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Preemption FedEx

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

Massachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes

Massachusetts’s highest court recently issued a decision that impacts the ability of delivery companies operating in the commonwealth to use independent contractors in providing delivery services. In Chambers v. RDI...more

Benesch

InterConnect Flash No. 56 - IC Classification Claims Preempted by Federal Truth-In-Leasing Regulations

Benesch on

We first reported on the Remington v. J.B. Hunt, Inc. case last year in Flash No. 46. Based on the First Circuit Court of Appeals’ decision in Massachusetts Delivery Ass’n v. Coakley, 769 F.3d 11 (1st Cir. 2014) (“MDA”),...more

Mintz - Employment Viewpoints

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers...

Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts...more

Benesch

The InterConnect Flash! No. 53 - February 2016

Benesch on

2 Steps Back — First Circuit Could Have Done More for the Independent Contractor Business Model - Approximately one year ago in FLASH No. 46, we wrote about Massachusetts District Court Judge Robert G. Stearns’ industry...more

Beveridge & Diamond PC

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

Williams Mullen

Misclassified Employees Not Barred From Recovering Damages Based on Value of ERISA Plan Benefits They Should Have Been Provided:...

Williams Mullen on

A federal court has held that plaintiffs who proved they had been misclassified as independent contractors, and should have been considered employees, could recover money damages under state law based on the value of the...more

Benesch

InterConnect FLASH! No. 35 - Focusing on Solutions Rather than the Problem

Benesch on

As we flip the page on the calendar to close out the year, the title of the recent editorial in the Arkansas Trucking Report, “Good Things Come to Those Who Change,” really hit home. The editorial focused on the idea of...more

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