In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the California Attorney...more
4/4/2025
/ Biden Administration ,
California ,
Commercial Truck Drivers ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
FMCSA ,
Preemption ,
Rest and Meal Break ,
State Labor Laws ,
Trucking Industry ,
Trump Administration ,
Wage and Hour ,
Waivers ,
Washington
Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more
1/12/2024
/ Comment Period ,
Commercial Truck Drivers ,
Drivers ,
Employer Liability Issues ,
Federal Labor Laws ,
Federal v State Law Application ,
FMCSA ,
Preemption ,
Public Comment ,
Rest and Meal Break ,
Shipping ,
State Labor Laws ,
Wage and Hour ,
Waivers
Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more
11/17/2023
/ California ,
Commercial Truck Drivers ,
Employees ,
FMSCA ,
Labor Commissioners ,
Preemption ,
Rest and Meal Break ,
State and Local Government ,
State Attorneys General ,
Wage and Hour ,
Waivers
Seyfarth Synopsis: Effective April 8, 2020, the Federal Motor Carrier Safety Administration (“FMCSA”) extended an emergency rule suspending “Hours of Service” rules that generally limit the number of hours certain truck...more
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more
1/20/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motion to Dismiss ,
Motion To Enjoin ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Teamsters ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more
1/13/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more
1/6/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Injunctive Relief ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
State and Local Government ,
State Labor Laws ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned what deference courts would...more
Seyfarth Synopsis: Arbitration of employment claims continues to be a hot topic at the Supreme Court. In a unanimous 8-0 decision (Justice Kavanaugh recused), the Supreme Court ruled in New Prime Inc. v. Oliveira...more
1/17/2019
/ 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