News & Analysis as of September 19, 2024

Hiring & Firing › Transportation Industry

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Transportation and Supply Chain Snapshot: NLRB’s Proposed Joint Employer Rule Will Pose New Challenges for Employers

Fisher Phillips on 11/10/2022

This FP Transportation and Supply Chain Snapshot is intended to ensure industry employers are aware of an impending rule from the National Labor Relations Board that could upend the way you do business. The agency is seeking...more

Transportation Snapshot Takes Deeper Dive into Industry Attitudes Related to Economic Uncertainty

Fisher Phillips on 8/3/2022

The news that the economy has shrunk for a second straight quarter seems not to be affecting most businesses in the transportation sector. In fact, the results of our FP Flash Survey on Economic Uncertainty revealed that...more

NEW Illinois Law Limiting The Use Of Criminal Convictions: How It Impacts Hiring In The Transportation Industry

Amundsen Davis LLC on 4/5/2021

With Governor Pritzker’s signature to Senate Bill 1480 on March 23, 2021, the Illinois Human Rights Act (IHRA) now prohibits any employer’s use or reliance on a criminal conviction to support an adverse employment action...more

EEOC Sues Professional Transportation for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 11/16/2020

Transportation Company Refused to Hire Worker Because of Medical Treatment for Opioid Addiction, Federal Agency Charges - BLUEFIELD, W.V. – Professional Transportation, Inc. (PTI), a transportation company headquartered...more

California Voters May Get Chance To Overturn ABC Test For Gig Drivers

Fisher Phillips on 10/31/2019

When California’s AB 5 was signed into law last month, a chorus of voices decried the fact that it could radically change the gig economy as we know it. Many contended that the average app-based driver enjoyed being an...more

InterConnect FLASH! No 75 - Gov. Signs Bill Expanding Stranglehold on IC’s in CA: What Now in California?

Benesch on 9/27/2019

California Gov. Gavin Newsom signed the recently passed Assembly Bill 5 (“AB-5”) codifying the Dynamex decision relating to the classification of independent contractors/employees in California and further “clarifying the...more

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on 8/30/2019

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 2/11/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

"It Was A Very Good Year" (For Freight Brokers)

Benesch on 11/20/2018

Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for freight brokers in 2018. In addition to capitalizing...more

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on 10/2/2018

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

New California Law Exposes Maritime Sector to Liability for Drayage Carriers Who Owe Drivers Statute Could Hold Customers of...

Holland & Knight LLP on 10/2/2018

• According to a California statute set to take effect in January 2019, ocean carriers, marine terminal operators (MTOs) and shippers engaging port drayage motor carriers (PDMCs) that default on obligations to pay employees...more

Red Sky in Morning, Shippers Take Warning: California’s Dignity in the Driver’s Seat Bill

Benesch on 8/1/2018

What’s Happening?: Potential Joint Liability for Drayage Carrier Customers - California retailers and shippers beware. In another move by California lawmakers to deter companies from classifying truck drivers as...more

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 5/15/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Contractor Apocalypse: California Supreme Court Adopts Broad New Misclassification Test

Fisher Phillips on 5/1/2018

In a groundbreaking decision, the California Supreme Court adopted a new legal standard yesterday that will make it much more difficult for businesses to classify workers as independent contractors, drastically changing the...more

Holland & Knight's Israel Practice Newsletter: Spring 2018

Holland & Knight LLP on 4/4/2018

Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than...more

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

Littler on 2/1/2018

On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more

The Department of Health and Human Services Revises Drug Testing Custody and Control Form

FordHarrison on 8/28/2017

On August 8, 2017, the Department of Health and Human Services (HHS) announced that the Office of Management and Budget approved its revised Federal Drug Testing Custody and Control Form (CCF). However, Department of...more

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

Seyfarth Shaw LLP on 4/11/2017

Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

Holland & Knight LLP on 1/18/2017

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

New Background Check Requirements for California Transportation Network Companies

Littler on 10/19/2016

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

2016 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Shaw LLP on 10/4/2016

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

August 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 9/9/2016

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Pennsylvania Transit sued for Fair Credit Reporting Act violation

Robinson+Cole Data Privacy + Security Insider on 5/9/2016

Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of...more

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Hiring & Firing › Transportation Industry

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