News & Analysis as of

Transportation Industry Corporate Counsel

Benesch

OSHA to Increase Inspections in the Warehousing, Transportation and Healthcare Industries

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The Occupational Safety and Health Administration (OSHA) recently updated the industries it will focus on, increasing the likelihood of on-site inspections for employers in the warehousing, transportation, and healthcare...more

Amundsen Davis LLC

The American Rescue Plan Act Of 2021: What’s In It For Employers?

Amundsen Davis LLC on

Almost one year after the enactment of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), and with the second extension of pandemic unemployment assistance about to expire for millions of workers on March...more

Lathrop GPM

Relief Is On the Way: The Second COVID-19 Relief Bill and What You Need to Know

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Just before midnight on December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 (the “Act”), a nearly 5,500 page stimulus bill allocating roughly $900 billon of much needed relief to United States...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Rules Amazon Drivers Fall Within FAA’s Transportation Worker Exemption

On August 19, the Ninth Circuit delivered the latest guidance in the long-running debate over the Federal Arbitration Act’s (FAA) scope. It held that Amazon delivery drivers can move forward with a nationwide class action —...more

BakerHostetler

Another Court Rules on When Ride-Sharing Drivers Are Exempt From Arbitration

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In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for enforcing arbitration agreements involving transportation workers. Or, stated...more

Sheppard Mullin Richter & Hampton LLP

EU is Taking Action: The Fight for Clean Air

Public awareness regarding air pollution in the European Union is at an all-time high and citizens expect authorities to act. In this vein, the European Commission has recently taken a number of direct and indirect actions,...more

McDermott Will & Schulte

Bigger Is Better . . . Or Maybe Not: The Siemens/Alstom Railway Merger

The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the...more

Holland & Knight LLP

The Impact of the Partial Government Shutdown on the Department of Homeland Security (DHS)

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No cabinet department stands more in the center of the federal shutdown drama than the Department of Homeland Security (DHS). Indeed, the issue at the shutdown's heart – President Trump's proposed border "Wall" – would be a...more

Fisher Phillips

Perseverance Pays Off For Employer In Class Action Litigation

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A federal court in Los Angeles just proved that, even after many years of difficult, protracted litigation, and despite several pretrial rulings in plaintiffs’ favor, an employer that is willing to take a wage and hour...more

Fisher Phillips

Top 10 Things All Employers Need To Know About Autonomous Vehicles

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We’re living at a time when a unique convergence of multiple trends is ensuring that autonomous vehicles (AVs) will soon change life as we know it. On the technology side, vehicles are trending towards being electrified and...more

Seyfarth Shaw LLP

The Federal Antitrust and Labor Law Double Bind: The Ninth Circuit Hears Oral Argument in Challenge to Seattle’s Ordinance...

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Seyfarth Synopsis: On Monday, February 5, 2018, the U.S. Chamber of Commerce’s lawsuit challenging the City of Seattle’s ordinance allowing independent-contractor drivers to engage in collective bargaining was before the U.S....more

Orrick - Trade Secrets Group

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

FordHarrison

Seventh Circuit Affirms Summary Judgment in Favor of Employer Finding That Required Mental-Health Examinations Did Not Violate the...

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Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more

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

Sobering Results: Recent Study Suggests Drug Use Is Up Among American Workers

A recent study conducted by the drug testing company Quest Diagnostics indicates that the rate of positive drug test results among the U.S. workforce is at a 12-year high, driven by increased cocaine, amphetamines, and...more

Troutman Pepper Locke

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Cadwalader, Wickersham & Taft LLP

United Airlines Settles with SEC for Side-Stepping Its Own Anti-Corruption Controls: Management Override for a Ride Over to South...

In a settlement highlighting the need for public companies to implement – and adhere to – effective internal controls, United Airlines “United” recently paid a $2.4 million civil penalty to the Securities and Exchange...more

Troutman Pepper Locke

August 2016 Independent Contractor Misclassification and Compliance News Update

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This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

The Volkov Law Group

DOJ and SEC Collect $22 Million from LAN Airlines for Conduct in Resolving Labor Dispute

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Last week, the Justice Department and the SEC announced parallel FCPA settlements totaling $22 million in fines, penalties and disgorgement against LAN Airlines, a Chile-based airline, for conduct in resolving a labor dispute...more

Carlton Fields

Questions About Delivery Drivers’ Employee/Independent Contractor Status Preclude Commonality and Predominance Findings

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A New Jersey district court denied certification of a putative class of furniture delivery drivers and helpers employed by various transportation companies (the “Driver/Helpers”) and individuals who owned those transportation...more

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