Trucking Industry

News & Analysis as of

U.S. Supreme Court Refuses to Hear Iskanian v. CLS Transportation Appeal

Last summer, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles, LLC that the Federal Arbitration Act (FAA) preempted California’s policy against enforcement of class action waivers in...more

High Court Says “Let It Ride”; Limo Company Fails to Flag Down Enough Justices to Hear PAGA Carve-out Case

On January 20, the United States Supreme Court denied certiorari in CLS Transportation Los Angeles LLC v. Iskanian, leaving intact a decision by the California Supreme Court holding that representative Private Attorney...more

U.S. Supreme Court Declines Review of California’s Iskanian Decision – California State and Federal Courts Remain Divided on PAGA...

The U.S. Supreme Court has declined to review California high court’s landmark decision in Iskanian v. CLS Transportation Los Angeles, which held that arbitration agreements with mandatory class waivers are generally...more

Two Big Sexual Harassment Cases: Where The Employers Went Wrong

The Marchuk v. Faruqi & Faruqi trial (daily updates here) is far from over, but that case, as well as one involving CRST Van Expedited in California, provide some valuable opportunities for us to learn from other employers’...more

No Waiver Of PAGA Representative Claims (Yet)

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC. Had the Court heard the Iskanian case, it was expected to...more

California’s Inconsistent Treatment of Pre-Dispute Waivers in Arbitration Agreements Will Remain in Place

This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more

U.S. Supreme Court Tires (For Now) of Playing “Whack-a-Mole” With California Over Arbitration

On January 20, 2015, the U.S. Supreme Court denied the petition for certiorari filed in CLS Transp. Los Angeles, LLC v. Iskanian, a case in which the California Supreme Court held that waivers of employees’ right to bring...more

Supremes Leave PAGA Representative Claims Intact

On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring...more

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied...more

Jury in EEOC Suit Says Old Dominion Freight Line Must Pay Former Driver $119,612 for Disability Bias

Trucking Company Fired Pickup and Delivery Driver Who Self-Reported Alcohol Abuse, Federal Agency Charged - FORT SMITH, Ark. -- A federal jury has found that Old Dominion Freight Line, Inc., a trucking company...more

PAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review

Yesterday, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS...more

FMCSA studying CDL training programs and truck accidents

Due to a truck’s large size, trucking accidents are usually some of the most devastating roadway collisions that can occur. Unfortunately, many car accident attorneys have seen the number of trucking accidents increase in...more

Setting the Table - January 2015: I Really Need A License For That?! Regulators Crack Down on Liquid Food Commodity Transporters

The new “Tank Vehicle” definition, which became effective and enforceable in all 50 states last summer, will likely have a disproportionate effect on the food commodity transportation sector due to the tendency to transport...more

IRS Announces New Standard Mileage Rates

For those who are frequently on the road for work, the costs of operating and maintaining a vehicle can represent a substantial business expense. In computing the deductible costs of operating a vehicle for business, a...more

Will proposed drug, alcohol clearinghouse for truckers make our roads safer?

A recent report from the Illinois Department of Transportation indicated that in 2013, 10 percent of all fatal crashes involved tractor trailers. While the factors playing a role in these crashes vary, many Chicago truck...more

Does the Pregnancy Discrimination Act Require Employers to Provide Light Duty Accommodations to Pregnant Employees?

Thirty-five years ago, the Pregnancy Discrimination Act (“PDA”) established that it is unlawful for employers with fifteen or more employees to discriminate against pregnant workers “because of or on the basis of pregnancy,...more

Flash No. 45 – Failing to Follow the Guidance from the “Recipe Book” may be Very Costly

The Federal Leasing Regulations are often referred to within the industry as the “Recipe Book” for the typical independent contractor/owner-operator business model. The Regulations provide the ingredients that must be...more

Insurance Industry Wins Temporary FLSA Exemption for Insurance Adjusters in CRomnibus

On Tuesday, we discussed Congress’s passage of the Consolidated and Further Continuing Appropriations Act, 2015, nicknamed CRomnibus in the waning days of the 2014 legislative session. The omnibus spending bill avoided...more

LITIGATION ALERT: The Motor Carrier Act/MCS-90 Endorsement Duty to Defend When No Coverage Exists?

Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility through insurance or other forms for bodily injury or...more

Considering the Impact of Driverless Cars

Driverless cars, also called autonomous cars, auto-pilot cars, robo-cars, automated cars, connected cars, self-driving cars, or driver-free cars, can navigate and sense the surrounding environment without human input during...more

Federal agency launching commercial driver clearinghouse

According to the National Highway Traffic Safety Administration, 3,921 individuals were killed and 104,000 were injured in 2012 during collisions involving commercial trucks on U.S. roadways. Out of those fatal crashes, two...more

The Widening California Divide: The Rejection of Iskanian by Federal District Courts and Potential Resolution

In an October 22, 2014, posting, we addressed the growing divide between California federal district courts and the California Supreme Court over whether an arbitration agreement can waive an employee’s right to pursue a...more

Department of Labor, Trucking Industry Big Winners in Congress's CRomnibus Bill

In the run-up to the holidays, Congress rushed a Continuing Resolution (CR) to President Obama's desk entitled the Consolidated and Further Continuing Appropriations Act, 2015. The omnibus spending bill, nicknamed...more

December 2014 Independent Contractor Compliance and Misclassification Update

SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more

Aviation & Aerospace and Surface Transportation Quarterly Newsletter

In This Issue: - Update on Developments in California Drone Law - One Community Gets Relief from Aircraft Noise - California Once Again Relinquishes Clean Air Act Enforcement Responsibility to the...more

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