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
3/18/2024
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
State Labor Laws ,
Teamsters ,
Trucking Industry ,
Wage and Hour
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
6/30/2022
/ ABC Test ,
B2B Organizations ,
Commercial Truck Drivers ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
Supply Chain ,
Transportation Industry ,
Trucking Industry
The transportation and logistics industry has been widely anticipating a decision from the U.S. Supreme Court as to whether or not it will accept for review two very significant cases involving the scope of the Federal...more
6/27/2022
/ ABC Test ,
Brokers ,
Common Carriers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Independent Contractors ,
Logistics ,
Petition for Writ of Certiorari ,
Preemption ,
SCOTUS ,
Transportation Industry ,
Trucking Industry
Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more
2/11/2022
/ Commercial Truck Drivers ,
Data-Sharing ,
Department of Labor (DOL) ,
Enforcement Priorities ,
Independent Contractors ,
Memorandum of Understanding ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Public Comment ,
Transportation Industry ,
Wage and Hour
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
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
In November 2020, a California state appeals court ruled in People of the State of California v. Superior Court of Los Angeles County and Cal Cartage Transportation Express, LLC that the Federal Aviation Administration...more
12/14/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Labor Regulations ,
Preemption ,
State Labor Laws ,
Trucking Industry
On January 16, 2020, finding that “California runs off the road and into the preemption ditch,” Judge Roger Benitez of the United States District Court for the Southern District of California issued his decision granting a...more
1/17/2020
/ ABC Test ,
Borello Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
Yesterday, on January 13, 2020, Judge Benitez of the United States District Court for the Southern District of California extended the temporary restraining order previously entered in the litigation brought by the California...more
1/14/2020
/ Business Model ,
Commercial Truck Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Owner-Operators ,
Preliminary Injunctions ,
Time Extensions ,
Transportation Industry ,
TRO ,
Trucking Industry
Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more
1/2/2020
/ ABC Test ,
Commerce Clause ,
Commercial Truck Drivers ,
Dormant Commerce Clause ,
Employee Definition ,
Employment Contract ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
Transportation Industry ,
TRO ,
Trucking Industry
The Ohio Trucking Association successfully led and won the fight to enact House Bill 62 (the “Bill”) in an effort to assist its members in standardizing the administrative processes that burden motor carriers using...more
On January 15, 2019, in a very disappointing decision for the trucking industry regarding the application of arbitration provisions in motor carrier-independent contractor service agreements, the U.S. Supreme Court...more
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/27/2015
/ Commercial General Liability Policies ,
Commercial Truck Drivers ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Maritime Transport ,
Motor Carrier Act ,
Motor Carriers ,
Shipping Cargo ,
Trucking Industry ,
Wage and Hour ,
Waterborne Freight Transportation
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/5/2015
/ Brokers ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Admiralty Law ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Infrastructure ,
Misclassification ,
Motor Carriers ,
Trucking Industry