Gregory M. Feary
Mr. Feary focuses on independent contractor issues and legislation as well as transportation insurance and corporate structure designs to reduce exposure to the firm’s transportation clientele. He audits its clients' independent contractor programs and provides legislative support for many organizations and clients on independent contractor issues. He also counsels clients on alternative risk programs including single parent and group captive insurers, risk retention groups, and various self-insurance and self-insured retention programs. Mr. Feary also conducts insurance audits and supervises litigation in the areas of premium disputes and specialized transportation insurance coverage controversies, including those involving occupational accident insurance. In addition, he regularly designs independent contractor programs and defends independent contractor disputes. Mr. Feary serves as one of the firms principle contacts in mergers and acquisitions due diligence work and advises on corporate structure and risk mitigation issues related thereto.
Gregory M. Feary is President of the firm and also serves as a managing partner who practices primarily in a wide range of areas including transportation laws, independent contractor laws, transportation insurance laws, legislative support and transportation contract matters. He is the Vice Chair of the ATA/NAFC Risk Management & Insurance Advisory Committee and a member of the ATA Insurance Task Force for which he serves as Chairman of the Lawyer’s Subcommittee. He also served as ATA’s national transportation insurance law counsel throughout the 1990s. He was a member of the Advisory Board of Purdue University's Center for Transportation Distribution Logistics. Mr. Feary was named to The BTI Client Service All-Stars 2012 and 2016 list and as one of the top 5% of attorneys in Indiana by the Indiana Super Lawyers® peer selection survey. He is also AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability, and recognized as a “Top Rated Lawyer in Transportation” by Martindale-Hubbell™ and American Lawyer Media. He was awarded the 2019 International Advisory Experts Award for Transport Law within Indiana by the International Advisory Experts global alliance. In addition, he was named as a 2019 Top Rated Lawyer in the ALM Media Legal Leaders + Martindale-Hubbell AV Preeminent Attorney “Midwest’s Top Rated Lawyers” list published in The National Law Journal. Feary currently serves as an Adjunct Professor of Law-Indiana University, Robert H. McKinney School of Law.
Mr. Feary has created and counseled many captive insurance companies and is the author of The Definitive Industry Primer on Occupational Accident Insurance in Trucking. He is also the author of both Independent Contractor Employment Classification: A Survey of State and Federal Laws in the Motor Carrier Industry, 35 Trans. Law J. 139 (2008) and 1995 Developments in Workers' Compensation, 29 Ind. L. Rev. 1139 (1996) and drafted Indiana's law deeming owner-operators of trucks to be independent contractors for purposes of workers' compensation.
On The Road
- California AB 5 – What Does It Mean and What’s Next?
Oct 22, 2022, Gregory M. Feary, American Trucking Associations’ Management Conference & Exhibition - San Diego, CA
- IC Policy Committee Meeting
Oct 22, 2022, Gregory M. Feary, American Trucking Associations’ Management Conference & Exhibition - San Diego, CA
- Transportation Law Update
Aug 3, 2022, Gregory M. Feary, ATA's Trucking Association Executives Council
- California AB 5: What Does It Mean, What’s Next, And What Should We Do About It?
Jul 28, 2022, Gregory M. Feary, Scopelitis Webinar Series
- Understanding AB5 and its Potential Impacts on Your Business
Jul 21, 2022, Gregory M. Feary, Harbor Trucking Association Member Webinar
- California AB5 - Impact of Supreme Court Decision on Transportation
Jul 13, 2022, Gregory M. Feary, Airforwarders Association Member Webinar
- The Ever-Evolving IC Landscape
Tuesday, July 12
Greg, me, Prasad, Allie, Kelli, Shannon
Jul 12, 2022, Gregory M. Feary, ATA Litigation Center’s 2022 Trucking Legal Forum - Austin, TX
- CA AB 5 Update
Jul 8, 2022, Gregory M. Feary, 2022 Nevada Trucking Association Conference
- CA AB5 — What Does it Mean and What’s Next?
Jul 6, 2022, Gregory M. Feary, Indiana Motor Trucking Association Member Webinar
- The Independent Contractor Situation in Trucking
Mar 17, 2022, Gregory M. Feary, Scopelitis Webinar Series
- Keynote Address
Dec 2, 2021, Gregory M. Feary, Illinois Trucking Association’s 2021 Annual Meeting - Chicago, IL
- An Industry in Flux: How Employment and Labor Law are Changing Trucking
Sep 14, 2021, Gregory M. Feary, FTR Transportation Intelligence’s Transportation Conference - Indianapolis, IN
- The California Conundrum
Aug 11, 2021, Gregory M. Feary, Randall-Reilly’s 2021 CCJ Symposium - Birmingham, AL
- The Changing Regulatory & Legal Environment on the IC Home Delivery Model
Aug 2, 2021, Gregory M. Feary, National Home Delivery Association’s 2021 Annual Forum - San Diego, CA
- Independent Contractor Developments
May 15, 2021, Gregory M. Feary, American Trucking Associations’ Mid-Year Management Session - San Antonio, TX
- Independent Contractors Within the New Political Environment—State and Federal Challenges
Apr 20, 2021, Gregory M. Feary, American Trucking Associations’ 2021 Virtual Law Review Webinar Series
- The Erosion of Entrepreneurship
Mar 1, 2020, Gregory M. Feary, Truckload Carriers Association’s Annual Convention - Kissimmee, FL
- Broker/3PL/Carrier Agreements – Beware What You Sign
Feb 19, 2020, Gregory M. Feary, Customized Logistics and Delivery Association’s Final Mile Forum - Miami, FL
- CA AB5 Issues
Feb 8, 2020, Gregory M. Feary, National Tank Truck Carriers’ Winter Membership and Board Meeting - Naples, FL
- Update on Independent Contractor Rulings, Laws, Bills, and Other Developments Across the Country
Jan 16, 2020, Gregory M. Feary, Scopelitis Webinar SeriesAn update regarding the latest information developing across the county, from California’s controversial AB 5 to New Jersey’s S4204. In addition, an overview of best practices, contract provisions, and common mistakes that can create legal jeopardy in motor carriers’ dealings with owner-operator/ independent contractors.
- Protecting the IC Broker Model
Aug 6, 2019, Gregory M. Feary, National Home Delivery Association’s 2019 Forum Program - Denver, CO
- Owner-Operator Panel
Jul 15, 2019, Gregory M. Feary, American Trucking Associations’ 2019 Trucking Legal Forum - Rancho Bernardo, CA
- Independent Contractors and the Dynamex Decision
Jun 11, 2019, Gregory M. Feary, American Trucking Associations' National Accounting & Finance Council's 2019 Annual Conference - Indianapolis, IN
- Latest Developments in Owner-Operator Status and Related Issues
May 16, 2019, Gregory M. Feary, Scopelitis Webinar Series
This session addressed the evolving landscape of owner-operator independent contractor issues both at the state and federal level. It also identified case law and legislation that might signal changes in judicial temperament, as well as case law and legislation that suggests business as usual. The Firm’s presenters identified potential challenges and best practices for operating under an independent contractor model.
- Update on Independent Contractor Status in Trucking
Jul 10, 2018, Gregory M. Feary, Hudson Insurance Group's Annual Risk Management / Leadership Conference - Indianapolis, IN
- Unexpected Liabilities
Apr 10, 2018, Gregory M. Feary, Truck Renting & Leasing Association’s 2018 Annual Meeting - Scottsdale, AZ
- Owner-Operators: Here to Stay, For Now
Jan 18, 2018, Gregory M. Feary, Transportation Lawyers Association's 2018 Chicago Regional Seminar - Chicago, IL
- Specialized Contracts in Transportation Issues and Tips: IC Contractor Operating Agreement & Owner-Operator Equipment Lease
Nov 8, 2017, Gregory M. Feary, Georgia Motor Trucking Association's Leadership Conference - Marietta, GA
- E-Commerce and Final Mile’s Effect on LTL and Parcel Supply Chains
Sep 14, 2017, Gregory M. Feary, 2017 FTR Transportation Conference - Indianapolis, IN
- What “Rigged” Got Wrong: Structuring Lease-Purchase Programs to Avoid the Risks Outlined in USA Today’s “Rigged” Series
Aug 22, 2017, Gregory M. Feary, Scopelitis Webinar Series
- International Logistics - Real World Examples of What Can Go Wrong, And How to Prevent It
Jul 20, 2017, Gregory M. Feary, Scopelitis Webinar Series
- Independent Contractor Status in 2017
Jul 17, 2017, Gregory M. Feary, American Trucking Associations' Forum for Motor Carrier General Counsel - Beaver Creek, CO
- Owner-Operator Business Model Update
Mar 16, 2017, Gregory M. Feary, Scopelitis Webinar Series
- Independent Contractor Challenges
Jul 14, 2016, Gregory M. Feary, Scopelitis Webinar Series
- 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: AB 5 Petition Denied by U.S. Supreme CourtOn June 30, 2022, the U.S. Supreme Court refused the California Trucking Association’s (CTA) appeal to maintain an injunction prohibiting enforcement of California’s AB 5 (the strict ABC worker status test used in California). On August 29, the injunction was lifted. AB 5 can now be enforced by state officials against the trucking industry. Transportation businesses may use various strategies in an effort to comply with AB 5, but much is still unclear. Read more from Scopelitis attorneys about thoughtful and informed strategies regarding AB 5.
- Scopelitis in the News: "Injunction Blocking California's AB 5 for Trucking Lifted, for Now." August 30, 2022. Commercial Carrier Journal (CCJ).For now, AB 5 and its ABC test for determining independent contractor status is effective for the trucking industry. Any motor carrier now using leased owner-operators in the state risks being in violation of the law, unless the law’s business-to-business exemption is appropriately satisfied. Scopelitis President Greg Feary on what to expect regarding AB 5 in the coming weeks.
- 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.
- Scopelitis in the News: "Expert Analysis: Justices Prolong Calif. Trucking Industry's Employment Woes." July 13, 2022. Law360.In Scopelitis President & Managing Partner Greg Feary’s latest exclusive Expert Analysis in Law360, he discusses the question of A.B. 5 as a proper test of work status — both in California and in other states where similar legislation might emerge. According to Feary, efforts to seek balance on an issue that pits entrepreneurship against paternal protection of workers are far from over.
- Law Alert: Supreme Court Denies Certiorari in CTA v. BontaThe Supreme Court denied review of the 9th Circuit’s reversal of the injunction against enforcement of California’s AB 5 against the trucking industry.
- Law Alert: CTA v. Bonta -- Still Awaiting Supreme Court Decision on Whether to Hear AB 5 ChallengeAlthough three federal preemption of state law regulating prices, routes, or services cases involving transportation were distributed for the Court’s June 23 conference, no decision on whether to hear California Trucking Association v. Bonta (the trucking industry challenge to California’s AB 5’s restrictive employment test) or Virgin America v. Bernstein (an airlines looking at a similar preemption statute) was issued today.
- Law Alert: AB 5 Challenge Distributed for Consideration by Supreme Court at June 23 ConferenceThe California Trucking Association’s (CTA) challenge to enforcement of AB 5 against the trucking industry was distributed today for consideration by the Supreme Court at its conference scheduled for June 23.
- Law Alert: Supreme Court Addresses “Transportation Worker” Exemption From the Federal Arbitration ActIn a unanimous decision (8-0, with Justice Barrett recused) today, the U.S. Supreme Court clarified who qualifies as a “transportation worker” for purposes of the exemption from the Federal Arbitration Act (FAA).
- Law Alert: Solicitor General Recommends the Supreme Court Deny Review of Trucking Case Challenging California’s AB-5The Solicitor General (SG) of the United States (the federal government’s representative before the Supreme Court) filed a brief recommending the Supreme Court deny review of California Trucking Association’s (CTA) case challenging the application of AB 5.
- 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.
- Law Alert: Illinois Appellate Court Issues BIPA Ruling that May Drastically Increase Exposure for Transportation Companies Operating in IllinoisThis week, an Illinois Appellate Court issued a ruling with the potential to dramatically increase liability under Illinois' Biometric Information Privacy Act (BIPA), which could lead to many more class action lawsuits against transportation companies operating in Illinois.
- Transportation Brief: Massachusetts Considers ABC Test for Joint EmploymentIn the Jinks v. Credico oral argument before the Massachusetts Supreme Judicial Court, the Court may reject using Massachusetts’ ABC test in the joint employer context. During oral argument in early October, several justices were skeptical, suggesting it would be unworkable to apply the ABC test to determine whether any entity farther up the contracting chain is an employer of a worker who is one or multiple steps removed. More on this decision from the Massachusetts high court that would be a welcome development.
- 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: Supreme Court Asks for Solicitor General to Weigh In On AB 5 Preemption ChallengeThe Supreme Court invited the Solicitor General to file a brief expressing the federal government’s views on whether the Supreme Court should hear California Trucking Association’s suit claiming federal law preempts California’s AB 5, which imposes a restrictive ABC test to determine worker classification.
- 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.
- 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.
- Transportation Brief: Labor Meets Transportation in Surface Transportation Reauthorization BillsCongress is making progress, albeit in fits and starts, towards passing a multiyear surface transportation reauthorization bill. Both versions of these massive bills not only authorize highway spending, but also contain numerous policy-related provisions aimed at trucking. While the future of the legislation and the final provisions are uncertain, now is a good time to look at what may be coming down the road.
- Law Alert: Ninth Circuit Grants Stay; Injunction Against Enforcement of AB-5 Against Motor Carriers Remains in PlaceThe United States Court of Appeals for the Ninth Circuit granted California Trucking Association’s request for a stay of the mandate in order to allow CTA to petition the Supreme Court for review of the Ninth Circuit’s holding in CTA v. Bonta that the restrictive ABC test in AB-5 is not preempted by the Federal Aviation Administration Authorization Act of 1994.
- Law Alert: Ninth Circuit Denies Rehearing in CTA CaseThe United States Court of Appeals for the Ninth Circuit has denied the California Trucking Association’s (CTA) request for an en banc review of the Ninth Circuit’s April 28 decision that found the CTA was unlikely to succeed on its claim that the Federal Aviation Administration Authorization Act of 1994 (F4A) preempts AB-5, the California legislature’s imposition of a restrictive ABC test.
- Law Alert: Congress Moves A Step Closer to Examining Truck Lease-Purchase AgreementsThe Senate Commerce Committee passed on a bipartisan basis its contribution to a surface transportation reauthorization bill that includes a threat to lease-purchase agreements in the trucking industry.
- Law Alert: 9th Circuit Rules AB-5 Not Preempted On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that California Trucking Association (CTA) was unlikely to succeed on the merits with respect to its claim that AB-5, the California legislature’s imposition of a restrictive ABC test, is preempted by the Federal Aviation Administration Authorization Act of 1994 (F4A). What is the future of AB-5 and how will it affect the transportation industry?
- Scopelitis in the News: "House Passes PRO Act Bill That Includes ABC Test." March 9, 2021. FreightWaves.Scopelitis President & Managing Partner Greg Feary in FreightWaves on what to expect in 2021 regarding the ABC Test.
- 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: Regulatory Outlook for the New AdministrationThat elections have consequences is generally accepted, but agreement on what those consequences are is less universal. If the Biden administration’s early focus is undoing the regulatory actions of the Trump administration, what will the consequences be for trucking outside of the DOT?
- Law Alert: Ninth Circuit Upholds California Meal and Rest Break PreemptionThe United States Court of Appeals for the Ninth Circuit delivered good news for the trucking industry today, upholding the Federal Motor Carrier Safety Administration’s determination that California’s meal and rest break rules are preempted under 49 U.S.C. § 31141.
- Law Alert: DOL Publishes Final IC RuleThe Department of Labor published the text of its final rule establishing the test for independent contractor status under the Fair Labor Standards Act. The text remained largely unchanged from the initial language released in the Notice of Proposed Rulemaking published last September. The final rule is an economic realities test with a two-tier analysis.
- Scopelitis in the News: "Winning the Future in Customized Logistics and Delivery Requires Getting Upstream." Fall 2020. Customized Logistics and Delivery Magazine.Scopelitis President and Managing Partner Greg Feary on potential regulations that could most impact the transportation industry in the coming years.
- Law Alert: California Court of Appeal Rules AB5 not Preempted by FAAAAThe 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.
- Scopelitis in the News: "Election 2020: Trucking Industry Reacts." November 13, 2020. FleetOwner.Scopelitis President and Managing Partner Greg Feary in FleetOwner on significant changes the Biden administration has advertised that would impact trucking.
- Scopelitis in the News: "Arkansas Approves Sales Tax; Rideshare Drivers Score Win in California." Transport Topics. November 5, 2020.Scopelitis President & Managing Partner Greg Feary on Proposition 22 and the transportation industry and how the dependent Scopelitis contractor model may be an alternative to the binary classification system of an employee or independent contractor.
- Law Alert: California Voters Say YES to Prop 22Prop 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 IndustryThe 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.
- Transportation Brief: Spotlight on Mergers & AcquisitionsNews regarding independent contractor misclassification considerations continues to make headlines. Among the many reasons that industry leaders follow these developments so closely is their potential to materially impact a business’s sale—both for a seller or a buyer.
- Law Alert: DOL Releases Text of New IC Rule for FLSAThe U.S. Department of Labor (DOL) released a proposed rule to determine independent contractor status under the Fair Labor Standards Act (FLSA). The proposal is expected to be published in the Federal Register later this week or early next week. Comments will be due 30 days following formal publication.
- Law Alert: Ninth Circuit Holds Oral Argument on CTA’s Challenge to AB5The 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: FMCSA Seeks Comment on Proposal Regarding Broker TransparencyThe Federal Motor Carrier Safety Administration (FMCSA) has published a request for comment in response to a petition filed by the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC) regarding broker records.
- Law Alert: Ninth Circuit Weighs in on the “Transportation Worker” Exemption from the FAAThe U.S. Court of Appeals for the Ninth Circuit issued a long-awaited opinion in a case involving the “transportation worker” exemption from the Federal Arbitration Act (FAA).
- Law Alert: Court Says Uber and Lyft Cannot Classify Their Drivers as Independent ContractorsA California state court granted a preliminary injunction sought by the State of California to prohibit and restrain Uber and Lyft from classifying their drivers as independent contractors and from violating any provisions of the California Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission.
- Transportation Brief: Key Cases Addressing the Reach of California’s Strict Wage and Hour Laws
On a certified question from the Ninth Circuit Court of Appeals, the California Supreme Court decided a pair of cases that will certainly impact California wage and hour class actions against motor carriers. Read more from Scopelitis regarding what this means for the transportation industry.
- Transportation Brief: COVID-19 and Workplace LiabilityAs companies reopen, a primary concern is liability for workers or customers who may claim to have been exposed to COVID-19 in their business. This may arise as a workers’ compensation claim, a claim for negligent sanitation or failure to implement or enforce social distancing measures. Read more about these evolving pandemic-related issues.
- Law Alert: First Circuit Rules that Delivery Drivers Need Not Cross State Lines to Be Exempt from the Federal Arbitration ActThe U.S. Court of Appeals for the First Circuit held that last-mile drivers who do not cross state lines are nonetheless interstate “transportation workers” exempt from the FAA so long as they transport goods or people within the “flow of interstate commerce.” The First Circuit’s opinion is the first circuit-level holding on this issue. Read the latest.
- Law Alert: California Supreme Court Decides Key Wage and Hour Cases Impacting Interstate WorkersOn a certified question from the Ninth Circuit Court of Appeals, the California Supreme Court decided a pair of cases that will certainly impact California wage and hour class actions against motor carriers. Read more about what that means for the transportation industry.
- Law Alert: Revised PPP Loan Forgiveness Application ReleasedSBA and Treasury released the promised revised Form 3508 Paycheck Protection Program (PPP) Loan Forgiveness Application. Form 3508 can be found here, and its instructions here.
- Law Alert: PPP Loan Landscape Changes AgainThe Senate, by unanimous consent, approved the bill passed by the House last week that provides significant changes to the Paycheck Protection Program Loan landscape. The President is expected to sign the bill. The legislation provides borrowers greater flexibility with respect to the PPP loan forgiveness process. Read more.
- Law Alert: PPP Loan Forgiveness Interim Final Rule ReleasedScopelitis insight on the SBA and Treasury's Interim Final Rule (IFR) providing guidance for the calculation of PPP borrower loan forgiveness.
- Law Alert: PPP Loan Forgiveness Application and Instructions ReleasedSBA and Treasury released the Paycheck Protection Program loan forgiveness application and instructions, which can be found here.
- Law Alert: PPP Loan Certification Safe Harbor and Repayment ExtensionThe latest regarding the scope of the Safe Harbor and the PPP loan program.
- News from Scopelitis: Law360 Names Scopelitis President & Managing Partner Greg Feary to 2020 Transportation Editorial Advisory BoardThe editorial advisory board will provide feedback on Law360's coverage and insight on how best to shape future coverage of the industry.
- Scopelitis in the News: "How the DOE National Average is Created and Why It Doesn't Tell You Everything About the Cost of Diesel for Truckers." FreightWaves. April 21, 2020.Scopelitis President & Managing Partner Greg Feary in FreightWaves on fuel surcharges.
- Scopelitis in the News: "Appeals Court Denies Teamsters Motion in California Trucking Association Lawsuit." April 2, 2020. Transport Topics.Scopelitis President & Managing Partner Greg Feary in Transport Topics regarding the latest development on California AB 5.
- Scopelitis in the News: "Coronavirus Weaponizes Debate Over California’s AB5." April 1, 2020. FreightWaves.Scopelitis President and Managing Partner Greg Feary in FreightWaves on the coronavirus pandemic's effect on the debate regarding how AB 5 legislation applies to the transportation and logistics industry.
- Scopelitis in the News: "Court Keeps Trucking Out of AB5 Enforcement, For Now." March 31, 2020. Journal of Commerce.Scopelitis President & Managing Partner Greg Feary in Journal of Commerce regarding the US Ninth Circuit Court of Appeals denying an appeal by the International Brotherhood of Teamsters to stay a federal district court’s preliminary injunction issued in January that prohibits enforcement of the AB5 worker classification bill as it applies to trucking.
- Law Alert: Motion to Stay Order Enjoining Application of AB 5 to Motor Carriers DeniedLate 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.
- Transportation Brief: AB5 and ABC: The Story ContinuesTwo recent decisions have clarified how courts might interpret and analyze California Assembly Bill 5 (AB5). In addition, New Jersey continues to move forward with its efforts to create a more California-like environment. Read more about this and other legislation relating to independent contractors.
- Law Alert: AB 5 Preliminary Injunction GrantedCalifornia 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 ExtendedCalifornia 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 GrantedOn 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.
- Transportation Brief: Spotlight on Independent Contractor Legislative CounselAs California AB 5 made clear, state-level changes to independent contractor (IC) status can significantly change the business operations of a motor carrier in any given state and can have a domino effect on operations even beyond the borders of that state. Read more about how Scopelitis' IC legislative counsel practice regularly assists clients, state associations, industry associations, and coalitions with monitoring recent legislative activity that could impact IC status.
- Transportation Brief: AB 5 – Practical Solutions to a Thorny ProblemCompanies and owner-operator businesses are both searching for practical solutions to the problem presented by California Assembly Bill 5 (AB 5). Read more from Scopelitis regarding solutions that are developing as the best options for tackling the practical realities of equipment and professional services that companies face.
- 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.
- Scopelitis in the News: "California's Dynamex Law Will Erode Entrepreneurship." October 3, 2019. Law360.Scopelitis President & Managing Partner Greg Feary in Law360 on California AB 5's impact on the transportation industry and beyond.
- Scopelitis in the News: "California’s Contractor Law Has Steep Implications for Trucking: Here’s What Your Fleet Needs to Know." September 16, 2019. Commercial Carrier Journal.Scopelitis President & Managing Partner Greg Feary in CCJ regarding potential strategies for trucking fleets to comply with California’s A.B. 5 law, particularly implications for contracted owner-operators hauling loads for fleets.
- Scopelitis in the News: "Trucking Industry Raises Alarms on California Gig Economy Legislation." September 12. 2019. The Wall Street Journal's Logistics Report.Scopelitis President & Managing Partner Greg Feary quoted in The Wall Street Journal's Logistics Report on California's AB 5 Legislation and it's potential to undercut trucking’s independent-contractor model.
- Scopelitis in the News: "California Passes Bill That May Affect Independent Contractor Status for Truckers." September 12, 2019. Transport Topics.Scopelitis President & Managing Partner Greg Feary in Transport Topics regarding California lawmakers passing a bill that codifies into law a 2018 state Supreme Court decision that makes it easier for independent contractors to become reclassified as employees of motor carriers.
- Law Alert: California ABC Test - Controversial AB 5 Moves to GovernorScopelitis 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.
- Scopelitis in the News: "California Bill Set to Reshape Drayage Landscape." September 5, 2019. Journal of Commerce.Scopelitis President & Managing Partner Greg Feary in Journal of Commerce regarding California lawmakers being on track to pass a law that would fundamentally alter the relationship between trucking companies and draymen, potentially reshaping the market more toward a broker-carrier model used in the truckload industry.
- Scopelitis in the News: Report Links Owner-Operators to Low Rates of Compliance with California Clean Truck Regulations." August 30, 2019. FreightWaves.
- Transportation Brief: Dynamex Weeds are Growing in the Garden StateSupposed public policy concerns akin to those expressed by the Dynamex court have recently popped-up in New Jersey (another ABC Test state), thereby increasing the Garden State’s allure to adversaries as fertile ground for a misclassification battlefront.
- Transportation Brief: Mergers & Acquisitions - Deal Failures in Hot Trucking MarketRecently private equity firms and a steady stream of strategic buyers in the trucking market have taken a renewed and active interest in acquiring transportation businesses. Despite an active market, in part due to greater availability of loans and underwriting insurance, deal failures have occurred with greater frequency. In many cases, a mock due diligence audit can reveal some common issues.
- Scopelitis in the News: "California Legislation to Codify ABC Employee-Contractor Test Gains Approval of State Assembly." June 5, 2019. Transport Topics.Scopelitis President & Managing Partner Greg Feary in Transport Topics regarding legislation that has passed in California’s State Assembly that would mandate use of the “ABC test” and its potential effect on motor carriers' use of use independent contractors.
- Scopelitis in the News: Trucking Seeks Exemption in Latest California Contractor Proposal, June 3, 2019. FreightWaves.Scopelitis President & Managing Partner Greg Feary in FreightWaves regarding California's AB 5 legislation, which seeks to codify into law the so-called “ABC Test,” an assessment set forth in last year’s landmark Dynamex decision.
- Law Alert: Dynamex Legislation Passes California AssemblyScopelitis attorneys offer an update on the potential application of the Dynamex standard.
- Law Alert: DOL Issues Opinion Letter Deeming Gig Economy Workers Independent ContractorsScopelitis attorneys highlight key facts and circumstances considered by the DOL under each factor of the economic realities test.
- Law Alert: Western States Trucking Association's FAAAA Preemption Argument Dismissed by California District CourtOn March 29, the U.S. District Court for the Eastern District of California held that the FAAAA does not preempt the application of the Dynamex ABC Test to a motor carrier for purposes of determining whether owner-operators are considered employees under California’s Wage Orders. Read more on what this ruling means for the transportation industry.
- Transportation Brief: Spotlight on Scopelitis Emerging Tech PracticeThe way transportation companies conduct business today is changing quicker than ever, with technology presenting new opportunities and challenges. The Scopelitis Firm actively follows these changes and frequently assists newly-formed, technology-based transportation companies and established companies that seek to adopt new technologies to enhance their existing business model.
- Scopelitis Legislative News - March 2019Updates from Scopelitis' Legislative Services team.
- Scopelitis in the News: "The California Independent Contractor Crisis: Undermining the Owner-Operator." Overdrive Magazine. February 4, 2019.Scopelitis President & Managing Partner Greg Feary on independent contractor classification in Overdrive Magazine.
- Law Alert: NLRB Re-Focuses Its Independent Contractor TestMore on The National Labor Relations Board determination that van drivers franchised with SuperShuttle DFW, Inc., were properly classified as independent contractors rather than employees. Ion organizing or other concerted activity exists.
- Law Alert: Unemployment Tax IC Status Decision Q.D.-A., Inc. v. Indiana Dept. of Workforce DevelopmentThe Indiana Supreme Court issued a unanimous opinion in Q.D.-A., Inc. v. Indiana Department of Workforce Development. Read insight from Scopelitis attorneys.
- Scopelitis in the News: "Feary & Cohen: Changes Might Affect Transportation Independent Contractors." Indiana Lawyer. January 23, 2019.Scopelitis Partners Greg Feary and Shannon Cohen in Indiana Lawyer on a decision that may impact independent contractor relationships across the country, especially in the transportation industry.
- Law Alert: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from the Federal Arbitration ActRead more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v. Oliveira.
- Law Alert: California Joint and Several Motor Carrier ListPursuant 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.
- Scopelitis in the News: "California’s ABC Test: The Fundamental." January 3, 2019. Trimble Transportation Blog.Scopelitis President & Managing Partner Greg Feary talks motor carrier concerns regarding the Dynamex case and the ABC test.
- Scopelitis in the News: "The Biggest Transportation Rulings of 2018." December 14, 2018. Law360Scopelitis President and Managing Partner Greg Feary discusses the California Supreme Court's April 2018 Dynamex decision with Law360.
- Law Alert: Dynamex subject to FAAAA preemptionRead more on the California Federal District Court Decision that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts the application of the “Dynamex” ABC Test to a motor carrier.
- Scopelitis Legislative News - December 2018Trends covered in this issue:
• Midterm Election Shifts
• Infrastructure Funding on the State Level
• Portable Benefits Model for Independent Contractors
• Upcoming DOT Funding
• Will Divided Congress be Productive?
• FMCSA Signals Aggressive Timeline
- Law Alert: U.S. Supreme Court Hears Oral Argument in New PrimeRead more on the oral argument in New Prime, Inc v. Oliveira a case primarily about whether trucking independent contractors are exempt from the Federal Arbitration Act (FAA).
- Video Law Alert: New Prime Oral Argument PreviewRead a preview of next week’s oral argument in a trucking case pending before the United States Supreme Court that will significantly impact the use of arbitration to resolve disputes with owner-operators.
- Law Alert: California’s Meal and Rest Break Requirements PreemptedRead more on California Meal and Rest Break Laws Preempted With Respect To Hazmat Drivers.
- Law Alert: NJ Unemployment Tax Owner-Operator Exemption GuttedRead Scopelitis' take on the New Jersey Department of Labor and Workforce Development notice that it had adopted substantial changes to the regulations interpreting what constitutes necessary evidence under New Jersey’s unemployment tax independent contractor exemptions applicable to a wide range of industries -NJ Stat. Ann. S 43:21-19(i)(7).
- Law Alert: California Supreme Court Denies Petition for Rehearing in DynamexRead Scopelitis' take on California Supreme Court denying the Dynamex petition for rehearing.
- Law Alert: Supreme Court Allows Class Waivers in ArbitrationRead Scopelitis' take on the Supreme Court ruling that Class-Action and Collective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA
- Transportation Brief: Buyers Be DiligentWhen considering the acquisition of a motor carrier operation, a number of due diligence matters specific to transportation should be analyzed. Read more here.
- Law Alert: California Supreme Court Clarifies Test for Employment Status Under IWC Wage OrdersRead Scopelitis' take on the California Supreme Court decision.
- Law Alert: Supreme Court to Consider the “Transportation Worker” Exemption from the Federal Arbitration ActRead Scopelitis' take on the U.S. Supreme Court agreeing to hear an appeal by motor carrier New Prime, Inc. challenging a decision by the U.S. Court of Appeals for the First Circuit that found the company’s owner-operators worked under “contracts of employment.”
- Law Alert: Pennsylvania IC WithholdingRead Scopelitis' take on a new Pennsylvania non-employee withholding requirement.
- Scopelitis Legislative News - October 2017Trends covered in this issue:
• States Prepare for 2018 Sessions
• The Emerging Economy Continues to Impact Legislatures
• IC Certification Procedures on the Rise?
• Appropriations for the Department of Transportation Advances in the House
• FMCSA Administrator Nomination Announced
• Joint Employer Clarification Bill Advances
• Autonomous Vehicle Bills Advance
- Law Alert: ALJ Finds Misclassifying Independent Contractor Drivers Violates the NLRARead Scopelitis' take on the ALJ decision.
- Transportation Brief: Best Practices for Structuring Lease-Purchase ProgramsResponding to increased interest in entrepreneurship opportunities and capacity demands, many lease-purchase programs are available for sole proprietor owner-operators.
- Transportation Brief: Occupational Accident Coverage in the Gig EconomyThe collaborative economy or “gig economy” continues to make its mark on the independent contractor landscape. As these services and the companies that oversee them mature, the market is responding to contractors’ business needs in much the same way the market has responded to independent contractors in other, more traditional business models.
- 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.
- Scopelitis in the News: "Tech firms see big tech opportunity in freight apps." August 19, 2017, Indianapolis Business Journal (IBJ)Scopelitis President & Managing Partner Greg Feary on tech innovation in the freight industry.
- Scopelitis in the News: "Trucking industry report was inaccurate." July 2, 2017, IndyStarScopelitis President and Managing Partner Greg Feary on USA Today's "Rigged" series.
- Law Alert: First Circuit Denies Full-Court Review of Arbitration Opinion Unfavorable for Transportation ProvidersRead more on Scopelitis' take on First Circuit decision.
- Scopelitis in the News: Feary Responds to "Rigged"Scopelitis President & CEO Greg Feary Responds to USA Today's story on the trucking industry.
- Scopelitis in the News: "USA Today Report Misses Mark." June 26, 2017 Transport Topics.Transport Topics' coverage of Scopelitis President & CEO Greg Feary's response to USA Today's story on the trucking industry.
- Scopelitis in the News: "City Mulls Taxi Rule Changes in Era of Uber, Lyft." June 17, 2017, Indianapolis Business Journal (IBJ)Scopelitis Partners Greg Feary and Shannon Cohen share insights with IBJ on state legislation governing app-based ride-hailing companies.
- Scopelitis Legislative News - June 2017This newsletter includes a sampling of noteworthy developments or trends affecting transportation in Congress or the state legislatures during the last two months.Trends covered in this issue:• Scopelitis Law Alert: U.S. DOL Announces Withdrawal of Joint Employment, Independent Contractor Informal Guidance
• States Seek Infrastructure Funding
• Lowering Roadblocks to Platooning
• States React to Gig Economy
• FY 2018 Presidential Budget
• DOT Personnel Changes
• Regulatory Reform
• Tax Reform
• FMCSA Withdraws Minimum Insurance Limits Rulemaking
• Entry-Level Driver Training Rule
• FMCSA Split-Sleeper Berth Pilot
• Rescission of USDOL Persuader Rule Submitted to OMB
- Scopelitis in the News: "Labor Department Withdraws Informal 2015 Guidance on Role of independent Contractors." June, 10, 2017, DC Velocity.Scopelitis President & Managing Partner Greg Feary shares insights with DC Velocity on U.S. DOL's decision to withdrawal an informal interpretation of labor law issued in 2015.
- Scopelitis in the News: "Trump DOL Relieves Pressure Surrounding Obama-era Changes to Owner-Operator Model." June 9, 2017, Commercial Carrier Journal (CCJ)Scopelitis President & Managing Partner Greg Feary shares insights with CCJ on U.S. DOL's decision to withdrawal joint employment, independent contractor informal guidance
- Scopelitis Legislative News - March 2017This newsletter is an overview of noteworthy developments or trends affecting transportation in Congress or the state legislatures so far in 2017.
Trends covered included in this newsletter:• National Carrier Hiring Standard
• Regulatory Reform
• Class Action Reform
• 2018 Presidential Budget
• States Seek Infrastructure Funding
• Lowering Roadblocks to Platooning
- Transport Topics
Labor Department’s Misclassification Guidance
- Scholarship Intended to Open Doors for Students
- O-O Model Forces Fleets To Lean on Legal Services
”This is the worst environment yet for independent contractor operations,” said Gregory Feary, managing partner of Scopelitis, Garvin, Light, Hanson & Feary. “Lots of companies are successful at it, but you really need to know what you’re doing.”
- The Owner-Operator Business Model
- Transport Topics
Tips for a ‘Hard’ Insurance Market - November 2003
- Commercial Carrier Journal
Reward for Risk
- PEO Insider
Employment Practices Liability Insurance Coverage in Non-Employer Situations
- PEO Insider
Association Plans: Salve or Salt for Group Health Wounds?