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
3/18/2024
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
State Labor Laws ,
Teamsters ,
Trucking Industry ,
Wage and Hour
Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more
2/11/2022
/ Commercial Truck Drivers ,
Data-Sharing ,
Department of Labor (DOL) ,
Enforcement Priorities ,
Independent Contractors ,
Memorandum of Understanding ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Public Comment ,
Transportation Industry ,
Wage and Hour
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
3/20/2020
/ Boycotts ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Response ,
Misclassification ,
State of Emergency ,
Supply Chain ,
Trade Secrets ,
Transportation Industry ,
Trucking Industry ,
TSA
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
1/17/2020
/ ABC Test ,
Borello Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more
12/11/2017
/ Blockchain ,
Commercial Truck Drivers ,
Employer Liability Issues ,
FMCSA ,
Misclassification ,
Motor Carriers ,
Open Source Software ,
Smart Contracts ,
Trucking Industry ,
Uber ,
Wage and Hour
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/5/2015
/ Brokers ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Admiralty Law ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Infrastructure ,
Misclassification ,
Motor Carriers ,
Trucking Industry