News & Analysis as of

Owner-Operators

Amundsen Davis LLC

Motor Carriers Beware: Department of Labor Revises Classification of Independent Contractors Under Fair Labor Standards Act

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On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

McGlinchey Stafford

Vessel Owners: New Sexual Assault, Harassment Obligations under Defense Act Amendments

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Under 2023 amendments to the National Defense Authorization Act (NDAA), owners, masters, and managing operators of U.S. documented commercial vessels, are now required to immediately report incidents of harassment, sexual...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 8: Scaling Founder-Owned Businesses with Lincolnshire Management’s Matt Nacier

On the latest episode of Private Market Talks, we dive into the world of private equity with Matt Nacier, principal at Lincolnshire Management and member of the firm’s origination team. Lincolnshire Management is a middle...more

Vinson & Elkins LLP

Real Estate’s Sustainability Challenge

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Transitioning to a carbon-neutral economy will require meaningful commitment and action from nearly every major industry. Automakers must electrify much of their fleets. Farmers must adopt climate-smart practices that help...more

Perkins Coie

New TSA Rail Cybersecurity Rule Shows Trend Toward Prescriptive Mandates

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Background  Critical infrastructure providers confront unique cyber threats. The use of operational technology (OT) introduces risks that arise from, for example, legacy equipment that cannot readily be patched, updated, or...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Fisher Phillips

Supreme Court Steps on the Brakes: How Its Recent AB 5 Decision Will Throw California’s Trucking Industry into Disarray

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While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that...more

Jackson Lewis P.C.

U.S. Supreme Court Declines Review of AB 5

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In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the...more

Fisher Phillips

Massachusetts Franchise Owner-Operators May Be Employees of Franchisors

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The Massachusetts Supreme Judicial Court just held that 7-Eleven franchisees may be employees of 7-Eleven under Massachusetts wage and hour law. The March 24 decision in Dhananjay Patel v. 7-Eleven, Inc. will have significant...more

Dunlap Bennett & Ludwig PLLC

Not Cleared for Takeoff: The FAA’s Recent Crackdown On Illegal Charter Companies

If you have considered entering the world of aviation, you likely know how important the Federal Aviation Administration (“FAA”) is to your endeavor and the strength of its enforcement arm. Regardless of your experience in...more

Cole Schotz

Successor Hotel Owners and Operators Beware: New Jersey Enacts Job Protections for Predecessor Hotel Employees and Notice...

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The new year has brought with it new legislation in New Jersey that warrants close scrutiny by hotel owners and operators alike. Introduced as Bill A-6246, which was signed by Governor Phil Murphy on January 18, 2022, upon a...more

Wiley Rein LLP

TSA Rail Cybersecurity Directives Show Increasing Government Regulation of Critical Infrastructure and the Private Sector

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What: The Transportation Security Administration (TSA) has issued two Security Directives aimed at passenger and freight railroad cybersecurity, continuing the government’s move to an increasingly regulatory approach to...more

Greenbaum, Rowe, Smith & Davis LLP

The New Jersey Economic Recovery Act Of 2020: An Overview Of The New Jersey Ignite Program

The New Jersey Economic Recovery Act of 2020 (ERA), a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and...more

Hogan Lovells

Protect Duty: What does this new duty mean for owners and operators?

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Owners and operators of commercial properties could soon be required by law to consider the adequacy of security measures, systems and processes adopted at their sites and take steps to mitigate any perceived risks. ...more

Holland & Knight LLP

Brokers, Carriers Comment on Federal Motor Carrier Safety Administration Broker Transparency Petitions

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The Federal Motor Carrier Safety Administration (FMCSA) recently requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of brokerage rates. The petitions...more

Seyfarth Shaw LLP

California ABC Test Not FAAAA-Preempted

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Seyfarth Synopsis: In a case involving motor carriers, the California Court of Appeal has held that the FAAAA (Federal Aviation Administration Authorization Act of 1994) does not preempt the ABC employment test California...more

Benesch

Property Broker Regulations: A Chance to Be Heard!

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The Federal Motor Carrier Safety Administration (FMCSA) has called a public listening session for Wednesday, October 28, 2020, from 1:00 PM to 2:30 PM EDT. Advanced registration is required at www.fmcsa.dot.gov. This is a...more

Holland & Knight LLP

Federal Motor Carrier Safety Administration Requests Public Comments on Broker Transparency Petitions

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The Federal Motor Carrier Safety Administration (FMCSA) requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of broker rates. The notice is in response...more

Akerman LLP

Mind Your T’s and C’s: COVID-19 Terms and Conditions for Hotels

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After many agonizing months of the COVID-19 pandemic causing closures and record-low occupancy rates, hotel owners and operators finally can begin reopening and welcoming back guests. In doing so, they must navigate the...more

Cozen O'Connor

More Troubled Waters for the Cruise Industry

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In our previous Alert, we discussed the first of what would be no doubt a tsunami of lawsuits against cruise lines for various physical and emotional damages as a result of the COVID-19 pandemic....more

Cozen O'Connor

Rough Seas for the Cruise Industry

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In what is no doubt the beginning of a tsunami of lawsuits (pun intended) against the cruise industry arising from the coronavirus pandemic what we understand to be the first lawsuit against Princess Cruise Lines has recently...more

Carlton Fields

Coronavirus (COVID-19) Issues for Real Estate Owners and Operators

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As the economic and social impacts of COVID-19 continue to grow, the costs and consequences of an interruption of a party's ability to operate its business or fulfill its contractual obligations are rising rapidly. Many...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Chemical Safety Board’s Accidental Release Reporting Rule Published in Federal Register

On February 21, 2020, the U.S. Chemical Safety Board’s Accidental Release Reporting Rule was published in the Federal Register. It becomes effective on March 23, 2020. - Facilities must report accidental releases to the...more

Holland & Hart LLP

Chemical Safety Board to Require Reporting of Significant Accidental Releases

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On February 5, 2020, the U.S. Chemical Safety & Hazard Investigation Board (“CSB”) announced a new rule that will require owners and operators of stationary sources to report certain unanticipated emissions of regulated or...more

Harris Beach PLLC

NYSDEC Issues Revised General Permit for Stormwater Discharges from Construction Activity

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On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity...more

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