News & Analysis as of

Trucking Industry Independent Contractors Delivery Drivers

Society of Corporate Compliance and Ethics...

Keeping food deliveries safe

Report on Supply Chain Compliance 3, no. 10 (May 14, 2020) -... So much of the U.S. shelters in place to help slow the spread of COVID-19, more consumers are using delivery services to get grocery and restaurant...more

Littler

Third Circuit Finds FAAAA Does Not Preempt New Jersey ABC Test

Littler on

In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting...more

Sheppard Mullin Richter & Hampton LLP

The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more

Fisher Phillips

Contractor Apocalypse: California Supreme Court Adopts Broad New Misclassification Test

Fisher Phillips on

In a groundbreaking decision, the California Supreme Court adopted a new legal standard yesterday that will make it much more difficult for businesses to classify workers as independent contractors, drastically changing the...more

Benesch

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...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

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

Massachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes

Massachusetts’s highest court recently issued a decision that impacts the ability of delivery companies operating in the commonwealth to use independent contractors in providing delivery services. In Chambers v. RDI...more

Seyfarth Shaw LLP

Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more

Troutman Pepper

Self-Inflicted IC Misclassification Wounds: How Did FedEx Bludgeon Itself Into Pay Nearing $500 Million to Settle Claims That It...

Troutman Pepper on

FedEx’s costs due to IC misclassification are approaching $500 million over the past year as a result of its inability to draft in a valid manner its IC agreement and internal policies governing Ground Division drivers. Last...more

Benesch

InterConnect FLASH! No. 55 - Disruptors Continue to Create Challenges for the Independent Contractor Business Model

Benesch on

Disruptors Continue to Create Challenges for the Independent Contractor Business Model - Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible...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

Benesch

InterConnect - Summer 2015

Benesch on

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more

Littler

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

Littler on

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization...more

Troutman Pepper

March 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

Troutman Pepper

February 2015 Independent Contractor Compliance and Misclassification Update

Troutman Pepper on

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more

Benesch

The Interconnect Flash - No. 46: Court Deals Crushing Blow to Massachusetts Independent Contractor Law

Benesch on

On February 5, 2015, Judge Robert G. Stearns issued industry-favorable decisions in two worker classification suits pending in the United States District Court for the District of Massachusetts. Based upon the First Circuit...more

Troutman Pepper

November 2014 Independent Contractor Compliance and Misclassification Update

Troutman Pepper on

This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more

BakerHostetler

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

BakerHostetler on

Last week the Ninth Circuit issued a pair of decisions in the nearly-decade long misclassification dispute between FedEx and its drivers, with the Court of Appeals ruling that drivers in California and Oregon are FedEx...more

Fenwick & West LLP

Fenwick Employment Brief - July 2014

Fenwick & West LLP on

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

BakerHostetler

Arizona District Court Rejects Joint Employer Arguments in Independent Contractor Case Alleging Misclassification of Truck Drivers

BakerHostetler on

A month ago we discussed the Ninth Circuit’s decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the employer treated its delivery drivers as employees in everything but name,...more

BakerHostetler

Ninth Circuit Shows No Affinity for Independent Contractor Status in Delivery Drivers

BakerHostetler on

Delivering another blow to the independent contractor model, the Ninth Circuit Court of Appeals held this week that furniture delivery drivers for Affinity Logistics were employees under California law, not independent...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide