News & Analysis as of

Trucking Industry Class Action Fair Labor Standards Act (FLSA)

Fox Rothschild LLP

Doctrine Of Practical Continuity Tested Again In Case Involving FLSA Motor Carrier Exemption

Fox Rothschild LLP on

I have always been interested in the Motor Carrier Act (MCA) exemption of the Fair Labor Standards Act, 29 USC 213(b)(1), especially in the doctrine of “practical continuity” which is one of the ways that interstate commerce...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

Jackson Lewis P.C. on

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

ArentFox Schiff

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry

ArentFox Schiff on

The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification. In particular, as state legislatures...more

Bradley Arant Boult Cummings LLP

It’s What I Said Before: DOL’s Opinion Reversal Does Not Sway Arkansas Federal Court

When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more

FordHarrison

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

FordHarrison on

Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

Locke Lord LLP

January 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Genova Burns LLC

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

Genova Burns LLC on

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Troutman Pepper

November 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Troutman Pepper

August 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

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

Benesch

InterConnect FLASH! No. 55 - Disruptors Continue to Create Challenges for the Independent Contractor Business Model

Benesch on

Disruptors Continue to Create Challenges for the Independent Contractor Business Model - Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible...more

Troutman Pepper

June 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more

Troutman Pepper

April 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

Troutman Pepper

March 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

Troutman Pepper

December 2014 Independent Contractor Compliance and Misclassification Update

Troutman Pepper on

SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more

Troutman Pepper

November 2014 Independent Contractor Compliance and Misclassification Update

Troutman Pepper on

This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more

BakerHostetler

Arizona District Court Rejects Joint Employer Arguments in Independent Contractor Case Alleging Misclassification of Truck Drivers

BakerHostetler on

A month ago we discussed the Ninth Circuit’s decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the employer treated its delivery drivers as employees in everything but name,...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2014 #3

Employers Win, Lose in Latest California Supreme Court Opinion on Arbitration - Why it matters: The California Supreme Court continued its complicated relationship with employment agreements and arbitration on June 23...more

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