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
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
The freight brokerage industry began humming Meat Loaf’s 1977 power ballad earlier today when the U.S. Court of Appeals for the Seventh Circuit became the third federal appellate court to consider the extent to which...more
7/19/2023
/ Appellate Courts ,
Brokers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Motor Carriers ,
Negligence ,
Preemption ,
Regulatory Requirements ,
Split of Authority ,
Transportation Industry ,
Wrongful Death
Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more
6/30/2022
/ ABC Test ,
B2B Organizations ,
Commercial Truck Drivers ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
Supply Chain ,
Transportation Industry ,
Trucking Industry
The transportation and logistics industry has been widely anticipating a decision from the U.S. Supreme Court as to whether or not it will accept for review two very significant cases involving the scope of the Federal...more
6/27/2022
/ ABC Test ,
Brokers ,
Common Carriers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Independent Contractors ,
Logistics ,
Petition for Writ of Certiorari ,
Preemption ,
SCOTUS ,
Transportation Industry ,
Trucking Industry
On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more
In November 2020, a California state appeals court ruled in People of the State of California v. Superior Court of Los Angeles County and Cal Cartage Transportation Express, LLC that the Federal Aviation Administration...more
12/14/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Labor Regulations ,
Preemption ,
State Labor Laws ,
Trucking Industry
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
Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more
1/2/2020
/ ABC Test ,
Commerce Clause ,
Commercial Truck Drivers ,
Dormant Commerce Clause ,
Employee Definition ,
Employment Contract ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
Transportation Industry ,
TRO ,
Trucking Industry
“It Was A Very Good Year” (For Freight Brokers) -
Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more
11/19/2018
/ Brokers ,
Buyers ,
Commerce Clause ,
Contract Claims ,
Imports ,
International Freight ,
International Treaties ,
Letter of Credit ,
Preemption ,
Public Procurement Policies ,
Sellers ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Wrongful Death
In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more
Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more
10/19/2015
/ Airline Deregulation Act ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration (FAA) ,
Freight Forwarding ,
Preemption ,
State Law Claims ,
Surface Transportation ,
Treble Damages ,
Unfair or Deceptive Trade Practices