On behalf of Larson & Gaston, LLP | Nov 5, 2019 | Transportation Law
For years, transportation companies have touted the potential of automated drone deliveries, promising better, more efficient service. We are now one step closer to seeing that vision become a reality, after a couple of recent landmark deliveries. On Nov. 1, 2019, UPS...
On behalf of Larson & Gaston, LLP | Aug 15, 2019 | Transportation Law
With some in the trucking industry pushing for changes to the time truck drivers are legally permitted to spend behind the wheel, the Federal Motor Carrier Safety Administration recently announced propose changes to address this desire. The proposed changes include...
On behalf of Larson & Gaston, LLP | Jul 15, 2019 | Transportation Law
The effort to define who is an employee and who is an independent contractor has been an ongoing battle in California, particularly since the Dynamex decision that came down from the California Supreme Court last April. While the full impact of the decision in the...
On behalf of Larson & Gaston, LLP | Jun 15, 2019 | Transportation Law
As discussed here, the Federal Motor Carrier Safety Administration (“FMCSA”) has set up its own rules for rest breaks for safety purposes that pre-empt those of the states. That became very clear when the FMCSA issued its determination that federal...
On behalf of Larson & Gaston, LLP | May 15, 2019 | Transportation Law
As discussed on this blog, late last year the Federal Motor Carrier Safety Administration (“FMCSA”) determined that California’s Meal and Rest Break rules are pre-empted by federal law, as applied to property-carrying commercial motor vehicle drivers...
On behalf of Larson & Gaston, LLP | Feb 15, 2019 | Transportation Law
In California, the ongoing litigation around the definition of an employee versus independent contractor and the rules for meal and rest breaks threaten to upend the trucking industry. While these issues are understandably garnering significant attention, there are...
On behalf of Larson & Gaston, LLP | Feb 1, 2019 | Transportation Law
In a recent Federal Arbitration Act (“FAA”) decision, the United States Supreme Court unanimously made getting to arbitration more difficult for trucking companies. In Oliveira v. New Prime, the Supreme Court determined that it was for a court, not an...
On behalf of Larson & Gaston, LLP | Jan 15, 2019 | Transportation Law
As discussed previously on this blog, recent legal developments have complicated the business plans of trucking companies that use independent contractors as drivers. These have included the Dynamex decision that changed the 30-year-old test of whether a worker is an...
On behalf of Larson & Gaston, LLP | Dec 31, 2018 | Transportation Law
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...
On behalf of Larson & Gaston, LLP | Dec 15, 2018 | Transportation Law
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...
