Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more
1/16/2025
/ Commercial Truck Drivers ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Labor Reform ,
Loper Bright Enterprises v Raimondo ,
Misclassification ,
Multi-Factor Test ,
Regulatory Agenda ,
SCOTUS ,
State Labor Laws ,
Transportation Industry ,
Trump Administration
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
In December 2020 when this blog series was planned, national attention had turned from developing a COVID-19 vaccine to distributing it. The expectation was that this blog would focus on the successes and logistical...more
The Federal Motor Carrier Safety Administration (FMCSA) has expanded and extended its Emergency Declaration through May 15, 2020, or until the COVID-19 national emergency declaration from the president of the United States is...more
In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more
4/1/2019
/ Appeals ,
Arbitration ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Federal Arbitration Act ,
GrubHub ,
Independent Contractors ,
Interstate Commerce ,
Misclassification ,
Putative Class Actions ,
Transportation Industry
On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more
• The California Supreme Court's widely anticipated decision in Dynamex Operations West, Inc. v. Superior Court sets a new standard for determining employee versus independent contractor status for purposes of California Wage...more
5/2/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
IWC ,
Labor Code ,
Misclassification ,
Transportation Industry ,
Wage and Hour ,
Wage Orders
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
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
2/5/2018
/ Aviation Industry ,
Browning-Ferris Industries of California Inc. ,
Coal Industry ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
FMCSA ,
Independent Contractors ,
Infrastructure ,
Joint Employers ,
Logging ,
Mexico ,
Mining ,
Motor Carriers ,
NAFTA ,
NHTSA ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Private Partnerships (P3s) ,
Railroads ,
TIFIA ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour ,
WIFIA
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
A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more
1/18/2017
/ Department of Labor (DOL) ,
DLSE ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Joint Employers ,
Misclassification ,
Motor Carriers ,
NLRB ,
Preemption ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour