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Trucking Industry Fair Labor Standards Act (FLSA) Department of Labor (DOL)

Amundsen Davis LLC

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

Amundsen Davis LLC on

On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Holland & Knight LLP

Update on Key Issues for Motor Carriers Involving Independent Contractors

Holland & Knight LLP on

This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more

Jackson Lewis P.C.

DOL Withdraws Opinion Letters Regarding Sleeper Berth Time, Independent Contractor Status

Jackson Lewis P.C. on

Continuing its early pattern of reversing positions adopted during the former administration, on February 19, 2021 the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) withdrew two more Opinion Letters. The...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

Jackson Lewis P.C. on

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Rest Breaks and Workweeks

This week, we take a look at two Ninth Circuit decisions considering agencies’ interpretations of the federal laws governing the employment relationship.  In the first, the Court deferred to the Federal Motor Carrier Safety...more

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

ArentFox Schiff

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry

ArentFox Schiff on

The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification. In particular, as state legislatures...more

Fisher Phillips

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Bradley Arant Boult Cummings LLP

It’s What I Said Before: DOL’s Opinion Reversal Does Not Sway Arkansas Federal Court

When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more

Parker Poe Adams & Bernstein LLP

Truckers' Off-Duty Sleeping Time Not Compensable Under FLSA

Interstate truck drivers are generally exempt from the overtime requirements of the Fair Labor Standards Act. However, this statutory exemption does not apply to minimum wage obligations, and employers are therefore required...more

Bradley Arant Boult Cummings LLP

Is Sleeping Working? – DOL Issues Opinion Letter on Sleeping While on the Job

When is sleeping working? According to a recent DOL Opinion Letter, probably not when it occurs off duty in a sleeper berth of an over-the-road truck. A trucker’s job is to haul a load from Point A to Point B, which often...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL Rolls Out New Wage And Hour Opinion Letter On Truck Sleeper Berth Time

In a July 22 Opinion Letter, the Wage and Hour Division of the U.S. Department of Labor returned to a common-sense interpretation of regulations regarding “hours worked” and “compensable time” as applied to truck drivers and...more

Jackson Lewis P.C.

Truck Drivers’ Sleeper Berth Time Is Presumptively Not Compensable Under The FLSA, DOL Concludes

Jackson Lewis P.C. on

In a welcome reversal of its prior guidance, on July 22, 2019, the U.S. Department of Labor (DOL) concluded that if a truck driver, or driver’s assistant or helper, is completely relieved of duty and is provided with adequate...more

FordHarrison

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

FordHarrison on

Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

Bracewell LLP

Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof

Bracewell LLP on

On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

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

August 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

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

Troutman Pepper

June 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

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

Troutman Pepper

April 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

BakerHostetler

Lower Oil and Gas Prices Met With an Uptick in Unpaid Overtime, Worker Misclassification, and Other Wage Suits

BakerHostetler on

On Monday, the United States Energy Information Administration released a Drilling Productivity Report. The report projects that total oil output from seven major U.S. shale regions will fall by 118,000 barrels per day to...more

Troutman Pepper

July 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

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

Benesch

DOL WAGE & HOUR DIVISION’S “ADMINISTRATOR’S INTERPRETATION” NO INDEPENDENT CONTRACTOR COUP DE GRÂCE FOR TRUCKING—JUST NEW...

Benesch on

On July 15, 2015, David Weil, Department of Labor Wage and Hour Division (the “Division” Administrator, issued the much anticipated and promised “administrator’s interpretation” (the “Memo”) on the issue of worker...more

Cohen Seglias Pallas Greenhall & Furman PC

U.S. Department of Labor Issues New Guidance on Misclassification of Employees as Independent Contractors

The U.S. Department of Labor (DOL) issued guidance on July 15 aimed at curbing the misclassification of employees as independent contractors. The guidance provides several examples of workers in the construction industry. ...more

Franczek P.C.

Insurance Industry Wins Temporary FLSA Exemption for Insurance Adjusters in CRomnibus

Franczek P.C. on

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

Franczek P.C.

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

Franczek P.C. on

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

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