Christopher C. McNatt Jr.

On The Road

• CTA Legal Panel
  Jan 20, 2022, Christopher C. McNatt, California Trucking Association’s Annual Membership Conference - Las Vegas, NV

Publications

• Law Alert:  AB 5 Injunction Dissolved in CTA v. Bonta 
  
  Judge Benitez of the U.S. District Court for the Southern District of California held a hearing in the California Trucking Association’s (CTA) challenge to enforcement of AB 5 against the trucking industry.
• Transportation Brief: Spotlight Cargo Claim & Freight Charge Practice
  
  The global supply chain crisis, paired with the continuing challenges of the pandemic, means motor carriers, cargo brokers, freight forwarders, and shippers are experiencing a significant increase in claims related to delay and cargo damage as well as a slowdown in the payment of freight charges, yet the demands for payment have generally increased. Thus, in the current environment, force majeure clauses have taken on increased importance because they can help transportation providers protect themselves from claims when circumstances beyond their control preclude performance or delay performance. Read more on how the Firm's Cargo Claims team regularly assists clients with addressing cargo claim and freight charge issues. Equally important, the team can help mitigate exposure before issues arise.
• Transportation Brief: Spotlight on Investigations and Audits
  
  While the transportation industry is largely deregulated, a surprising number of federal, state, and local government agencies write and administer a long—and growing—list of rules affecting transportation providers. These agencies regularly inspect for noncompliance, and they have the power to assess civil penalties for violations, place assets “out of service,” or worse. When the inspectors come calling, it is important to be prepared.
• Law Alert: California Court of Appeal Rules AB5 not Preempted by FAAAA
  
  The California Court of Appeal reversed the trial court decision in People v. Cal Cartage Transportation Express, LLC, holding that the ABC test first expressed in Dynamex and later codified in AB5 is not preempted by federal law.
• Law Alert: California Voters Say YES to Prop 22
  
  Prop 22 put the issue of the independent contractor status of gig economy drivers before California voters – these voters overwhelmingly voted yes to Proposition 22 on election day according to Associated Press reports. Scopelitis on how this translates to the transportation industry. 
• Transportation Brief: Prop 22’s Impact on the Transportation Industry
  
  The gig economy – spearheaded and underwritten by major gig economy companies such as Uber, Lyft, and Doordash – has launched a high-profile campaign to prevent the application of California’s AB 5 law (and the ABC test it dictates) to determine a worker’s employee status.
• Law Alert: Ninth Circuit Holds Oral Argument on CTA’s Challenge to AB5
  
  The Ninth Circuit Court of Appeals heard oral argument in the California Trucking Association’s challenge to AB5, California’s recently enacted misclassification statute. While the Firm is hopeful the Ninth Circuit will leave the injunction in place and fully supports the CTA and feels its request for continued funding is very much warranted, read more about some issues that raised concern during  the oral argument. 
• Law Alert: Motion to Stay Order Enjoining Application of AB 5 to Motor Carriers Denied
  
  Late yesterday afternoon, the United States Court of Appeals for the Ninth Circuit denied a motion by intervenor-defendant-appellant International Brotherhood of Teamsters (IBT) to stay the federal district court’s preliminary injunction pending appeal in California Trucking Association v. Beccera. The Ninth Circuit also ordered oral argument on the appeal of the preliminary injunction order fast-tracked. 
• Law Alert: AB 5 Preliminary Injunction Granted
  
  California Federal District Judge Roger Benitez granted a preliminary injunction in California Trucking Association v. Beccera. The order enjoins the State from enforcing AB 5 as to any motor carrier operating in California pending entry of final judgment in the case by the District Court. Read more on this news.
• Law Alert: AB 5 Temporary Restraining Order Extended
  
  California Federal District Judge Roger Benitez considered whether to grant a preliminary injunction in California Trucking Association v. Beccera. Read more about the latest AB 5 news.
• Law Alert: AB 5 Temporary Restraining Order Granted
  
  On December 31, 2019, California Federal District Judge Roger Benitez granted a temporary restraining order in California Trucking Association v. Beccera. The TRO enjoins the State from enforcing AB 5 as to any motor carrier operating in California. More on this news.
• Scopelitis in the News: "Trucking Looks for Solutions to California's Stringent New Independent Contractor Law." October 22, 2019. Heavy Duty Trucking (HDT).
  
  Scopelitis Partners Greg Feary, Shannon Cohen, and Chris McNatt quoted in Heavy Duty Trucking on California's AB 5 law.
• Law Alert: California ABC Test - Controversial AB 5 Moves to Governor
  
  Scopelitis on the California legislature passing AB 5, which will impact many small businesses in California and will alter business relationships with many companies that work with those small businesses.
• Law Alert: Dynamex Legislation Passes California Assembly
  
  Scopelitis attorneys offer an update on the potential application of the Dynamex standard. 
• Law Alert: California Joint and Several Motor Carrier List
  
  Pursuant to the statutory “publication” requirement under CA Labor Code §2810.4 a list of motor carriers that have outstanding California Department of Labor Standards Enforcement wage and hour liabilities has been published. Read more.
• Transportation Law Alert: California Bars Inquiries Into Applicants’ Salary History
  
  Read Scopelitis' take on California law prohibiting employers from seeking salary history information from applicants for employment.