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....
Originally published in CCJ on February 25, 2020. Republished with permission. All rights reserved. This is the first 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....
California Superior Court Rules That AB 5 is Preempted by Federal Law as Applied to Independent Owner Operators On January 8, 2020, Los Angeles County Superior Court Judge William Highberger issued an opinion concluding that the Dynamex “ABC Test” set forth in Dynamex...
“… How does the legal system adapt to new technologies? … Perhaps the most critical aspect of building the legal framework for AVs [autonomous vehicles] is for AVs to develop a clear and well understood projection of their “reasonable behavior.” Once this AV “persona”...
In case you missed it, the FMCSA now maintains a central database of records of all drug and alcohol program violations, the Drug and Alcohol Clearinghouse. Employers are required to search the system to determine whether current and prospective CDL and CLP drivers...
On January 6, 2020, the next phase of the regulations controlling the creation and participation requirements for the FMCSA Drug and Alcohol Clearinghouse will go into effect. These regulations will impose new requirements on different players in the transportation...
On December 3, 2019, a Florida appeals court rejected a novel theory that would have held a motor carrier fully liable for the negligent acts of an independent repair facility. In dismissing the theory that a motor carrier owes a nondelegable duty for the negligent...
I. Florida’s ELD Mandate Florida’s requirement for electronic logging devices (ELDs) takes effect next month. The new ELD requirement, as laid out in Section 316.302(1)(b) Florida Statutes, will now require commercial drivers of commercial vehicles that operate...
Federal Jury Awards CRST $15.5 million after ruling Swift intentionally interfered with driver employment contracts Transportation companies are in constant competition to hire and retain a limited pool of qualified drivers. With low supply and high demand, it may be...
Just when we thought “full steam ahead” for arbitration clauses in employment contracts, stemming from the U.S. Supreme Court’s loyal adherence to the Federal Arbitration Act (“FAA”) in Epic Systems Corp. v. Lewis, the brakes seem to have slammed on again. In January, the Supreme Court held in New Prime v. Oliveira, that the FAA does have some limitations. The earlier Epic Systems decision was seen by many as a business-friendly ruling, giving employers even greater ability to enforce arbitration agreements with their employees.
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