Transportationattorneys.net

New Prime Inc. Can't Force ICs Into Arbitration U.S. Supreme Court Unanimously Rules in Favor of Independent Contractor Truck Driver, Holding Trucking Company's Arbitration Agreement is Exempt From Federal Arbitration Act. Supreme Court Sides with O-O Truck Driver in Arbitration Dispute, but the decision does not affect IC classification. On January 15, the United States Supreme Court ruled that a trucking company cannot compel arbitration in a wage dispute brought by an independent contractor truck driver. [ 913 more words ] https://trucklaw.wordpress.com//us-supreme-court-invalida/

ALL Trucking Companies Need To Follow Uber's Lead On This Issue FINALLY - GOOD NEWS FOR TRUCKING COMPANIES WHO UTILIZE INDEPENDENT CONTRACTOR TRUCK DRIVERS.The Ninth Circuit's ruling that Uber drivers suing over alleged misclassification must fight it out in individual arbitration makes clear the power of class action waivers in arbitration agreements to shield employers from legal attack A unanimous three-judge panel of the federal appeals court determined that Uber Technologies Inc.'s arbitration agreements with drivers were valid and enforceable based on the U.S. [ 773 more words ] https://trucklaw.wordpress.com//uber-scores-huge-win-in-c/

Operating With Substandard Documents Is Unnecessarily Risky. IMPORTANT AND WELL DRAFTED LEGAL DOCUMENTS CAN PROTECT YOU FROM EXPENSIVE LAWSUITS, SAVE SUBSTANTIAL AMOUNTS OF MONEY, AND ENABLE YOU TO PROTECT YOUR RIGHTS WHEN OTHERS VIOLATE THEM. State Of The Art Legal Documents Essential To All Trucking And Logistics Companies At the heart of any dispute that involves a trucking, transportation, or logistics company, there should be a written document. [ 758 more words ] https://trucklaw.wordpress.com//legal-documents-all-truck/

While there's never any shortage of legal issues confronting the trucking industry, there are a few topics that demand discussion. So I've picked a few topics that trucking companies need to be paying attention to. In particular, take note of my discussions regarding mandatory arbitration and class-action waivers. State senator seeks to crack down on wage theft in port trucking industry. [ 1,379 more word ] https://trucklaw.wordpress.com//05/mid-year-truck-law-upd/

Unanswered Questions of the Dynamex Operations Decision [ 1,230 more word ] https://trucklaw.wordpress.com//fallout-from-the-dynamex-/

Trucking Companies need to take note of this important case! As many of you know, Uber technologies, the rideshare company, has been fighting numerous lawsuits and claims that their drivers are misclassified as independent contractors. Well, on April 11, a federal district court in Pennsylvania ruled in favor of Uber concluding that the Uber Black limousine drivers are independent contractors, and not employees. [ 1,248 more word ] https://trucklaw.wordpress.com/?p=305

Should Your Trucking, Transportation, or Logistics Company Be A Corporation or Limited Liability Company (LLC)? A major decision for anyone involved in transportation is what business form they should choose. Almost without exception, I advise clients to form a business entity that will protect the owners from being personally liable for the business's debts. In this article, I will focus on "S" Corporations vs. [ 982 more words ] https://trucklaw.wordpress.com//corporation-vs-llc-in-tru/

Cargo loss and damage claims are a reality for anyone involved in transportation. A constant theme in the legal world of the Carmack Amendment is limiting liability of lost or damaged cargo. This is an important part of trucking law because of the nature of the business.Trucking companies transport millions of dollars of cargo everyday, and when cargo is lost or damaged the trucking company is responsible for replacing it or paying for it. [ 873 more words ] https://trucklaw.wordpress.com//limiting-your-companys-li/

Fight Back Against Oppressive Forum Selection Clauses Forum Selection Clauses and The Carmack Amendment. I often write about topics that confront current clients, but also involve important issues anyone involved in transportation should be aware of: shippers, brokers, freight forwarders and motor carriers. Transportation Contracts notoriously include all sorts of legal mumbo-jumbo that is hard to understand (even for lawyers). Among the many convoluted clauses in a transportation contracts are forum selection clauses. [ 1,020 more word ] https://trucklaw.wordpress.com//forum-selection-clauses-c/

With all the publicity and mountains of court decisions severely punishing trucking companies who misclassify drivers as independent contractors, it never ceases to amaze me that I regularly receive phone calls from disgruntled truck drivers. Many of these calls are from drivers who are not only misclassified, but driving for relatively large trucking companies who are misclassifying over 50 to 100 drivers as independent contractors. [ 1,421 more word ] https://trucklaw.wordpress.com//independent-contractor-pr/

Are Lease-Purchase Programs still viable in California? I'm writing this article because of recent rumblings in the trucking community that lease purchase programs could again become a viable business practice for California trucking companies. This is fueled in part by the Trump administration successfully nominating a management side labor and employment lawyer to be general counsel for the National Labor Relations Board (NLRB) for a four year term. [ 792 more words ] https://trucklaw.wordpress.com//lease-purchase-programs-c/

This is a two subject article. First of all, I want to write about ELD exemptions. As anyone reading this article should know, the deadline for implementing ELD technology is practically three weeks away. For trucking companies or Independent Contractors/Owner-Operators who are still considering claiming an exemption to ELD requirements, it is worth it to review this topic one more time. [ 1,026 more word ] https://trucklaw.wordpress.com//eld-exemptions-and-port-d/

"Responsible Individuals" Can Be Personally Liable For EDD Assessments A question I frequently get asked by clients is: "Can I be held personally liable if my business is assessed by the EDD?" As most of you know who have read my articles, if a company receives a Notice of Assessment after an EDD audit, the company has two basic options: pay the assessment or file a notice of appeal. [ 1,068 more word ] https://trucklaw.wordpress.com//personal-liability-for-ed/

The Federal Motor Carrier Safety Administration has withdrawn a proposed rule which they published in March 2016 that would have required truck drivers to be tested for Obstructive Sleep Apnea. Obstructive Sleep Apnea (OSA) is a sleep disorder characterized by episodes of complete cessation of breathing during sleep, which results in numerous medical problems, including sudden death. Undiagnosed or inadequately treated OSA can result in daytime sleepiness and decreased attention, concentration, awareness, and memory, which reduces a drivers ability perform his or her duties. [ 727 more words ] https://trucklaw.wordpress.com//sleep-apnea-dot-withdraws/