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

ELD Zero-Hour is Nearing, May Lay Traps for the Unwary

by Benesch on

Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more

Lyfting TNCs and On-Demand/Sharing Economy Companies Out of the Misclassification Abyss By Mandating Workplace Insurance in Driver...

by Benesch on

Unlike traditional motor carriers that transport cargo, many Transportation Networking Companies (TNCs), e.g., Uber and Lyft, and similar on-demand/sharing economy companies (On-Demand Companies), e.g., GrubHub (a food...more

InterConnect - Fall 2017

by Benesch on

Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

by Benesch on

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,...more

Live! Legislative Updates

by Womble Bond Dickinson on

In our first two newsletters, we offered thoughts and predictions on the Trump Legislative Agenda. Here are a few updates...more

How the Supreme Court's Travel Ban Order Will Impact Businesses

by McNair Law Firm, P.A. on

The United States Supreme Court recently stayed portions of two (2) U.S. Circuit Court opinions and allowed parts of President Trump’s travel ban to go into effect. Foreign nationals from Iran, Libya, Somalia, Sudan, Syria,...more

InterConnect FLASH! No. 62 - Arbitration Clauses in IC Agreements: The Winds Are Shifting

by Benesch on

Recently, the First Circuit Court of Appeals in a case of first impression (Oliveira v. Prime) further demonstrated the importance of choice of law provisions in Independent Contractor Service Agreements (“ICSAs”) as they...more

Is Your Employee NDA Weak?

by Foley & Lardner LLP on

We live in a world of “leaking” information and the automotive industry is not immune. Automotive companies go to great lengths to protect their confidential information (including innovations). But do they have the legal...more

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

BNSF v. Tyrrell: The Other International Shoe Has Dropped

by Pepper Hamilton LLP on

The availability of any forum aside from a defendant's state of incorporation or principal place of business will require a plaintiff to carefully consider the likelihood of obtaining specific jurisdiction because there is...more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

by Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more

Minimize the Risk of External Whistleblower Activity

by Foley & Lardner LLP on

External whistleblower activity can be very costly in the auto industry. As the industry continues to develop, prevention of whistleblower claims will only grow in importance. It’s an issue that can impact every company...more

The Feds Embrace the Sharing Economy

by Fisher Phillips on

A while back, we posted about corporate travel and the sharing economy, noting the burgeoning acceptance of ride-sharing expenses by corporate America. Despite ongoing criticism and litigation, the sharing economy continues...more

Big For Gigs: New Florida Law To Eliminate Misclassification Battles

by Fisher Phillips on

I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the...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

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

by FordHarrison on

In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

by Foley & Lardner LLP on

It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and...more

Uber, CitySprint, Deliveroo… time for change?

by Dentons on

The negative press around gig economy working has been prevalent over the past few months. Below, we take a look at the most significant developments in case law, including some innovative attempts by one trade union to...more

Labor and Employment Group News: Independent Contractor or “Employee, Inc.”?

by Murtha Cullina on

It is usually the case that when you contract for services with another company you have engaged it as an "independent contractor." And, as a result, its employees cannot claim that you owe them overtime pay....more

InterConnect FLASH! No. 58 - Contract, Conduct, And Common Sense Can Save You Money

by Benesch on

You have undoubtedly heard countless times that “an apple a day keeps the doctor away.” Preventive health care is a big deal. Search Google for preventive medicine and it will return approximately 22.4 million results in...more

October 2016 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

Amazon and DHL Air Transport Supplier, ABX Air, Seeks TRO against Potential Pilot Strikes

by Cozen O'Connor on

A subsidiary of Air Transport Services Group, Inc., ABX Air, is seeking a temporary restraining order to halt pilot strikes on November 1 and 2, citing the potential for “crucial flight failures within days.” ABX Air filed...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

by Pepper Hamilton LLP on

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

InterConnect - Fall 2016

by Benesch on

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

InterConnect FLASH! No. 55 - Disruptors Continue to Create Challenges for the Independent Contractor Business Model

by Benesch on

Disruptors Continue to Create Challenges for the Independent Contractor Business Model - Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible...more

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