The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more
4/11/2025
/ Americans with Disabilities Act (ADA) ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Flexible Work Arrangements ,
Human Resources Professionals ,
Payroll Records ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the California Attorney...more
4/4/2025
/ Biden Administration ,
California ,
Commercial Truck Drivers ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
FMCSA ,
Preemption ,
Rest and Meal Break ,
State Labor Laws ,
Trucking Industry ,
Trump Administration ,
Wage and Hour ,
Waivers ,
Washington
Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more
1/12/2024
/ Comment Period ,
Commercial Truck Drivers ,
Drivers ,
Employer Liability Issues ,
Federal Labor Laws ,
Federal v State Law Application ,
FMCSA ,
Preemption ,
Public Comment ,
Rest and Meal Break ,
Shipping ,
State Labor Laws ,
Wage and Hour ,
Waivers
Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more
8/22/2023
/ Biden Administration ,
California ,
Federal Labor Laws ,
FMCSA ,
Interstate Commerce ,
Labor Reform ,
Preemption ,
Regulatory Agenda ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Waivers ,
Washington
Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5 against interstate motor carriers. Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the...more
Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned whether California courts...more
Seyfarth Synopsis: The emergency leave provided by Congress in March 2020 at the beginning of the COVID-19 pandemic is starting to run out for many employees whose children’s schools are still closed. Employers and employees...more
10/23/2020
/ Coronavirus/COVID-19 ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Flexible Work Arrangements ,
Local Ordinance ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
State Labor Laws ,
Trump Administration
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
Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.
California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more