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Transportation Industry Independent Contractors Wage and Hour

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...

Fox Rothschild LLP on

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

A Powerful “One-Two” Punch: NLRB and DOL Signal Contractor Classification Crackdown

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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

Fisher Phillips

California Voters May Get Chance To Overturn ABC Test For Gig Drivers

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When California’s AB 5 was signed into law last month, a chorus of voices decried the fact that it could radically change the gig economy as we know it. Many contended that the average app-based driver enjoyed being an...more

Benesch

InterConnect FLASH! No 75 - Gov. Signs Bill Expanding Stranglehold on IC’s in CA: What Now in California?

Benesch on

California Gov. Gavin Newsom signed the recently passed Assembly Bill 5 (“AB-5”) codifying the Dynamex decision relating to the classification of independent contractors/employees in California and further “clarifying the...more

Benesch

InterConnect FLASH! No 74 - Transportation Worker Arbitration: It May Not Be Bullet-Proof, But It’s Like Chicken Soup (can’t hurt;...

Benesch on

Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective...more

Seyfarth Shaw LLP

Full Steam Ahead on Arbitration Says NJ Appellate Court

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Seyfarth Synopsis: Earlier this year, in New Prime, the Supreme Court decisively held that the Federal Arbitration Act’s § 1 exemption for transportation workers engaged in foreign or interstate commerce applied to...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Buckingham, Doolittle & Burroughs, LLC

Federal Arbitration as an Alternative to Litigation Does Not Apply to Transportation Workers

Last week, employees received a rare victory that punches a sizable hole in previous laws that supported allowing arbitration in place of litigation. Recently, a unanimous Supreme Court determined that the regulation does not...more

FordHarrison

New York City Enacts Mandatory Minimum Wage for App-Hail Drivers

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On December 4, 2018, the New York City Taxi and Limousine Commission (TLC) adopted rules mandating a minimum wage for app-hailed drivers....more

Bradley Arant Boult Cummings LLP

Drivers on the Go Say No to Arbitration in Wage Lawsuit - Labor & Employment Newsletter

Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more

Fisher Phillips

NYC Regulates Ride-Sharing Businesses With Minimum Wage Base And License Limits

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We’ve been asking for increased regulation of the gig economy, and we got it – just not the kind of regulation businesses were hoping for. While gig businesses are craving a modern regulatory approach to misclassification...more

FordHarrison

New York City Considering Mandatory Minimum Wage for App-Hail Drivers

FordHarrison on

The introduction of ride-hailing apps has upended the taxi and for-hire car industry in New York City. What began with a promise of independence and wealth for drivers has actually pushed more into dire financial straits, as...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Holland & Knight LLP

California Supreme Court Upends Independent Contractor Test for Wage Claims

Holland & Knight LLP on

• The California Supreme Court's widely anticipated decision in Dynamex Operations West, Inc. v. Superior Court sets a new standard for determining employee versus independent contractor status for purposes of California Wage...more

Fisher Phillips

Contractor Apocalypse: California Supreme Court Adopts Broad New Misclassification Test

Fisher Phillips on

In a groundbreaking decision, the California Supreme Court adopted a new legal standard yesterday that will make it much more difficult for businesses to classify workers as independent contractors, drastically changing the...more

Troutman Pepper

Judge Holds UberBLACK Drivers Are Independent Contractors, Not Employees

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On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or independent...more

Holland & Knight LLP

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Holland & Knight LLP on

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

Seyfarth Shaw LLP

The Federal Antitrust and Labor Law Double Bind: The Ninth Circuit Hears Oral Argument in Challenge to Seattle’s Ordinance...

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Seyfarth Synopsis: On Monday, February 5, 2018, the U.S. Chamber of Commerce’s lawsuit challenging the City of Seattle’s ordinance allowing independent-contractor drivers to engage in collective bargaining was before the U.S....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

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

Troutman Pepper

February 2017 Independent Contractor Misclassification and Compliance News Update

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Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

Holland & Knight LLP

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

Holland & Knight LLP on

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

Bowditch & Dewey

Worker Classification in Massachusetts: Uber Drives Attention to Employees vs. Contractors

Bowditch & Dewey on

Uber Technologies, Inc. continues to fight claims all over the world that it should treat drivers it matches with passengers as employees rather than independent contractors. Since the business of on-demand employment is...more

Troutman Pepper

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Benesch

InterConnect Flash No. 56 - IC Classification Claims Preempted by Federal Truth-In-Leasing Regulations

Benesch on

We first reported on the Remington v. J.B. Hunt, Inc. case last year in Flash No. 46. Based on the First Circuit Court of Appeals’ decision in Massachusetts Delivery Ass’n v. Coakley, 769 F.3d 11 (1st Cir. 2014) (“MDA”),...more

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