News & Analysis as of

Transportation Industry Trucking Industry Preemption

Husch Blackwell LLP

Supreme Court Asked to Resolve Circuit Split on Broker Liability Under FAAAA Safety Exception

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Freight broker liability under the Federal Aviation Administration Authorization Act (FAAAA) is once again before the U.S. Supreme Court, with two new petitions for certiorari—Total Quality Logistics (TQL) v. Cox and...more

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

Hanson Bridgett on

The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Benesch

Time to Adapt: U.S. Supreme Court Declines Review of California Assembly Bill No 5

Benesch on

Unfortunately, today, June 30, 2022, the U.S. Supreme Court delivered a deeply disappointing loss to the transportation industry and supply chain interests throughout the country by declining to review the California Trucking...more

Benesch

In Anticipation of Preemption: The U.S. Supreme Court Speaks (Sort Of...)

Benesch on

The transportation and logistics industry has been widely anticipating a decision from the U.S. Supreme Court as to whether or not it will accept for review two very significant cases involving the scope of the Federal...more

CDF Labor Law LLP

Federal Regulations Trump California’s Meal and Rest Break Rules For Short Haul Drivers Too

CDF Labor Law LLP on

Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules...more

Latham & Watkins LLP

California and Key Stakeholders Join Warehouse Regulation Lawsuit

Latham & Watkins LLP on

The State and NGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court. On October 13, 2021, the State of California, on behalf of the Office of the Attorney General...more

Benesch

InterConnect FLASH! No. 79 - Mr. AB-5 Goes to Washington - And Brings A Lot of Baggage! (The Assault on the IC Citadel Continues)

Benesch on

Introduction: The PRO Act Overall - Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more

Epstein Becker & Green

Federal Court Issues Eleventh-Hour TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for...

On January 1, 2020, California’s new independent contractor statute, known as AB 5, went into effect.  The law codifies the use of an “ABC” test to determine if an individual may be classified as an independent contractor....more

Benesch

InterConnect FLASH! No 76 - Federal Court Temporarily Enjoins Enforcement of AB5 Against California Motor Carriers

Benesch on

Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more

Fisher Phillips

A New Year’s Gift for California Trucking Companies: Meal Period and Rest Break Laws No Longer Apply

Fisher Phillips on

It’s official: California’s infamous meal period and rest break laws no longer apply to truck drivers regulated by the U.S. Department of Transportation’s hours-of-service requirements. Following a petition from the American...more

Littler

DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

Littler on

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)....more

Holland & Knight LLP

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

Holland & Knight LLP on

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

Benesch

InterConnect - Fall 2016

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In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more

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