News & Analysis as of

Wage and Hour Trucking Industry

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

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

Benesch

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

Benesch on

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

Benesch

Diagnosis: Whiplash! The FMCSA’s Meal and Rest Break Waiver Proposal

Benesch on

Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...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

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: March 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

California Court of Appeal Confirms Expansive Reach of Federal Meal and Rest Break Preemption

The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service for drivers of certain property-carrying commercial motor vehicles. The FMCSA’s regulations include meal and rest break rules that...more

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

Beltway Buzz - February 2022 #2

In a rare moment of bipartisanship - particularly in the labor and employment policy sphere - the U.S. Congress this week passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The bill...more

Jackson Lewis P.C.

California Court of Appeals Rules Short Haul Drivers’ Claims Preempted by Federal Motor Carrier Safety Administration Rules

Jackson Lewis P.C. on

In Espinoza v. Hepta Run, Inc., the California Court of Appeal reiterated that federal law preempts California meal and rest period requirements for motor carriers and confirmed such preemption also applies to short-haul...more

CDF Labor Law LLP

Federal Regulations Trump California’s Meal and Rest Break Rules For Short Haul Drivers Too

CDF Labor Law LLP on

Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules...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

Fox Rothschild LLP

Doctrine Of Practical Continuity Tested Again In Case Involving FLSA Motor Carrier Exemption

Fox Rothschild LLP on

I have always been interested in the Motor Carrier Act (MCA) exemption of the Fair Labor Standards Act, 29 USC 213(b)(1), especially in the doctrine of “practical continuity” which is one of the ways that interstate commerce...more

Sherman & Howard L.L.C.

Ninth Circuit Dumps Truckers’ Challenge To California’s New Independent Contractor Test

In a previous post, we talked about California shifting gears to the so-called “ABC test” for determining whether a worker is an employee or independent contractor in a law called “AB-5.” Compared to California’s previous...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

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

Jones Day

Ninth Circuit Affirms FMCSA Preemption of California Meal and Rest Break Laws for Drivers Subject to Federal Regulation

Jones Day on

Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...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

Payne & Fears

Key California Employment Law Cases: January 2021

Payne & Fears on

International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...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

CDF Labor Law LLP

Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...more

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

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more

Littler

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

Littler on

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

Payne & Fears

Ninth Circuit Upholds FMCSA Preemption of California Meal and Rest Break Laws

Payne & Fears on

The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more

145 Results
 / 
View per page
Page: of 6

"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