The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more
4/17/2024
/ Arbitration ,
Arbitration Agreements ,
Bissonnette v LePage Bakeries Park St LLC ,
Cross-Border ,
Delivery Drivers ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Interstate Commerce ,
Misclassification ,
SCOTUS ,
Transportation Industry
The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more
2/21/2024
/ Arbitration ,
Contract Terms ,
Delivery Drivers ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Arbitration Act ,
Food Service Workers ,
Interstate Commerce ,
Mandatory Arbitration Clauses ,
Oral Argument ,
Retail Workers ,
SCOTUS ,
Southwest Airlines ,
Transportation Industry
The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new...more
1/10/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
As we look toward the new year, a new chapter will be written by the U.S. Supreme Court regarding the scope of the exemption under Section 1 of the Federal Arbitration Act (FAA), for "contracts of employment of seamen,...more
The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The proposed rule, published...more
One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of...more
8/16/2022
/ Appeals ,
Arbitration ,
Delivery Drivers ,
Employment Litigation ,
Exemptions ,
Federal Arbitration Act ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Interstate Commerce ,
Transportation 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
As predicted in a previous Holland & Knight Transportation Blog post (see "Another Shift on Joint Employment and Independent Contractors," Jan. 12, 2021), the Biden Administration's rollback of the business-friendly...more
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
Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more
1/12/2021
/ ABC Test ,
Biden Administration ,
Browning-Ferris Industries of California Inc. ,
CA Supreme Court ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
FMCSA ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Obama Administration ,
Trucking Industry ,
Trump Administration ,
Unions
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
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
California Assembly Bill 5 (AB-5), a law aimed at classifying most workers as employees rather than independent contractors, went into effect Jan. 1, 2020. However, the day before the law took effect, U.S. District Judge...more
1/8/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Preemption ,
State Labor Laws ,
Trucking Industry
Labor and Employment attorneys Linda Auerbach Allderdice and Michael Maroney break down independent contractor misclassification in the transportation industry. They explain that if you are doing business in Massachusetts,...more
In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more
4/1/2019
/ Appeals ,
Arbitration ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Federal Arbitration Act ,
GrubHub ,
Independent Contractors ,
Interstate Commerce ,
Misclassification ,
Putative Class Actions ,
Transportation Industry
• The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry.
• The Court held that a court –...more
1/18/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute over the applicability of the Federal...more
1/16/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more
On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more
3/2/2018
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Commercial Truck Drivers ,
Discovery ,
Employee Training ,
Employment Contract ,
Federal Arbitration Act ,
Federal Aviation Administration (FAA) ,
Independent Contractors ,
Misclassification ,
Motion to Dismiss ,
Split of Authority ,
Transportation Contracts ,
Transportation Industry ,
Wage and Hour
Independent contractor misclassification claims have been percolating through the courts for years. Some were swept away by a wave of federal preemption, which has subsided. Others found their way to the summary judgment...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 ,
Joint Employers ,
Logging ,
Mexico ,
Mining ,
Motor Carriers ,
NAFTA ,
NHTSA ,
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
Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given...more
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