David D. Robinson
Mr. Robinson concentrates his practice in the area of labor and employment law with an emphasis on employment discrimination litigation and wage and hour compliance.
A partner with the firm, Mr. Robinson has extensive experience in representing transportation employers in a wide range of employment matters including: the classification of transportation workers as exempt v. non-exempt under the Fair Labor Standards Act; the development of policies to ensure that background screens are in compliance with the Fair Credit Reporting Act; reviewing driver compensation plans; and the defense of independent contractor business models in a variety of settings. Mr. Robinson has represented numerous transportation companies in investigations conducted by the Equal Employment Opportunity Commission and audits conducted by the U.S. Department of Labor. Mr. Robinson also handles employment contract negotiations, severance negotiations, and day-to-day personnel matters. Mr. Robinson has written and delivered lectures on numerous subjects in the field of employment law, including: Practical Strategies for Transportation Industry Employees; Avoiding Liability in the Workplace; Personnel Law in Indiana; Dealing with the Problem Employee; FCRA Liabilities Commonly Overlooked by Motor Carriers; Employment Law Challenges for the Modern Carrier; Current Employment Law Issues in Transportation; and the Newest EEOC Enforcement Guidelines on Criminal Records and Driver Screening.
On The Road
- Steering Through the Transportation Assault - From Judicial Hellholes to Nuclear Verdicts & Everything in Between
Sep 21, 2021, David D. Robinson, Wisconsin Motor Carrier Association’s Annual Meeting - Lake Geneva, WI
- Law Alert: USDOL Releases Proposed Rule On Worker Status Under the Fair Labor Standards ActThe U.S. Department of Labor released its Notice of Proposed Rulemaking (NPRM) with respect to Employee or Independent Contractor Classification Under the Fair Labor Standards Act. The proposal is expected to be published in the Federal Register on October 13, and the Department will accept comments for 45 days thereafter. As anticipated, the NPRM once again proposes to repeal the Department’s prior regulation on the same subject issued under the Trump administration (an earlier attempt at repeal was held improper by a federal district court) and replace it with a regulation it claims is more aligned with judicial precedent. Read more on this from Scopelitis.
- Transportation Brief: Supreme Court Stays and OSHA Withdraws Vaccine/Testing MandateIt appears that we have arrived at some finality in the on-again-off-again life cycle of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Given the Court’s determination that OSHA had likely exceeded its authority here, large employers have understandably set aside their immediate plans to implement the ETS vaccine/testing protocols. However, important considerations remain because many carriers continue to face customer vaccination requirements as well as the Canadian vaccination requirement for drivers crossing the border into Canada.
- Law Alert: Supreme Court Stays OSHA’s Vaccine/Testing MandateThe Supreme Court ordered a stay of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court held that Congress had not given OSHA authority to issue such a sweeping regulation addressing a public health concern that was not an occupation-specific risk.
- Transportation Brief: Vaccination Mandates Take ShapeThe federal contractor mandate, the private employer mandate, and rules for land and ferry border crossings have started to clarify how the Biden Administration’s vaccination initiative might impact the transportation industry – although the final force and effect of these rules remains unclear. Read the latest on these ever-evolving rules.
- Transportation Brief: Freight Broker Class Action Attacks ContinueThe transportation industry continues to battle class action lawsuits focused on the classification of freight brokers as exempt from the payment of overtime under the Fair Labor Standards Act (FLSA). Recent court decisions (and a host of settlements) have served to highlight the vulnerability of an exempt classification for these workers. Why do some recent cases mean that companies should fully examine their classification of these workers as exempt versus non-exempt?
- Law Alert: OSHA Vaccine Mandate DevelopmentsThe Judicial Panel on Multidistrict Litigation held a lottery which determined that the multiple challenges to OSHA's ETS on COVID-19 Vaccination and Testing would be consolidated and heard in the United States Court of Appeals for the Sixth Circuit.
- Law Alert: OSHA ETS on Vaccines and Testing Temporarily StayedThe United States Court of Appeals for the Fifth Circuit issued a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on Vaccines and Testing, which applies to employers with more than 100 employees.
- Law Alert: OSHA Issues Emergency Regulations Requiring Vaccination or Weekly TestingPresident Biden announced an action plan which called for OSHA to draft and issue ETS designed to reduce Covid-19 infection numbers. Specifically, the President has called for private employers with at least 100 employees to ensure either that (1) all employees are vaccinated; or (2) all employees are tested at least weekly.
- Transportation Brief: Spotlight on Investigations and AuditsWhile 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.
- Scopelitis Labor & Employment News: August 2021: COVID-19 Vaccinations and Return to Work Policies – What are Employers Permitted to Do?
Employers are transitioning employees back to in-person work, which means making decisions regarding workplace expectations related to the COVID-19 vaccination.
- Transportation Brief: What Will It Take to Return to The Office?
The prospect of a return to in-person work raises a myriad of issues for employers. Read more about considerations including timing, preparations, and how to monitor and keep up with evolving CDC/OSHA guidance.
- Transportation Brief: May My Company Require COVID-19 Vaccinations?More on what employers should consider when it comes to their approach to employee coronavirus vaccinations.
- Scopelitis Labor & Employment News: October 2020The Families First Coronavirus Response Act (FFCRA), passed in the early days of the pandemic, required employers to provide paid sick leave for, among other reasons, employees who needed to stay home to care for a child whose school or place of care closed due to COVID-19. With school closings on the rise again and positive tests causing portions of classes to stay home to quarantine, employers need to prepare for a second wave of leave requests – which may come from employees who have already exhausted their paid leave rights under FFCRA.
- Labor & Employment News: August 2020The NLRB’s Active 2020
- Transportation Brief: Department of Labor ActivityThe U.S. Department of Labor has been active through a tumultuous first half of 2020. While the Department’s response to the COVID-19 crisis has garnered most of the attention, there have been important developments in other areas. Read more related to employment perks and benefits, and determining joint employment, the Final Rule updating the Retail and Service Worker Exemption.
- Labor & Employment News: May 2020Return-to-Work Considerations
- Scopelitis L & E News: November 2019The Scopelitis Labor & Employment team on making sure your company's fitness/agility tests are legal.
- Scopelitis L & E News: October 2019Scopelitis' Labor & Employment practice on the growing marijuana trend increases employer uncertainty in drug testing and discipline.
- Law Alert: U.S. DOL Issues Final Rule Raising Overtime Exemption Salary Threshold to $35,568Scopelitis on the U.S. DOL’s final regulation on workers’ overtime-exempt status.
- Scopelitis L & E News: August 2019Scopelitis Labor & Employment Practice on action employers should take regarding the DOL opinion letter on sleeper berth time.
- Law Alert: U.S. DOL Opinion: Sleeper Berth Time Spent Off Duty Is Not CompensableAn alert from Scopelitis' Labor & Employment team regarding the DOL's position on sleeper berth time.
- Scopelitis L & E News: July 2019Scopelitis' Labor & Employment Practice on paid leave laws creating tension for transportation industry employers.
- Scopelitis L & E News: May 2019Scopelitis' Labor & Employment Practice on its Sexual Harassment Prevention Training offering
- Law Alert: Prepare Now for September 30, 2019 EEO-1 Pay Data Reporting DeadlineDeadlines and requirements for the EEOC's new pay data reporting requirement have now been set. Read details from the Scopelitis L&E team.
- Scopelitis L & E News: March 2019, Part 2Scopelitis' Labor & Employment Practice with an update on EEO-1 Reporting
- Scopelitis L & E News: February 2019Scopelitis' Labor & Employment team on attacks on the exempt status of the freight broker position
- Transportation Brief: Non-compete Agreement ConsiderationsPerhaps no other form of contract so frequently causes the relevant parties to huddle with their attorneys and ask the question, “Is this thing enforceable?” Read more from our attorneys.
- Scopelitis L & E News: December 27, 2018Scopelitis' Labor & Employment Practice on Illinois recently becoming the ninth state or district to mandate reimbursement of an employee’s expenses
- Scopelitis L & E News: December 6, 2018From Scopelitis' Labor & Employment Practice on the overtime salary threshold of $23,660 that has been under review by the Department of Labor (“DOL”) since 2016 - still on hold
- Scopelitis L & E News: November 2018Scopelitis' Labor & Employment Practice on OSHA, who has recently provided guidance for safety-minded companies in the form of advice as well as citations issued
- Scopelitis L & E News: October 2018Scopelitis' Labor & Employment Practice on whether or not employer has a legal obligation to allow an employee to bring an animal into the workplace.
- Law Alert: Employers Should Immediately Begin Using New Version of FCRA Summary of RightsRead more on the Consumer Financial Protection Bureau's just released new model “Summary of Your Rights Under the Fair Credit Reporting Act”.
- Scopelitis L & E News: September 2018Scopelitis' Labor & Employment Practice on how a new case from the 7th Circuit (the federal jurisdiction covering Indiana, Illinois and Wisconsin) provides some practical clarity on the phrase “reasonable accommodation”.
- Transportation Law Alert: California Bars Inquiries Into Applicants’ Salary HistoryRead Scopelitis' take on California law prohibiting employers from seeking salary history information from applicants for employment.
- Law Alert: Permanent Injunction Issued on DOL’s Overtime RuleRead more on Scopelitis' take on a Texas judge's final order rejecting the U.S. Department of Labor’s attempt to raise the salary level for “white collar” exemptions from overtime.
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Employment Practices Liability Insurance Coverage in Non-Employer Situations
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