Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more
11/17/2023
/ California ,
Commercial Truck Drivers ,
Employees ,
FMSCA ,
Labor Commissioners ,
Preemption ,
Rest and Meal Break ,
State and Local Government ,
State Attorneys General ,
Wage and Hour ,
Waivers
Seyfarth Synopsis: On September 1, 2020, the San Francisco Board of Supervisors approved another temporary emergency ordinance, this time protecting employees, contractors, and job applicants from adverse employment action if...more
9/23/2020
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Covered Employees ,
Crisis Management ,
Employer Liability Issues ,
Infectious Diseases ,
Local Ordinance ,
Low-Wage Workers ,
Quarantine ,
San Francisco ,
Sick Employees ,
State and Local Government ,
Workplace Safety
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more
1/20/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motion to Dismiss ,
Motion To Enjoin ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Teamsters ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more
1/13/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more
1/6/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Injunctive Relief ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
State and Local Government ,
State Labor Laws ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour