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Employer Liability Issues Employment Litigation Commercial Truck Drivers

Benesch

The Devil You Don’t Know - Might Not Be So Bad! Good News for Driver Credit and Background Checks

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In this era of driver and employee shortages, employers of all kinds -  motor - carriers, freight intermediaries and shippers, should be aware of a byzantine array of federal statutes that could confer liability upon them,...more

Sands Anderson PC

Garbage Collector Loses Sovereign Immunity Because Accident Happened During Mere “Normal Driving”

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Picking up trash is one of those unglamorous but essential government functions that we take for granted right up until a couple pick-ups in a row are missed.  In those moments we all learn just how essential it is that the...more

Seyfarth Shaw LLP

What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work?

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Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Fisher Phillips

Another Win For California Truckers In AB-5 Fight…But Gig Economy Still Awaits Misclassification Ruling

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Wednesday, January 8th, saw a state court conclude that California’s controversial new misclassification law doesn’t apply to truck drivers, the second time in the last few weeks that a judge has come down hard on AB-5 for...more

Seyfarth Shaw LLP

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

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Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more

Seyfarth Shaw LLP

Effective Remedial Action Does Not Require Crystal Ball, Rules Iowa Court

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Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Delivers Trucking Company a Meal/Rest Break Win and Limits the Application of the ABC Test

The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for...more

Seyfarth Shaw LLP

No Buyer? No Problem. 11th Cir. Affirms Application Of Motor Carrier Act Exemption To Intrastate Drivers Even If Final Recipient...

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Seyfarth Synopsis: The Motor Carrier Act exemption to the FLSA (“MCE”) is a powerful defense against overtime claims brought by interstate truck drivers and others involved in the interstate shipment of goods....more

McNees Wallace & Nurick LLC

Enforcement Of Inividual Arbitration Agreements – Supreme Court Takes Two Steps Forward And One Step Back

Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to...more

Littler

Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

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Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,...more

Littler

Third Circuit Finds FAAAA Does Not Preempt New Jersey ABC Test

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In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeals held that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting...more

Benesch

InterConnect FLASH! No. 66 - Fleet Model Withstands Misclassification Challenge in Massachusetts

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Recently, the U.S. District Court for the District of Massachusetts dismissed misclassification claims presented by an owner and his company holding that the Plaintiffs did not qualify as an ‘individual’ under Massachusetts...more

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