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
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
5/20/2021
/ ABC Test ,
Appeals ,
Biden Administration ,
California ,
Commercial Truck Drivers ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
FMCSA ,
Independent Contractors ,
Motor Carriers ,
Rest and Meal Break ,
State and Local Government ,
Trucking Industry
The anticipated decision by the U.S. Court of Appeals for the Ninth Circuit in Teamsters v. FMCSA dealing with federal preemption of California meal and rest breaks for motor carriers, highlighted in a previous Transportation...more
In December 2020 when this blog series was planned, national attention had turned from developing a COVID-19 vaccine to distributing it. The expectation was that this blog would focus on the successes and logistical...more
The Federal Motor Carrier Safety Administration (FMCSA) has expanded and extended its Emergency Declaration through May 15, 2020, or until the COVID-19 national emergency declaration from the president of the United States is...more
The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency declaration that exempts motor carriers and drivers from federal regulations located at 49 CFR § 390.23, which includes the hours of service...more
In California Trucking Association, et al. v. Xavier Becerra, et al.,1 U.S. District Court Judge Roger T. Benitez issued a preliminary injunction on Jan. 16, 2020, enjoining the State of California from enforcing the ABC test...more
1/20/2020
/ ABC Test ,
Borello Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
New Legislation ,
Popular ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trucking Industry
As an update to our Jan. 7, 2020, post regarding California Assembly Bill 5 (AB-5), on Jan. 13, 2020, U.S. District Judge Roger T. Benitez of the Southern District of California heard two hours of oral argument on the motion...more
In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more
2/5/2018
/ Aviation Industry ,
Browning-Ferris Industries of California Inc. ,
Coal Industry ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
FMCSA ,
Independent Contractors ,
Infrastructure ,
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Mexico ,
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NAFTA ,
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NLRA ,
NLRB ,
Proposed Rules ,
Public Private Partnerships (P3s) ,
Railroads ,
TIFIA ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour ,
WIFIA
In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more
5/2/2017
/ Antitrust Investigations ,
Coal ,
Commercial Truck Drivers ,
Department of Justice (DOJ) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Trade Commission (FTC) ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Independent Contractors ,
Infrastructure ,
Maritime Transport ,
Mexico ,
Motor Carriers ,
NAFTA ,
NHTSA ,
Railroads ,
Safety Standards ,
Transportation Industry ,
Trump Administration
A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more
1/18/2017
/ Department of Labor (DOL) ,
DLSE ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Joint Employers ,
Misclassification ,
Motor Carriers ,
NLRB ,
Preemption ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour