News & Analysis as of

Wage and Hour Department of Labor (DOL) Commercial Truck Drivers

Amundsen Davis LLC

Federal Court Invalidates Parts of the US DOL’s Davis-Bacon Act (DBA) Rule – Particularly Impacting the Transportation of Supplies...

Amundsen Davis LLC on

On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s (US DOL's) August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal...more

Benesch

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

Benesch on

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

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Rest Breaks and Workweeks

This week, we take a look at two Ninth Circuit decisions considering agencies’ interpretations of the federal laws governing the employment relationship.  In the first, the Court deferred to the Federal Motor Carrier Safety...more

Littler

DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters

Littler on

On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the...more

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

DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application

On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry...more

Bradley Arant Boult Cummings LLP

It’s What I Said Before: DOL’s Opinion Reversal Does Not Sway Arkansas Federal Court

When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more

Parker Poe Adams & Bernstein LLP

Truckers' Off-Duty Sleeping Time Not Compensable Under FLSA

Interstate truck drivers are generally exempt from the overtime requirements of the Fair Labor Standards Act. However, this statutory exemption does not apply to minimum wage obligations, and employers are therefore required...more

Bradley Arant Boult Cummings LLP

Is Sleeping Working? – DOL Issues Opinion Letter on Sleeping While on the Job

When is sleeping working? According to a recent DOL Opinion Letter, probably not when it occurs off duty in a sleeper berth of an over-the-road truck. A trucker’s job is to haul a load from Point A to Point B, which often...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL Rolls Out New Wage And Hour Opinion Letter On Truck Sleeper Berth Time

In a July 22 Opinion Letter, the Wage and Hour Division of the U.S. Department of Labor returned to a common-sense interpretation of regulations regarding “hours worked” and “compensable time” as applied to truck drivers and...more

Jackson Lewis P.C.

Truck Drivers’ Sleeper Berth Time Is Presumptively Not Compensable Under The FLSA, DOL Concludes

Jackson Lewis P.C. on

In a welcome reversal of its prior guidance, on July 22, 2019, the U.S. Department of Labor (DOL) concluded that if a truck driver, or driver’s assistant or helper, is completely relieved of duty and is provided with adequate...more

Fisher Phillips

Labor Department Says Truck Drivers Need Not Be Paid For Sleeping - 3 Things You Need To Know About Opinion Letter

Fisher Phillips on

Trucking companies will no longer need to pay their drivers for certain off-duty time, potentially including time spent sleeping in their sleeper berth units, after the Labor Department issued an opinion letter yesterday...more

FordHarrison

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

FordHarrison on

Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

Bracewell LLP

Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof

Bracewell LLP on

On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more

Benesch

DOL WAGE & HOUR DIVISION’S “ADMINISTRATOR’S INTERPRETATION” NO INDEPENDENT CONTRACTOR COUP DE GRÂCE FOR TRUCKING—JUST NEW...

Benesch on

On July 15, 2015, David Weil, Department of Labor Wage and Hour Division (the “Division” Administrator, issued the much anticipated and promised “administrator’s interpretation” (the “Memo”) on the issue of worker...more

Troutman Pepper

January 2015 Independent Contractor Compliance and Misclassification Update

Troutman Pepper on

JANITORIAL FRANCHISE COMPANY SETTLES ITS APPEAL OF $4.8 MILLION JUDGMENT IN FAVOR OF MISCLASSIFIED CUSTODIANS. Coverall North America Inc. settled the independent contractor misclassification case filed against it by a class...more

Franczek P.C.

Department of Labor, Trucking Industry Big Winners in Congress's CRomnibus Bill

Franczek P.C. on

In the run-up to the holidays, Congress rushed a Continuing Resolution (CR) to President Obama's desk entitled the Consolidated and Further Continuing Appropriations Act, 2015. The omnibus spending bill, nicknamed...more

Troutman Pepper

November 2014 Independent Contractor Compliance and Misclassification Update

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This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more

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