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Trucking Regulations Employer Liability Issues

Littler

U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs

Littler on

The U.S. Department of Transportation (DOT) has published regulations overhauling and expanding its regulated employee testing program to include oral fluids drug tests.  The new regulations, which update 49 C.F.R. Part 40...more

Searcy Denney Scarola Barnhart & Shipley

The Worst Truck Accidents in the U.S.

The vast majority of traffic accidents are minor, with smaller amounts of damages and less serious injuries. However, every once in a while, there is an accident that garners national attention because of its size and/or...more

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

FMCSA Issues Order Preempting Washington’s Meal and Rest Break Rules as Applied to Commercial Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an order this week that Washington State’s meal and rest break rules are preempted as applied to property-carrying commercial...more

Cozen O'Connor

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

Cozen O'Connor on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor...more

Poyner Spruill LLP

Department of Transportation Warns About Employee Use of CBD Products

Poyner Spruill LLP on

The use of CBD (Cannabidiol) products has become very popular throughout the country. In addition, the laws relating to use of hemp plant products are rapidly evolving. As a result, the United States Department of...more

Epstein Becker & Green

Federal Judge Grants Preliminary Injunction to Prevent Enforcement of California’s Controversial New Independent Contractor...

As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more

Fisher Phillips

California Truckers Get Biggest Misclassification Win Yet; Gig Economy Companies Await Their Fate

Fisher Phillips on

The federal court that had granted a temporary restraining order on New Year’s Eve blocking California’s misclassification law from taking effect against the trucking industry just extended that ruling by granting a...more

Epstein Becker & Green

Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000...

Epstein Becker & Green on

As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more

Seyfarth Shaw LLP

California State Court Agrees With Motor Carriers’ Preemption Challenge To AB 5

Seyfarth Shaw LLP on

Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more

Epstein Becker & Green

California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers

Epstein Becker & Green on

Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development....more

Seyfarth Shaw LLP

AB 5 Challenge From California Motor Carriers: TRO Granted

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Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Epstein Becker & Green

California Trucking Association Mounts Challenge to “ABC” Test

Epstein Becker & Green on

As businesses throughout the State of California continue to grapple with the potential implications of AB5, a new law designed to make it more difficult for companies to treat workers as independent contractors, the...more

Seyfarth Shaw LLP

U.S. DOT FMCSA Update on Distracted Driving

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses....more

Littler

Ninth Circuit Holds FAAAA Does Not Preempt California’s Meal and Rest Break Laws

Littler on

Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of...more

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