News & Analysis as of

Appeals Commercial Truck Drivers

Flaster Greenberg PC

To Hire or Not to Hire: A Difficult Question Made Easier to Answer Courtesy of the Eighth Circuit’s Ruling in CRST v. Swift

Flaster Greenberg PC on

The trucking industry is experiencing an unprecedented driver shortage. The American Trucking Associations estimates that the industry is short a record 80,000 drivers, a figure that is currently projected to double by 2030....more

Holland & Knight LLP

Update on Key Issues for Motor Carriers Involving Independent Contractors

Holland & Knight LLP on

This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Upholds Mandated Use of CPAP Device for Driver With Sleep Apnea

Truck drivers and some related workers differ from other employees in that they are subject to federal Department of Transportation safety rules that require medical examinations and disqualify workers with certain medical...more

Benesch

California AB5 Update: Federal Appeals Court Denies Request To Stay District Court’s Preliminary Injunction

Benesch on

While the transportation and logistics world has naturally been occupied with rapidly developing circumstances surrounding the COVID-19 crisis, the United States Court of Appeals for the Ninth Circuit has delivered a...more

Payne & Fears

Key California Employment Law Cases: January 2020

Payne & Fears on

Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Nossaman LLP

Rhode Island Driving for a Different Outcome in Federal Truck Toll Lawsuit

Nossaman LLP on

Rhode Island is trying to put the brakes on a federal lawsuit brought by the trucking industry that could steer the state’s truck toll system into a ditch.  The outcome could create speed bumps for transportation agencies...more

Fisher Phillips

Gig Companies Lose Round 2 in New Prime Battle As Courts Debate Whether Workers Are Exempt From Arbitration

Fisher Phillips on

A federal appeals court decided last week that ride-share drivers engaging in interstate commerce while performing work for Uber should not be subject to the company’s arbitration agreement because of a recent Supreme Court...more

Adler Pollock & Sheehan P.C.

Arbitration of Employment Disputes – Textualism as Applied to “Contracts of Employment”

Introduction - On January 15, 2019, Justice Gorsuch, the self-described textualist on the U.S. Supreme Court, authored the opinion of the Court in the matter of New Prime Inc. v. Oliveira, interpreting the term “contracts...more

Seyfarth Shaw LLP

Keep On Truckin’: Strategies for Managing Wage and Hour Risks with Transportation Contractors After New Prime, Inc. v. Oliveira

Seyfarth Shaw LLP on

Seyfarth Synopsis: In January, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira that the Federal Arbitration Act’s (“FAA” or the “Act”) exclusion for transportation workers engaged in interstate commerce...more

Fisher Phillips

Recent SCOTUS Case Swift-ly Comes Home To Roost For Transportation Company

Fisher Phillips on

The $100 million settlement announced Monday by a transportation company to resolve a long-running misclassification claim might be the direct result of a January Supreme Court decision, and might be a troubling harbinger of...more

McNees Wallace & Nurick LLC

Enforcement Of Inividual Arbitration Agreements – Supreme Court Takes Two Steps Forward And One Step Back

Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to...more

Littler

Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

Littler on

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,...more

Davis Wright Tremaine LLP

U.S. Supreme Court Holds Independent Contractors Can be “Transportation Workers” Exempt from Federal Arbitration Act

In recent years, it has been an unerringly safe bet that the U.S. Supreme Court will rule in favor of the enforcement of arbitration agreements. But on January 15, 2019, the Court issued a rare decision bucking that trend in...more

Cozen O'Connor

SCOTUS Refuses to Enforce Arbitration Agreement Between Interstate Trucking Company and Driver

Cozen O'Connor on

The Federal Arbitration Act (FAA) requires courts to enforce private arbitration provisions contained in agreements between private parties. But the U.S. Supreme Court recently carved out an exception to the otherwise...more

Littler

Supreme Court Holds Independent Contractor Truck Drivers Fall Under Federal Arbitration Act's Transportation Worker Exemption

Littler on

While the Federal Arbitration Act (“FAA”) broadly applies to a wide variety of employment and contracting arrangements, it does contain in Section 1 an exception excluding certain transportation workers from its coverage. ...more

Fisher Phillips

Could Recent Supreme Court Case Upend Gig Economy Arbitration Pacts?

Fisher Phillips on

My colleagues Andy Scott and Felix Digilov reported on last week’s Supreme Court decision that rejected a trucking company’s effort to force its drivers to arbitrate their wage and hour claims against the company, despite the...more

Buckingham, Doolittle & Burroughs, LLC

Federal Arbitration as an Alternative to Litigation Does Not Apply to Transportation Workers

Last week, employees received a rare victory that punches a sizable hole in previous laws that supported allowing arbitration in place of litigation. Recently, a unanimous Supreme Court determined that the regulation does not...more

Franczek P.C.

Keep on Trucking: SCOTUS Decision Impacts Trucking Industry

Franczek P.C. on

On January 15, 2018, the Supreme Court issued a unanimous 8-0 decision in the matter of New Prime, Inc. v. Oliveira. Justice Kavanaugh took no part in the consideration or decision of the case. ...more

Saul Ewing LLP

Supreme Court Rules That Interstate Trucking Company Cannot Require Independent Contractors To Arbitrate Wage and Hour Claims

Saul Ewing LLP on

Last week, the United States Supreme Court delivered a decision that will have a substantial impact on business owners in the transportation industry. In New Prime Inc. v. Oliveira, the Court ruled that a private company...more

Troutman Pepper

Supreme Court's Latest Arbitration Opinion Bucks a Pro-Arbitration Trend

Troutman Pepper on

For the second time in a week, the U.S. Supreme Court issued a unanimous opinion on arbitration. This time, in New Prime Inc. v. Oliveira, No. 17-340 (Jan. 15, 2019)...more

Holland & Knight LLP

Supreme Court: Federal Arbitration Act Doesn't Apply to Transportation Independent Contractors

Holland & Knight LLP on

• The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry. • The Court held that a court –...more

Stinson LLP

Supreme Court Finds Independent Contractor Truck Drivers Excluded from Arbitration

Stinson LLP on

On January 15, 2019, the U.S. Supreme Court issued a ruling in New Prime Inc. v. Dominic Oliveira (No. 17-340) clarifying whether the Federal Arbitration Act (FAA) applied to arbitration provisions within independent...more

Ballard Spahr LLP

Supreme Court Hands Victory to Workers in Transportation Company's Pursuit of Arbitration

Ballard Spahr LLP on

In a unanimous decision, the U.S. Supreme Court on January 15 dealt a blow to employers in transportation industries, ruling that those workers—including those classified as independent contractors—are exempt from the Federal...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS Arbitration Decision: Everything Old Is New Again

The Court has delivered employers their first loss in an arbitration case in decades. This week, the U.S. Supreme Court held 8-0 in New Prime, Inc. v. Oliveira that the Federal Arbitration Act does not cover certain...more

50 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide