Federal Court Parts Ways With Iskanian

The California Supreme Court’s decision in Iskanian v. CLS Transp. Los Angeles, LLC, held that class action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) except as to claims that...more

Trucker who punched customer in the mouth was fired for cause

One would think it self-evident that employees who punch a customer’s employee in the face may be dismissed for just cause. But it took an appeal for an employer to win on that issue. The employee was a truck driver...more

Daimler Trucks North America Sued by EEOC for Retaliation

Company Fired Female Employee in Retaliation for Complaints About Sexual Harassment, Federal Agency Charges - CHARLOTTE, N.C. - Daimler Trucks North America, LLC, a Delaware corporation that operates a manufacturing...more

Tennessee Insurance Legal News: Volume 3, Number 3

Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion - In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of...more

Flash No. 43 - A Favorable Decision Regarding the Massachusetts "ABC" Test

The saga surrounding the challenges to the Massachusetts “ABC” Test for independent contractors has taken a potentially positive turn for the transportation industry. A decision issued by the U.S. Court of Appeals for the...more

Weekly Update Newsletter - October 2014

DoD Issues Final Rule to Amend DFARS Limitations on Use of Cost- Reimbursement Line Items (DFARS Case 2013-D016) - The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition...more

Post navigation Texas Court Holds Insurer Prejudiced By Late Notice

In its recent decision in C.L. Thomas v. Lexington Ins. Co., 2014 Tex. App. LEXIS 10148 (Tex. App. Sept. 11, 2014), the Court of Appeals of Texas had occasion to consider whether an insurer was prejudiced by untimely notice...more

Patent Infringement Complaint Dismissed for Lack of Standing Where Co-Inventor Had Not Assigned Rights to Plaintiff

Plaintiffs Alpha One Transporter, Inc. and American Heavy Moving and Rigging, Inc. (collectively "Alpha One") filed a complaint against Defendant and Third-Party Plaintiff Perkins Motor Transport, Inc. ("Perkins"). Perkins...more

Applicability Of Late Payment Of Commercial Debts (Interest) Act 1998 – What Is A "Sufficient Connecting Factor" With England?

In Martrade Shipping & Transport GmbH v United Enterprises Corp [2014] EWHC 1884 (Comm), 12 June 2014, Popplewell J considered the application of the Late Payment of Commercial Debts (Interest) Act 1998 (the 1998 Act) to...more

Minnoco Announces Expansion To Produce E15, E30, And E85 Biofuels

On September 19, 2014, Minnoco announced an expansion program which will allow Minnoco retailers to offer biofuels that perform better at lower costs. This includes the ability to offer E15, E30, E85, diesel fuel, and...more

OSHA Expands Mandatory Reporting Requirements to Encompass Individual Employee Hospitalizations, Amputations, and Eye Loss

In 2001, the Occupational Safety and Health Administration (OSHA) adopted a regulation requiring employers to report to their local OSHA office any work-related incidents that resulted in an employee death or the in-patient...more

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

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