By: Bryan J. Nelson, Esq. On June 15, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) issued final guidance regarding its “interpretation of the definitions of ‘broker’ and ‘bona fide agents’ as it relates to all brokers of transportation by motor...
By: Alyssa Milby, Esq. The National Labor Relations Board (“NLRB” or the “Board”) issued a pendulum-swinging decision on February 21, 2023, in McLaren Macomb (372 NLRB No. 58) overruling longstanding precedent to hold that employers may not offer employees severance...
Originally published on Freightwaves July 1, 2022. Republished with permission. All rights reserved. John L. Marchione and Kristen M.J. Johnson The U.S. Supreme Court decision not to take up the case of the California Trucking Association v. Bonta lifts the stay of...
Breaking Down Complex Law into Bite Sized Pieces On June 30, 2022, the United States Supreme Court declined to take up the Ninth Circuit’s decision in California Trucking Association v. Bonta, 996 F.3d 644 (9th Cir. 2021), setting the stage for California’s AB5 to...
The vaccine mandate rules are changing. On November 18, 2021, the federal government announced that it will not be implementing or enforcing the COVID-19 vaccine mandate. Read below for details on what you need to know. This is a change from the announcement that the...
Originally published in CCJ on October 14, 2020. Republished with permission. All rights reserved. A proposal issued recently by the Department of Labor seeks to provide clarity to both motor carriers and independent operators with regard to employment status. As...
On August 10, a California court required Uber and Lyft to treat their California drivers as employees. The August 10 order held that Uber and Lyft drivers will almost certainly be found to be employees under California Assembly Bill 5 (“AB-5”). On August 20, the...
In response to the growing impact of COVID-19’s effects on individuals and the economy, Congress has passed, and President Trump has signed into law, the Families First Coronavirus Act (H.R. 6201). The Act is aimed at providing diagnostic services and paid leave to...
Not just drivers: Dispatchers and other fleet employees can file wage claims Originally published in CCJ on March 10, 2020. Republished with permission. All rights reserved. This is the third piece in a three-part series on how fleets can protect themselves against...
Originally published in CCJ on March 3, 2020. Republished with permission. All rights reserved. This is the second piece in a three-part series on how fleets can protect themselves against wage and hour law claims brought by private or government-backed litigation....
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