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 U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new...more
1/10/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more
1/12/2021
/ ABC Test ,
Biden Administration ,
Browning-Ferris Industries of California Inc. ,
CA Supreme Court ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
FMCSA ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Obama Administration ,
Trucking Industry ,
Trump Administration ,
Unions
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