In January 2025, the Trump Administration will take office, and it is anticipated that President-Elect Donald J. Trump's second term will lead to significant regulatory changes generally. In his first term, President Trump...more
The Federal Motor Carrier Safety Administration (FMCSA) on Jan. 5, 2023, issued a notice of proposed rulemaking (NPRM) to implement financial security requirements on brokers and freight forwarders. The proposed changes to...more
The Federal Motor Carrier Safety Administration (FMCSA) has requested public comment on an application for exemption submitted by The Trucking Alliance that would allow trucking companies to use hair testing in addition to...more
10/4/2022
/ Commercial Truck Drivers ,
Department of Health and Human Services (HHS) ,
Drug Testing ,
Exemptions ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Hiring & Firing ,
Pre-Employment Health Screenings ,
Proposed Guidance ,
Public Comment ,
Statutory Authority ,
Trucking Industry
The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more
8/5/2022
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Economic Development ,
Employee Definition ,
Employment Litigation ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Petition for Writ of Certiorari ,
Ports ,
Preemption ,
Protests ,
State Funding ,
State Labor Laws ,
Tax Incentives ,
TRO ,
Trucking Industry
The U.S. Department of Transportation (DOT) historically has been less prone to large shifts in policy between presidential administrations. Although President Donald Trump and President-Elect Joe Biden each nominated a...more
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
9/22/2020
/ Brokers ,
Commercial Truck Drivers ,
Contract Rates ,
FMCSA ,
Independent Drivers Guild ,
Motor Carriers ,
Owner-Operators ,
Public Comment ,
Rulemaking Process ,
Transaction Monitoring ,
Transportation Brokerage ,
Transportation Industry ,
Trucking Industry ,
Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has published its long-awaited final rule on changes to hours of service requirements in a move intended to increase flexibility for truck drivers and motor carriers....more
California Assembly Bill 5 (AB-5), a law aimed at classifying most workers as employees rather than independent contractors, went into effect Jan. 1, 2020. However, the day before the law took effect, U.S. District Judge...more
1/8/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Preemption ,
State Labor Laws ,
Trucking Industry
The Federal Motor Carrier Safety Administration (FMCSA) has announced a notice of proposed rulemaking, which if made final would allow drivers a bit more flexibility in complying with hours of service requirements. This...more
• The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry.
• The Court held that a court –...more
1/18/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute over the applicability of the Federal...more
1/16/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
The Federal Motor Carrier Safety Administration (FMCSA) granted tank truck drivers an exemption from the 30-minute break requirement in the hours of service regulations, which became effective April 9, 2018. 83 FR 15221 (Apr....more
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
3/2/2018
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Commercial Truck Drivers ,
Discovery ,
Employee Training ,
Employment Contract ,
Federal Arbitration Act ,
Federal Aviation Administration (FAA) ,
Independent Contractors ,
Misclassification ,
Motion to Dismiss ,
Split of Authority ,
Transportation Contracts ,
Transportation Industry ,
Wage and Hour
Los principales grupos de la industria de transportes de carga están presionando al Representante de Comercio de los Estados Unidos respecto del programa existente que permite que los camiones de carga mexicanos operen en...more
10/27/2017
/ Commercial Truck Drivers ,
Cross-Border Transactions ,
Federal Pilot Programs ,
FMSCA ,
Foreign Trade Regulations ,
Mexico ,
NAFTA ,
Shipping Cargo ,
Trade Retaliation ,
Trucking Industry ,
Trucking Regulations
Major industry groups are lobbying the U.S. Trade Representative with respect to existing program that allows Mexican trucks to operate in the U.S under NAFTA. It is unclear what the cost to the U.S. would be if it were to...more
10/27/2017
/ Commercial Truck Drivers ,
Cross-Border Transactions ,
Federal Pilot Programs ,
FMCSA ,
Foreign Trade Regulations ,
Mexico ,
NAFTA ,
Shipping Cargo ,
Trade Retaliation ,
Trucking Industry ,
Trucking Regulations
In an earlier article (see Holland & Knight's alert, "Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?," Jan. 13, 2017), we described the controversial final Electronic Logging Device (ELD) rule,...more
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
5/2/2017
/ Antitrust Investigations ,
Coal ,
Commercial Truck Drivers ,
Department of Justice (DOJ) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Trade Commission (FTC) ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Independent Contractors ,
Infrastructure ,
Maritime Transport ,
Mexico ,
Motor Carriers ,
NAFTA ,
NHTSA ,
Railroads ,
Safety Standards ,
Transportation Industry ,
Trump Administration
Freight carriers of all modes – rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its...more
1/19/2017
/ Commercial Truck Drivers ,
Delivery Drivers ,
FMCSA ,
Freight Forwarding ,
Motor Carriers ,
Railroads ,
Railways ,
Regulatory Standards ,
Shipping Cargo ,
Trucking Industry ,
Trump Administration
The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more
1/16/2017
/ Appeals ,
Commercial Truck Drivers ,
Data Collection ,
Data-Sharing ,
Final Rules ,
FMCSA ,
Fourth Amendment ,
Infrastructure ,
MAP-21 ,
Regulatory Oversight ,
Search & Seizure ,
Technology ,
Trucking Accident ,
Trucking Industry ,
Trucking Regulations ,
Trump Administration