Katharine Weber

Jackson Lewis P.C.

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Latest Posts › Trucking Industry

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DOL Withdraws Opinion Letters Regarding Sleeper Berth Time, Independent Contractor Status

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

2/23/2021 / Department of Labor (DOL) , Duty Free , Fair Labor Standards Act (FLSA) , Independent Contractors , Opinion Letter , Trucking Industry , Wage and Hour

Federal Motor Carrier Safety Agency Proposes Changes To Hours Of Service Rules For Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on changes to the hours of service (HOS) rules. Background - First adopted...more

8/24/2019 / Commercial Truck Drivers , Commercial Vehicles , Department of Transportation (DOT) , ELD Mandate , FMCSA , Motor Carriers , NPRM , Public Safety , Trucking Industry

Truck Drivers’ Sleeper Berth Time Is Presumptively Not Compensable Under The FLSA, DOL Concludes

In a welcome reversal of its prior guidance, on July 22, 2019, the U.S. Department of Labor (DOL) concluded that if a truck driver, or driver’s assistant or helper, is completely relieved of duty and is provided with adequate...more

7/25/2019 / Commercial Truck Drivers , Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Trucking Industry , Wage and Hour

Toll Road Ahead: Fourth Circuit Rules Mixed-Fleet Interstate Truck Drivers May Be Entitled To Overtime Pay

Despite the overtime exemption provided by the Motor Carrier Act, interstate trucking employers who operate “mixed fleets” – those with vehicles both over and under 10,000 pounds – may owe overtime pay to drivers of the...more

12/8/2017 / Fair Labor Standards Act (FLSA) , Motor Carriers , Over-Time , Trucking Industry , Wage and Hour

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