Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more
1/12/2024
/ Comment Period ,
Commercial Truck Drivers ,
Drivers ,
Employer Liability Issues ,
Federal Labor Laws ,
Federal v State Law Application ,
FMCSA ,
Preemption ,
Public Comment ,
Rest and Meal Break ,
Shipping ,
State Labor Laws ,
Wage and Hour ,
Waivers
Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor carriers. Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the...more
Seyfarth Synopsis: Businesses at the San Francisco International Airport (SFO) may need to make significant changes to employee health benefits under San Francisco’s Healthy Airport Ordinance by April 1, 2021. These FAQs...more
Seyfarth Synopsis: On September 1, 2020, the San Francisco Board of Supervisors approved another temporary emergency ordinance, this time protecting employees, contractors, and job applicants from adverse employment action if...more
9/23/2020
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Covered Employees ,
Crisis Management ,
Employer Liability Issues ,
Infectious Diseases ,
Local Ordinance ,
Low-Wage Workers ,
Quarantine ,
San Francisco ,
Sick Employees ,
State and Local Government ,
Workplace Safety
Seyfarth Synopsis: Effective April 8, 2020, the Federal Motor Carrier Safety Administration (“FMCSA”) extended an emergency rule suspending “Hours of Service” rules that generally limit the number of hours certain truck...more
Seyfarth Synopsis: The California Supreme Court has held that, under the Private Attorneys General Act (“PAGA”), an employee does not lose the ability to pursue representative claims as an “aggrieved employee” by virtue of...more
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more
1/20/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motion to Dismiss ,
Motion To Enjoin ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Teamsters ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more
1/13/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more
1/6/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Injunctive Relief ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
State and Local Government ,
State Labor Laws ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned what deference courts would...more
Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.
California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more
Seyfarth Synopsis: The California Supreme Court heard oral arguments Tuesday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an...more
Seyfarth Synopsis: In June 2017, the San Francisco Board of Supervisors passed an ordinance requiring employers to provide a private “lactation location” where new mothers can pump their milk as well as a “lactation break”...more
Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, has agreed to address the legal standard for determining whether a worker classified as an independent contractor is really an...more
Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances.
California public policy, stated in our Constitution, strongly favors the right...more