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Independent Contractors Motor Carriers Transportation Industry

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

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Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

Fox Rothschild LLP

In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier...

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In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary line. The Judge did not listen. In a...more

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

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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

Weber Gallagher Simpson Stapleton Fires &...

Will an Out of State Contract Bind the Parties in New Jersey to the Laws of Another State?

In Bruno L. Moraes v. Supreme Auto Transport, No. A-0702-20 (App. Div. June 4, 2021) the Appellate Division held in an unpublished decision that the Claim Petition was inappropriately granted without further consideration of...more

Benesch

InterConnect FLASH! No 77: California AB5 Litigation Update - The TRO is Extended

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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

Epstein Becker & Green

Federal Court Issues Eleventh-Hour TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for...

On January 1, 2020, California’s new independent contractor statute, known as AB 5, went into effect.  The law codifies the use of an “ABC” test to determine if an individual may be classified as an independent contractor....more

Benesch

InterConnect FLASH! No 76 - Federal Court Temporarily Enjoins Enforcement of AB5 Against California Motor Carriers

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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

Fisher Phillips

Am I My Brother’s Keeper? New California Law Says If You Do Business With a Port Trucking Company Then, “Yes You Are!”

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On September 22, Governor Brown signed SB 1402, a bill that establishes joint and several liability for customers who contract with or use port drayage motor carriers who have unpaid wage, tax and workers’ compensation...more

Benesch

Red Sky in Morning, Shippers Take Warning: California’s Dignity in the Driver’s Seat Bill

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What’s Happening?: Potential Joint Liability for Drayage Carrier Customers - California retailers and shippers beware. In another move by California lawmakers to deter companies from classifying truck drivers as...more

Holland & Knight LLP

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

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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

Holland & Knight LLP

Transportation Developments in the Trump Administration's First 100 Days

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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

Holland & Knight LLP

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

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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

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