E. Ashley Paynter
Ms. Paynter is a commercial litigator whose practice focuses on the defense of motor carriers and property brokers in class actions. She has defended challenges to independent contractor classification as well as employee wage and hour claims in state and federal courts across the country. She also has experience litigating commercial disputes in federal, state, and arbitral forums.
Prior to joining the Firm, Ms. Paynter served as a law clerk to the Honorable Larry J. McKinney in the United States District Court for the Southern District of Indiana from 2010-2012. Currently, Ms. Paynter is a commercial litigator whose practice focuses on the defense of motor carriers and property brokers in class actions. She has defended challenges to independent contractor classification as well as employee wage and hour claims in state and federal courts across the country. She also has experience litigating commercial disputes in federal, state, and arbitral forums.
On The Road
- Legal Issues Facing the Transportation Industry in 2019
Feb 5, 2019, E. Ashley Paynter, 20th Annual Trucking Owners and Leaders Roundtable - Indianapolis, IN
- Class Action Update - Escaping the Eruption of Class and Collective Actions
Oct 19, 2017, E. Ashley Paynter, Scopelitis Webinar Series
- Law Alert: Federal court holds that Washington wage and hour laws do not apply to Washington resident over-the-road truck driver.A former employee over-the-road truck driver for a national motor carrier sued in Washington federal court seeking to represent a class of Washington-resident drivers to recover damages under Washington law for unpaid minimum wage, overtime, rest breaks, and derivative claims. Washington is one of a few states that does not exempt interstate over-the-road truck drivers from state overtime laws.
- Transportation Brief: Ninth Circuit Addresses Piece-rate Pay PlansIn Ayala v. U.S. Xpress, Inc., the Ninth Circuit recently ruled that a properly drafted piece-rate compensation pay plan that pays for delivered loads can cover both the time spent driving as well as the time spent performing non-driving activities associated with delivering the loads. How can companies address how drivers earn their activity-based pay?
- Law Alert: DOL Opinion Letters on Gig Economy Workers and Compensability of Sleeper Berth Time WithdrawnThe U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew an Opinion Letter issued in 2019 deeming gig economy workers engaging through a virtual marketplace platform to be independent contractors under the Fair Labor Standards Act’s economic realities test (FLSA-2019-6).
- Transportation Brief: For the Record, Winter 2021We are pleased to announce that Ashley Paynter, a Partner in the Firm’s Indianapolis office, has passed the California Bar.
- Transportation Brief: Plaintiffs Unmask Reimbursement Claims for Personal Protective EquipmentSeveral states require employers to reimburse employees for expenses incurred on the job. In the wake of the COVID-19 pandemic, several class action law suits have already been filed seeking to recover costs related to personal protective equipment (PPE) workers have purchased for use while on the job. Read more about what transportation companies operating in states with reimbursement statutes should do to ensure compliance.
- 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.
- Law Alert: District Court Dismisses Meal and Rest Break Claims Based on FMCSA Preemption DecisionA decision that sets an important precedent for transportation companies facing meal and rest break claims in California. Read more from the Scopelitis Class Action Defense and Complex Litigation team.
- “Defining Disparate Treatment Under the Pregnancy Discrimination Act: Hall v. Nalco Co., What to Do When You are in a Class of Your Own,” 43 IND. L. REV. 207 (2009).