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Labor & Employment Transportation Civil Remedies

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Fourth Circuit Says Mixed-Fleet Drivers Entitled to Overtime

Under the Fair Labor Standards Act, certain drivers of commercial vehicles in interstate commerce are exempt from the law’s overtime provisions. In 2008, Congress amended the FLSA to apply the overtime requirement to drivers...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

by Fisher Phillips on

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

Unions Win Next Round In Seattle Gig Worker Organizing Battle

by Fisher Phillips on

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

Court Ruling Means We’re One Step Closer To A Unionized Gig Economy

by Fisher Phillips on

The battle over organizing workers in the on-demand economy continues to heat up. Yesterday, a federal court in Washington dismissed a lawsuit filed by the U.S. Chamber of Commerce and others challenging the City of Seattle’s...more

Class Action Suits Against Massachusetts Car Dealers on the Rise

by Mintz Levin on

Spurred by a recent change in a Massachusetts wage and hour regulation, plaintiffs’ attorneys are aggressively pursuing class action lawsuits seeking unpaid overtime premium pay on behalf of car salespeople across the...more

Immigration Alert: Travel Ban Partially Reinstated

by Vedder Price on

On January 27, 2017, President Trump issued an Executive Order banning visa issuance and travel to the United States for all refugees and travelers from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for...more

Supreme Court Partially Revives President’s Travel Ban, But Imposes Limitations

by Fisher Phillips on

The U.S. Supreme Court announced this week that portions of the controversial Executive Order No. 13780, “Protecting the Nation from Foreign Terrorist Entry Into the United States” (known informally as the “travel ban”),...more

New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases

by Genova Burns LLC on

Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems Inc. (“FedEx”)’s Motion to Dismiss in a trucking misclassification case. The court dismissed several claims but...more

Seattle’s Attempt to Unionize On-Demand Economy Dealt First Blow

by Fisher Phillips on

Not two weeks ago, we discussed several active court cases seeking to challenge the City of Seattle’s first-of-its-kind ordinance aimed at unionizing ride-sharing drivers, pointing out that the battle was about to reach a...more

Latest Misclassification Settlement Fails To Lyft Sharing Economy Companies

by Fisher Phillips on

Late last week, a federal court judge in California approved a settlement agreement whereby ride-sharing company Lyft agreed to pay $27 million to approximately 95,000 California drivers who alleged they were misclassified as...more

Sheppard Mullin Travel Advisory and Immigration Update

The last two weeks in Washington have been very eventful in the immigration field. In light of the travel restrictions recently imposed by the President’s executive order, we are now advising our U.S. clients who have...more

Client Alert – Executive Order Immediately Suspends Travel into the U.S. for Certain Foreign Nationals

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In light of recent events related to the most recent Executive Order banning travel to the United States for nationals from certain countries, please continue reading for more detailed information regarding...more

Seventh Circuit Sets Groundbreaking Precedent, Reverses FRSA Retaliation Judgment

On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and...more

Lyft Obtains Dismissal Of FCRA Class Action

by Benesch on

Lyft, the ride-sharing service, recently obtained dismissal of a putative class alleging that it violated the Fair Credit Reporting Act (“FCRA”) when obtaining background checks on its drivers. See Nokchan v. Lyft, Inc., No....more

ADA Allows Sleep Apnea Test for Obese Driver

Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have...more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Court Curtails Relief For Age Discrimination Collective Action Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”). In a ruling on April 26, 2016, in K.H., et al., v....more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

What The $100M Uber Settlement Means To All Employers

by Fisher Phillips on

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more

Ninth Circuit Overturns Injunction Against Air Carrier’s Unilateral Work Rule Changes During Bargaining for First Contract

The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,...more

Former Uber Driver Files Class Action for Data Security Breach

by Moore & Van Allen PLLC on

Uber Technologies Inc., the internet-based taxi service, was recently hit with a putative class action lawsuit over a data breach involving the personal information of about 50,000 current and former drivers. Uber develops,...more

March 2015 Independent Contractor Compliance and Misclassification News Update

by Pepper Hamilton LLP on

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

No Waiver Of PAGA Representative Claims (Yet)

by Hirschfeld Kraemer LLP on

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC. Had the Court heard the Iskanian case, it was expected to...more

Flash No. 44 - 2014 … A Year In Review

by Benesch on

2014 was uncomfortably fast. When did you last write 2013 on a check or a letter by mistake? If you did, rest assured that you are not alone. So, while we still have a few weeks before we have to face the start of a new year...more

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