On December 21, 2018, the Federal Motor Carrier Safety Administration (FMCSA) granted petitions submitted by the American Trucking Associations (ATA) and the Specialized Carriers and Rigging Association (SCRA) requesting a determination that the State of California's...
Year: 2018
The California Trucking Association Files Its Case Against Dynamex
As discussed previously on this blog, the Dynamex Operations West v. Superior Court decision upended California's independent contractor market with a new test for whether a worker will be considered an employee. The new test was particularly problematic for the...
California District Court Finds Dynamex ABC Test Preempted by FAAAA
Since April 30, 2018, when the California Supreme Court issued its decision in Dynamex Operations West. v. Superior Court, California motor carriers, as well as many other businesses, have been struggling to deal with the unexpected new "ABC test" for deciding who is...
California Continues to Pressure the Trucking Industry Nationwide
Backed by many in the trucking industry, the Environmental Protection Agency is planning to implement new limits on commercial truck emissions. The new limits appear to be in response to California pushing ahead with laws of its own. While the State of California also...
Is the Trucking Industry Primed for an Uber-Style Overhaul?
Manbang, China's "Uber-for-Trucks" is securing funds to support expansion of its driverless program, and the company has already invested in a Silicon Valley driverless truck start-up. While the company is still establishing itself in China, it's success or failure...
The Supreme Court’s Revamping of Employee Arbitration Rights Continues
In its last term, the United States Supreme Court began revamping employee arbitration rights, particularly with respect to class actions. With the current term under way, the Supreme Court has cases in front of it that could further alter these rights. The Court has...
New State Law Puts Shipping Customers at Risk
Governor Jerry Brown recently signed SB 1402, which quickly has shippers, particularly larger retailers, facing new levels of potential liability. The bill means retailers will now be held jointly liable when the trucking companies they hire for port drayage services...
Uber Picks Up Big Court Win with Help from a Recent Supreme Court Case
When Uber entered the market, it began to revolutionize transportation. However, along the way it has faced obstacles that in many instances have found Uber in court. One major issue it's facing is the claim by drivers that they are improperly treated by Uber as...
National Labor Relations Board Looks to Reduce Liability of Some Companies
The National Labor Relations Board (NLRB) announced a renewed effort to limit liability for companies with workers that are not engaged specifically by the company. A new proposed rule would protect companies from lawsuits by persons hired by contractors or...
The Changing Gig Economy
For the last several years there's been both excitement and concern over the gig economy that seems to be growing by the day, as it starts to become the norm for more and more workers. With the explosion of companies like Lyft and Postmates, many more companies have...
