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: 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: 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: The Northern District of California recently issued two rulings with noteworthy employment implications for commercial air carriers. The first ruling represents the first time a court has found that federal...more
7/27/2023
/ Air Carriers ,
Airlines ,
Airports ,
California ,
Employment Litigation ,
Federal Aviation Act ,
Federal Aviation Administration (FAA) ,
Labor Code ,
Pilots ,
Preemption ,
Wage and Hour
Seyfarth Synopsis: Recently, the U.S. Court of Appeals for the Fifth Circuit ruled that a crane mechanic who performed some work on a truck chassis came within the purview of the Motor Carrier Act exemption to the Fair Labor...more
Seyfarth Synopsis: The Federal Arbitration Act (“FAA”) exempts workers engaged in interstate commerce from enforcement of mandatory arbitration agreements. Uber drivers (and other drivers working in the gig economy) have...more
Seyfarth Synopsis: Recent decisions from the California Supreme Court and Ninth Circuit Court of Appeals found that at least some of California’s wage and hour laws can apply to flight crew domiciled in the Golden State if...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: Effective April 8, 2020, the Federal Motor Carrier Safety Administration (“FMCSA”) extended an emergency rule suspending “Hours of Service” rules that generally limit the number of hours certain truck...more
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: On Tuesday, the Third Circuit issued a decision rejecting the U.S. DOL’s general position that incentive bonuses paid to employees by a third-party must be factored into overtime pay. While the decision...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 what deference courts would...more
Seyfarth Synopsis: The California Supreme Court heard oral arguments Tuesday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an...more
Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, has agreed to address the legal standard for determining whether a worker classified as an independent contractor is really an...more
Seyfarth Synopsis: On May 2, 2017, the House of Representatives passed a bill amending the Fair Labor Standards Act to permit private employees to choose to take paid time off instead of monetary overtime compensation when...more