News & Analysis as of

Wage and Hour Misclassification Trucking Industry

Amundsen Davis LLC

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

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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

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

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As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Obermayer Rebmann Maxwell & Hippel LLP

California’s Struggle With Its “ABCs” Continues

In January of 2020, California enacted a new law that codifies a strict test for determining if workers are independent contractors or employees and thereby entitled to minimum wage, overtime, and various other benefits. ...more

Manatt, Phelps & Phillips, LLP

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

The long-running battle over the classification of workers as independent contractors or employees in California continues, with a trial court judge striking down Proposition 22 and an appeal to the U.S. Supreme Court to...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

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The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

Littler

DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters

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On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the...more

ArentFox Schiff

Class Action Quarterly Update

ArentFox Schiff on

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more

Epstein Becker & Green

#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law...

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It’s #WorkforceWednesday, featuring Employment Law This Week®, blog posts, client alerts, and other helpful resources from Epstein Becker Green’s Employment, Labor & Workforce Management practice. Get the information you need...more

Fisher Phillips

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

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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

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

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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

Benesch

InterConnect FLASH! No. 78 - A Big Win For California Motor Carriers: Federal Court Prohibits Enforcement of Assembly Bill No. 5

Benesch on

On January 16, 2020, finding that “California runs off the road and into the preemption ditch,” Judge Roger Benitez of the United States District Court for the Southern District of California issued his decision granting a...more

Epstein Becker & Green

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

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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

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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

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

Epstein Becker & Green

California Trucking Association Mounts Challenge to “ABC” Test

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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

Fox Rothschild LLP

Labor, Liability And Laws: How California’s New Labor Bill Will Begin Shipping Liability To 3pls In 2019

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The California legislature passed Senate Bill 1402 (SB 1402) on August 31, 2018, which creates the possibility of shifting liabilities to third-party logistics that work with California port drayage motor carriers. Governor...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

Benesch

InterConnect Newsletter - Summer 2018

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As has been widely reported, the California Supreme Court on April 30, 2018, issued a decision in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County that rejected a long-standing flexible, multifactor...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

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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

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

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