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Independent Contractors Motor Carriers

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

Benesch on

Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Fox Rothschild LLP

In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier...

Fox Rothschild LLP on

In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary line. The Judge did not listen. In a...more

Benesch

Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge

Benesch on

As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more

Holland & Knight LLP

Trucker Protest Over California Independent Contractor Law Shuts Down Port of Oakland

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The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more

Fisher Phillips

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

Fisher Phillips on

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

Jackson Lewis P.C. on

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

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

Benesch on

Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Flaster Greenberg PC

To Hire or Not to Hire: A Difficult Question Made Easier to Answer Courtesy of the Eighth Circuit’s Ruling in CRST v. Swift

Flaster Greenberg PC on

The trucking industry is experiencing an unprecedented driver shortage. The American Trucking Associations estimates that the industry is short a record 80,000 drivers, a figure that is currently projected to double by 2030....more

Jackson Lewis P.C.

The California Trucking Association Petitions U.S. Supreme Court Over AB 5

Jackson Lewis P.C. on

In April, 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). The panel found the...more

Benesch

Technology and Data Privacy Implications for Driver Relationships

Benesch on

It is no surprise that technology is driving change in the motor carrier industry. In fact, we are observing a perfect trifecta of challenges as technology and carrier business converge. ...more

Weber Gallagher Simpson Stapleton Fires &...

Will an Out of State Contract Bind the Parties in New Jersey to the Laws of Another State?

In Bruno L. Moraes v. Supreme Auto Transport, No. A-0702-20 (App. Div. June 4, 2021) the Appellate Division held in an unpublished decision that the Claim Petition was inappropriately granted without further consideration of...more

Holland & Knight LLP

Update on Key Issues for Motor Carriers Involving Independent Contractors

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This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more

Locke Lord LLP

Ride-Sharing Industry Prevails, While Trucking Industry has More Legal Work to do: April 2021 News Update

Locke Lord LLP on

April 2021 was a meaningful month for two industries that are hardly strangers to lawsuits involving the status of workers as independent contractors. A federal district court in the District of Columbia issued an extremely...more

Sherman & Howard L.L.C.

Ninth Circuit Dumps Truckers’ Challenge To California’s New Independent Contractor Test

In a previous post, we talked about California shifting gears to the so-called “ABC test” for determining whether a worker is an employee or independent contractor in a law called “AB-5.” Compared to California’s previous...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

Benesch

InterConnect FLASH! No. 82 - Disappointing Decree: Ninth Circuit Rules California’s AB5 Is Enforceable Against Motor Carriers

Benesch on

On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more

Seyfarth Shaw LLP

Ninth Circuit Applies AB 5 Against Interstate Motor Carriers

Seyfarth Shaw LLP on

Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor carriers. Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the...more

ArentFox Schiff

Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

ArentFox Schiff on

The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more

Payne & Fears

Ninth Circuit Joins California Court of Appeal in Rejecting FAAAA Preemption of AB 5 as Applied to Motor Carriers

Payne & Fears on

The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor...more

Jackson Lewis P.C.

9th Circuit Permits Enforcement Of AB 5 Against Interstate Motor Carriers

Jackson Lewis P.C. on

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

Roetzel & Andress

Not So Fast: DOL Freezes Rules That Have Not Yet Become Effective And Rescinds Opinion Letters

Roetzel & Andress on

On January 20, 2021, the Biden administration issued a regulatory freeze memorandum requesting that executive departments and agencies delay the effective date of any non-emergency rule published but that had not yet become...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

Holland & Knight LLP

Companies' Failed Request to Block Enforcement of AB 5 Signals Uphill Battle for Challengers

Holland & Knight LLP on

Another California federal judge has denied a request to block the enforcement of California Assembly Bill (AB) 5 while the lawsuit challenging the statute is pending. Specifically, in Olson, et al. v. State of California, et...more

Akin Gump Strauss Hauer & Feld LLP

Court Denies Preliminary Injunction in Uber Lawsuit Arguing that California’s AB 5 is Unconstitutional; Other Challenges Continue

- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more

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