News & Analysis as of

Transportation Industry Motor Carriers Commercial Truck Drivers

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

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

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The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Benesch

International Roadcheck Is Coming Soon

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The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory...more

Chartwell Law

The Chartwell Chronicles: Trucking

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In Episode 27 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Garner Berry from our Ridgeland, MS office to discuss trucking claims. Colin, Brittany, and Garner cover a variety...more

Shumaker, Loop & Kendrick, LLP

Checklist for Booking Shipments via Brokers

With the effects of the pandemic and recession being felt through­out the transportation industry, our firm has seen an increase in claims by unpaid motor carriers against shippers and consignees for nonpayment, where the...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

Shumaker, Loop & Kendrick, LLP

Client Alert: Unpaid Motor Carrier Claims: What Shippers Can Do to Reduce the Risk of Liability When Using Third-Party Brokers

With the effects of the ongoing pandemic and ever-changing economic conditions being felt throughout the transportation industry, our firm has recently seen an increase in claims by unpaid motor carriers against shippers and...more

Holland & Knight LLP

Ninth Circuit Decides Federal Law Preempts California Meal and Rest Break Rules

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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

Holland & Knight LLP

Federal Motor Carrier Safety Administration Requests Public Comments on Broker Transparency Petitions

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The Federal Motor Carrier Safety Administration (FMCSA) requested public comments on petitions for rulemaking backed by owner-operator/small-fleet groups to address the transparency of broker rates. The notice is in response...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

Littler

Friendlier Skies in Rhode Island: Sunday & Holiday Premium Pay Law Held Preempted for Airlines

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The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay for Sunday and holidays.  This decision may allow employers in other...more

Seyfarth Shaw LLP

No Buyer? No Problem. 11th Cir. Affirms Application Of Motor Carrier Act Exemption To Intrastate Drivers Even If Final Recipient...

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Seyfarth Synopsis: The Motor Carrier Act exemption to the FLSA (“MCE”) is a powerful defense against overtime claims brought by interstate truck drivers and others involved in the interstate shipment of goods....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

Benesch

InterConnect FLASH! No. 66 - Fleet Model Withstands Misclassification Challenge in Massachusetts

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Recently, the U.S. District Court for the District of Massachusetts dismissed misclassification claims presented by an owner and his company holding that the Plaintiffs did not qualify as an ‘individual’ under Massachusetts...more

Benesch

ELD Zero-Hour is Nearing, May Lay Traps for the Unwary

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Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...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

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