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Transportation Labor & Employment

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

DOT to Test Safety-Sensitive Transportation Workers for Additional Opioids - Employers May Need to Update Drug Testing Policies as...

by Holland & Knight LLP on

Safety-sensitive transportation workers in the aviation, trucking, rail, transit and pipeline industries, as well as certain U.S. Coast Guard employees, are required to submit to random drug testing under federal law....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

PHMSA Raises Random Drug Testing Rate To 50% For 2018

by Jackson Lewis P.C. on

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to...more

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

U.S. Department Of Transportation Publishes Guidance For Updating Drug And Alcohol Testing Policies

by Jackson Lewis P.C. on

The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change). DOT published guidance on December 1, 2017 to...more

Lessons to be learned from Uber and Deliveroo

by Dentons on

Aslam and others v. Uber BV and others - Hot on the heels of the article in our last newsletter on Addison Lee and the "gig economy", on Friday 11 November 2017, the Employment Appeal Tribunal (EAT) confirmed an employment...more

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

by Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

Is Your Company Car Exposing Sensitive Data To Hackers?

by Fisher Phillips on

In today’s world, where lots of sensitive data are stored electronically, prudent companies utilize sophisticated computer cyber security systems to prevent the hacking of such data. They likely also require employees to...more

Department of Transportation Publishes Final Rule on Drug Testing

On November 13, 2017, the U.S. Department of Transportation (DOT) published a final rule making significant changes to 49 Code of Federal Regulations Part 40, which affects employers administering drug tests in the...more

DOT Amends Employee Drug Testing Requirements

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

The Uber Saga Continues – “Worker” Status in the Gig Economy

by McDermott Will & Emery on

In Depth - The UK Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET’s) finding that Uber drivers are “workers”. It rejected Uber’s argument that Uber is simply a technology platform acting as an...more

FMCSA Expands Its Drug Testing Panel Effective January 1, 2018

by Jackson Lewis P.C. on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced in a rule to be published in the Federal Register on November 13, 2017, that it will expand its drug testing panel to include four...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

A Comprehensive Review Of The Grubhub Trial Closing Arguments

by Fisher Phillips on

After a five-hour closing argument session in a California federal court on Monday, the gig economy is waiting with baited breath and trying to hazard their best guesses about how the judge will rule in the high-stakes Lawson...more

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

Uber Forced To Carry On Its Defense Of 'On Call' Claims

by Fisher Phillips on

In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

September 2017: The Top 10 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

Travel Ban Expires, Replaced by Presidential Proclamation Restricting Travel for Certain Nationals of Chad, Iran, Libya, North...

by Dickinson Wright on

On September 24, 2017, President Trump issued a proclamation entitled, “Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats” (“the...more

Airport Active Shooter Incident — What Can Happen in Just 15 Seconds, and What Business Needs to Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent active shooter incident at an international airport illustrates both how quickly an incident may be over, yet how ancillary impacts take much longer to resolve. While the shooter was apprehended in...more

Travel Ban 3.0 – President Trump Revises Travel Ban

by Fisher Phillips on

President Trump signed a new and revised “travel ban” over the weekend, soon after the expiration of his second temporary travel ban. This latest executive order, signed on September 24, more directly targets individuals from...more

Phase One Of Grubhub Trial Ends; Waiting Game Begins

by Fisher Phillips on

The evidentiary phase of the Grubhub misclassification trial ended last week; now the gig economy world waits with baited breath for a final ruling. For those unfamiliar with the situation, this could be the first time the...more

A Look-In At The Halfway Point In The Critical GrubHub Trial

by Fisher Phillips on

As readers of this blog know, we are right in the midst of one of the most significant legal developments for the gig economy. For the first time, a judge is being asked to definitely decide at trial whether a typical...more

The Practical NLRB Advisor Issue 6 Summer 2017

XYZ Logistics has certainly had its share of labor troubles lately. Its truck drivers have been represented by the Teamsters for decades, and it has been bargaining a new union contract for what seems like forever. The...more

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