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Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more

New Rule on Independent Contractor Classification Will Have Profound Impact on Businesses

The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new...more

Do Food Distributors Meet Federal Arbitration Act's Transportation Worker Exemption?

As we look toward the new year, a new chapter will be written by the U.S. Supreme Court regarding the scope of the exemption under Section 1 of the Federal Arbitration Act (FAA), for "contracts of employment of seamen,...more

New Proposed Rule on Independent Contractors to Impact Trucking, Gig Economy and Other Companies

The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The proposed rule, published...more

Massachusetts Food Delivery Drivers Not Exempt From Arbitration

One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of...more

Update on Key Issues for Motor Carriers Involving Independent Contractors

This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more

DOL Delays Trump Administration's Independent Contractor Rule

As predicted in a previous Holland & Knight Transportation Blog post (see "Another Shift on Joint Employment and Independent Contractors," Jan. 12, 2021), the Biden Administration's rollback of the business-friendly...more

Ninth Circuit Decides Federal Law Preempts California Meal and Rest Break Rules

The anticipated decision by the U.S. Court of Appeals for the Ninth Circuit in Teamsters v. FMCSA dealing with federal preemption of California meal and rest breaks for motor carriers, highlighted in a previous Transportation...more

Another Shift on Joint Employment and Independent Contractors

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

FMCSA Extends Emergency Declaration to May 15 in Response to COVID-19, Direct Assistance Needs

The Federal Motor Carrier Safety Administration (FMCSA) has expanded and extended its Emergency Declaration through May 15, 2020, or until the COVID-19 national emergency declaration from the president of the United States is...more

FMCSA Expands Hours of Service and Other Exemptions in Response to COVID-19

The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency declaration that exempts motor carriers and drivers from federal regulations located at 49 CFR § 390.23, which includes the hours of service...more

Federal Court Extends Temporary Injunction Barring AB-5 from Applying to Motor Carriers Operating in California

As an update to our Jan. 7, 2020, post regarding California Assembly Bill 5 (AB-5), on Jan. 13, 2020, U.S. District Judge Roger T. Benitez of the Southern District of California heard two hours of oral argument on the motion...more

Federal Court Grants Temporary Restraining Order Prohibiting AB-5 from Applying to Motor Carriers Operating in California -...

California Assembly Bill 5 (AB-5), a law aimed at classifying most workers as employees rather than independent contractors, went into effect Jan. 1, 2020. However, the day before the law took effect, U.S. District Judge...more

Legal Minute: Contractor Misclassification [Video]

Labor and Employment attorneys Linda Auerbach Allderdice and Michael Maroney break down independent contractor misclassification in the transportation industry. They explain that if you are doing business in Massachusetts,...more

Federal Court Dismisses Independent Contractor Misclassification Suit in Favor of Arbitration - Ruling Involves Case Where...

In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more

Supreme Court: Federal Arbitration Act Doesn't Apply to Transportation Independent Contractors

• The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry. • The Court held that a court –...more

SCOTUS Rules Federal Arbitration Act Not Applicable to Transportation Independent Contractor Agreements

On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute over the applicability of the Federal...more

Supreme Court Hears Argument on Applicability of Federal Arbitration Act to Transportation Independent Contractor Agreements

On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

Grubhub Wins First Independent Contractor Misclassification Trial in the Gig Economy

Independent contractor misclassification claims have been percolating through the courts for years. Some were swept away by a wave of federal preemption, which has subsided. Others found their way to the summary judgment...more

Key Updates Regarding the Massachusetts Consumer Protection Act – Chapter 93A

Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given...more

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

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