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Trucking Industry Corporate Counsel

Locke Lord LLP

Is the U.S. Supreme Court About to Dive Into the Independent Contractor Misclassification Field? November 2021 IC Law Update

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The highlights of independent contractor legal developments in November 2021 focus on interstate transportation workers. Questions addressed by the courts last month included whether ride-sharing workers classified as...more

BakerHostetler

Schrödinger’s Cat? Ninth Circuit Disrupts Trucking Industry with Contractor Misclassification Ruling

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Originally published on WhoIsMyEmployee.com - May 3rd, 2021. Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of...more

Locke Lord LLP

Drivers Put Trucking and Logistics Companies in Cross-Hairs of Independent Contractor Misclassification Cases: July 2020 News...

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Six of the nine cases reported below from July 2020 involve drivers’ class action lawsuits alleging independent contractor misclassification against transportation and logistics companies. They include three settlements, the...more

Obermayer Rebmann Maxwell & Hippel LLP

Misclassification “Double Whammy”: New Jersey Hands the Gig Economy Two Pieces of Bad News

In state governments’ continuing efforts to target “Gig Economy” companies and other organizations who rely on independent contractors, New Jersey recently handed Uber Technologies, Inc. a bill for $650 million because it...more

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

California Court Delivers Trucking Company a Meal/Rest Break Win and Limits the Application of the ABC Test

The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for...more

Locke Lord LLP

January 2018 Independent Contractor Misclassification and Compliance News Update

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There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Seyfarth Shaw LLP

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

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Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

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January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Troutman Pepper

November 2016 Independent Contractor Misclassification and Compliance News Update

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Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Littler

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

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On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

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

Open the Floodgates: NLRB Announces Misclassification of Independent Contractors Can, In Itself, Violate Section 8(a)(1)

On August 26, 2016, the National Labor Relations Board's Division of Advice publicly released an advice memorandum from December of 2015 in which it found a Section 8(a)(1) violation for an employer's misclassification of...more

Troutman Pepper

August 2016 Independent Contractor Misclassification and Compliance News Update

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This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Seyfarth Shaw LLP

NLRB General Counsel Seeks To Regulate and Target Employers with Independent Contractors

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Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA....more

Troutman Pepper

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

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On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

Seyfarth Shaw LLP

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

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Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Patterson Belknap Webb & Tyler LLP

European truck cartel’s €2.93 billion in fines may just be the beginning

The European Commission on Tuesday announced its decision finding truck makers MAN, Volvo/Renault, Daimler, Iveco, and DAF liable for violating EU antitrust rules. The companies acknowledged that for 14 years they colluded...more

Troutman Pepper

June 2016 Independent Contractor Misclassification and Compliance News Update

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The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more

WilmerHale

Brexit – Major Upheaval and Change

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As the UK leaves the EU, in light of the seismic result of the United Kingdom referendum on June 23, 2016, there will be an immense amount to do, for the UK and the remaining EU, and for companies that are either based in, or...more

U.S. Equal Employment Opportunity Commission...

Prime, Inc. to Pay Over $3 Million After Court Ruled it Used Discriminatory Hiring Practices

Trucking Giant's Same-Sex Trainer Policy Kept Women Drivers Out of Jobs, Federal Agency Charged - ST. LOUIS - New Prime Trucking, Inc., one of the nation's largest trucking companies, will pay over $3.1 million and...more

Troutman Pepper

Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?

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A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them...more

Troutman Pepper

July 2015 Independent Contractor Compliance and Misclassification News Update

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This July was another month where independent contractor compliance and misclassification was a topic that made front page news. Hillary Clinton placed independent contractor misclassification in the national spotlight when...more

Mintz

Divestiture Offer Fails to Save Merger Where FTC Wins on Market Definition Based on Customer Type

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Eighteen months after the deal was first announced, Sysco Corporation (“Sysco”) and US Foods, Inc. (“USF”) abandoned their $3.5 billion merger following the Federal Trade Commission’s (the “FTC” or “Commission”) decisive...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, You’ll Never Pooh-Pooh The GINA Again.

On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act. The controversy started when Atlas Logistics Group Retail...more

BakerHostetler

FedEx to Pay $228 Million in Independent Contractor Misclassification Settlement

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Things that $228 Million will buy: – LeBron James’s waterfront mansion in Miami, listed for $15 million – A 710-year old copy of the Magna Carta, sold in 2007 for $21.3 million – The Oakland A’s, sold in 2005 for $180...more

Foley & Lardner LLP

Bumpy Ride: How Rideshare Programs Are Challenging Worker Classification and Raising Questions About a Potential Need to Modernize...

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Rideshare services, which typically work by having users arrange rides using mobile apps on their phones with drivers who decide whether they want to provide a ride to a user at their discretion, have grown immensely in...more

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