Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they...more
Employee misclassification continues to be the largest source of class action litigation in the logistics industry. California Trucking Association v. Bonta May Head to the Supreme Court - Independent contract...more
In 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made “ABC test” for...more
Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more
In the latest Chapter of the continuing saga of whether the Federal Aviation Administration Authorization Act (FAAAA) of 1994 preempts either California’s expanded Dynamex “ABC” test set forth in AB 5 or the recent statutory...more
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
On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more
Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more
On February 5, 2015, Judge Robert G. Stearns issued industry-favorable decisions in two worker classification suits pending in the United States District Court for the District of Massachusetts. Based upon the First Circuit...more
In Godfrey v, Oakland Port Services Corp., which was decided on October 28, 2014, the California Court of Appeal issued a published decision holding that the Federal Aviation Administration Authorization Act of 1994 (FAAAA)...more
On September 30, 2014, in Massachusetts Delivery Association v. Coakley, No. 13-2307 (September 30, 2014), the First Circuit Court of Appeals overturned a lower court’s refusal to preempt a Massachusetts independent...more
The saga surrounding the challenges to the Massachusetts “ABC” Test for independent contractors has taken a potentially positive turn for the transportation industry. A decision issued by the U.S. Court of Appeals for the...more
Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not...more
My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more
Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of...more
On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation...more