At the request of the 9th Circuit, the California Supreme Court recently clarified the definition of “hours worked” under the Labor Code. In Huerta v. CSI Electrical Contractors, the employees worked at a solar power...more
In Huerta v. CSI Electrical Contractors, Case No. S275431 (Mar. 25, 2024), the California Supreme Court made several holdings relating to when non-exempt employees must be paid, including for time spent undergoing mandatory...more
On March 25, 2024, the California Supreme Court issued its opinion in Huerta v. CSI Electrical Contractors, Case No. S275431, providing additional guidance on compensable “hours worked” under California law. In a class...more
The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more
The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor...more
Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA), an agency of the Department of Transportation (DOT), today published a notice of proposed rulemaking (NPRM) (FMCSA–2022–0028), that would maintain...more
In 2019, the federal Department of Transportation (DOT) issued final regulations that changed requirements for commercial motor vehicle drivers’ rest and break times. The new rules said that if a driver was behind the wheel...more
Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of criteria. As explained in the federal regulations (29 CFR 785.17) “an...more
Seyfarth Synopsis: The Ninth Circuit Court of Appeals once again has asked the California Supreme Court for assistance in determining important questions of California law. Last week, the Ninth Circuit certified three...more
The Energy Marketers of America (“EMA”) announced in a November 29th publication that the Federal Motor Carrier Safety Administration (“FMCSA”) has extended the nationwide hours of service (“HOS”) COVID-19 waiver through...more
The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...more
After a decade of ups and downs on the question of federal preemption, the Ninth Circuit Court of Appeals has upheld the Federal Motor Carrier Safety Administration’s (“FMSCA”) decision to preempt California’s meal and rest...more
The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more
Many employers are venturing into uncharted waters as significant numbers of employees are being rehired or returning from extended leaves of absence (e.g., furloughed employees). In this environment, it can be easy to...more
The Federal Motor Carrier Safety Administration recently released a Final Rule on Hours of Service Drivers, revising its current regulations to provide drivers with more flexibility. By expanding existing exceptions and...more
The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure. Now, as states and businesses...more
On March 24, 2020, the Massachusetts Department of Public Health (DPH) issued a Public Health Advisory which directs individuals over the aged 70 and those with underlying health conditions to stay at home, and requires all...more
On March 18, 2020, the U.S. Department of Transportation’s Federal Motor Carrier and Safety Administration (FMCSA) issued an Expanded Emergency Declaration broadening federal exemptions from compliance with certain driver...more
The Federal Motor Carrier Safety Administration on March 13, 2020 issued an Emergency Declaration that provides relief from the hours-of-service regulations found in Parts 390 through 399 of the Federal Motor Carrier Safety...more
Commercial Establishments in Karnataka Permitted to Remain Open 24/7, for Three Years - New Order or Decree - On October 11, 2019, the State Government of Karnataka has issued a notification permitting shops and...more
The trucking industry is closely tied to the automotive industry. The trucking industry transports vast quantities of raw materials for use by automotive companies in their manufacturing, and is also a significant consumer...more
There are federal regulations in place for truck safety, but they can’t prevent tragic accidents. Legislation related to the trucking industry is implemented and enforced by three major agencies of the U.S. Department of...more
In response to complaints from the trucking industry, on August 14 the federal Department of Transportation proposed new rules that would give drivers and motor carriers significantly more flexibility in scheduling driving...more
The Federal Motor Carrier Safety Administration (FMCSA) has announced a notice of proposed rulemaking, which if made final would allow drivers a bit more flexibility in complying with hours of service requirements. This...more
On August 14, 2019, the Department of Transportation announced proposed changes that have been in the works for the last couple of years – changes which will hopefully empower (rather than constrain) commercial drivers for...more