On January 16, 2020, the U.S. District Court for the Southern District of California entered an order granting a preliminary injunction requested by the California Trucking Association (CTA), which was represented by Ogletree...more
1/17/2020
/ ABC Test ,
Commercial Truck Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Injunctive Relief ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trade Associations ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
On January 13, 2020, U.S. District Court Judge Roger T. Benitez left in place a temporary restraining order (TRO) enjoining the enforcement of California’s Assembly Bill (AB) 5 as to motor carriers operating in California....more
1/14/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
TRO ,
Trucking Industry
On September 18, 2019, Governor Gavin Newsom signed Assembly bill (AB) 5, which codifies last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or...more
On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more
9/13/2019
/ ABC Test ,
Employee Benefits ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more
2/12/2019
/ ABC Test ,
Appeals ,
Caregivers ,
Corporate Counsel ,
Domestic Workers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Home Health Care ,
Home Healthcare Workers ,
Independent Contractors ,
Reversal ,
Staffing Agencies
On January 15, 2019, the Supreme Court of the United States held that the Federal Arbitration Act (FAA) did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an...more
1/16/2019
/ Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS ,
Trucking Industry
In a landmark decision, the Supreme Court of California adopted a new test to determine whether a worker performing services for a company is an employee or an independent contractor under California’s wage orders. The new...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour