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: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more
11/17/2023
/ California ,
Commercial Truck Drivers ,
Employees ,
FMSCA ,
Labor Commissioners ,
Preemption ,
Rest and Meal Break ,
State and Local Government ,
State Attorneys General ,
Wage and Hour ,
Waivers
Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more
8/22/2023
/ Biden Administration ,
California ,
Federal Labor Laws ,
FMCSA ,
Interstate Commerce ,
Labor Reform ,
Preemption ,
Regulatory Agenda ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Waivers ,
Washington
Seyfarth Synopsis: The Northern District of California recently issued two rulings with noteworthy employment implications for commercial air carriers. The first ruling represents the first time a court has found that federal...more
7/27/2023
/ Air Carriers ,
Airlines ,
Airports ,
California ,
Employment Litigation ,
Federal Aviation Act ,
Federal Aviation Administration (FAA) ,
Labor Code ,
Pilots ,
Preemption ,
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 whether California courts...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