The Chartwell Chronicles: Trucking
Case In Point: Recent Developments in Employment Law
The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more
On January 10, 2024 the U.S. Department of Labor (DOL) published a final rule (29 CFR 795) revising the DOL’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more
This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more
On January 20, 2021, the Biden administration issued a regulatory freeze memorandum requesting that executive departments and agencies delay the effective date of any non-emergency rule published but that had not yet become...more
Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more
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