In January 2025, the Trump Administration will take office, and it is anticipated that President-Elect Donald J. Trump's second term will lead to significant regulatory changes generally. In his first term, President Trump...more
California Gov. Gavin Newsom on Sept. 29, 2024, signed California Assembly Bill 98 (AB 98) into law. This bill, which is part of California's ongoing efforts to regulate warehousing and trucking activity to reduce emissions...more
10/14/2024
/ CARB ,
Charging Stations ,
Electric Vehicles ,
Environmental Policies ,
Governor Newsom ,
New Legislation ,
Public Health ,
Solar Panels ,
Trucking Industry ,
Warehouses ,
Zero-Emission Vehicles
The Federal Motor Carrier Safety Administration (FMCSA) on Nov. 16, 2023, issued a final rule that implements financial security requirements on brokers and freight forwarders. The rule, proposed earlier this year, should...more
Freight brokers are often sued for negligence when there is cargo damage or personal injury involving a motor carrier hired by the broker. Personal injury claims in particular can involve damages in the tens and hundreds of...more
5/1/2023
/ Brokers ,
Conflicts of Laws ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Motor Carriers ,
Motor Vehicles ,
Negligence ,
Petition for Writ of Certiorari ,
Preemption ,
Shipping ,
Shipping Cargo ,
Split of Authority ,
State Law Claims
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...more
The Federal Motor Carrier Safety Administration (FMCSA) has requested public comment on an application for exemption submitted by The Trucking Alliance that would allow trucking companies to use hair testing in addition to...more
10/4/2022
/ Commercial Truck Drivers ,
Department of Health and Human Services (HHS) ,
Drug Testing ,
Exemptions ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Hiring & Firing ,
Pre-Employment Health Screenings ,
Proposed Guidance ,
Public Comment ,
Statutory Authority ,
Trucking Industry
The Federal Maritime Commission (FMC) announced on Sept. 13, 2022, that it is seeking public comment on a Notice of Proposed Rulemaking (NPRM) addressing what constitutes an unreasonable refusal to deal or negotiate with...more
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
8/5/2022
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Economic Development ,
Employee Definition ,
Employment Litigation ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Petition for Writ of Certiorari ,
Ports ,
Preemption ,
Protests ,
State Funding ,
State Labor Laws ,
Tax Incentives ,
TRO ,
Trucking Industry
Since its passage on June 16, 2022, the shipping industry is understandably focused on the implications of the Ocean Shipping Reform Act of 2022 (OSRA) (Pub. Law No. 117-146, 2022 Enacted S. 3580), and the rulemakings that...more
Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more