James H. Hanson
Mr. Hanson’s practice focuses on labor and employment issues in the transportation and construction industries.
James H. Hanson has advised and represented numerous employers in the transportation, construction and other industries in a wide variety of management labor and employment-related matters, including defending wrongful discharge and discrimination claims; negotiating severance agreements; preparing employee handbooks, policy manuals and substance abuse and harassment policies; negotiating collective bargaining agreements; conducting counter-union organizing campaigns; handling wage and hour investigations; counseling employers on FLSA, FMLA, and COBRA compliance; and representing employers before the NLRB, the EEOC, the U.S. Department of Labor and other state and federal agencies and in litigation in federal and state courts. He has also advised and represented clients in claims under the Employee Retirement Income Security Act (ERISA) and the Multiemployer Pension Plan Act (MPPAA). Named as one of the top 5% of Indiana lawyers by the 2004, 2005, 2006 and 2008 Indiana Super Lawyers® peer selection survey, Mr. Hanson has lectured nationally on numerous labor and employment matters. Mr. Hanson has also argued before the U.S. Supreme Court.
On The Road
- Update on the Overlap of U.S. DOL and DOT Regulations Impacting Employment Issues
Sep 16, 2019, James H. Hanson, North American Transportation Employee Relations Association’s 2019 Building Block of Employee Relations Conference - Alexandria, VA
- Class Action Update - Escaping the Eruption of Class and Collective Actions
Oct 19, 2017, James H. Hanson, Scopelitis Webinar Series
- Scopelitis Labor & Employment News - August 2019More insight from Scopelitis' L & E 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 Labor & Employment News: Sexual Harassment Prevention Training is Invaluable and a Must in CaliforniaMore on a Sexual Harassment Prevention Training offered by Scopelitis' Labor & Employment practice.
- Scopelitis in the News: "Calif. Truckers' Wage Action Trimmed Under DOT." May 6, 2019. Law360.Scopelitis Partner James Hanson quoted in Law360 regarding a Caliornia district court decision in the Ayala case.
- Scopelitis in the News: "U.S. Xpress Defends Against California Meal and Rest Break Claims." May 6, 2019. FreightWaves.Scopelitis Partner James Hanson quoted in FreightWaves regarding a California federal court's decision to dismiss part of a class-action lawsuit against U.S. Xpress that claimed the Chattanooga, Tennessee-based truckload carrier violated the state’s meal and rest break laws.
- 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.
- Scopelitis in the News: "Citing FMCSA Policy Change, Court Dismisses Suit Against U.S. Xpress Over California Break Laws." May 6, 2019. Overdrive Magazine.Scopelitis Partner James Hanson quoted in Overdrive Magazine regarding a California district court decision to dismiss meal and rest break claims based on FMCSA preemption decision.
- 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.
- 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.
- 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: 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.
- 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: 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”.
- Law Alert: NLRB Invites Comments On Employee Access to Employer Email for Union Organizing PurposesRead insights from Scopelitis on a notice issued by the NLRB on August 1st regarding invites to file briefs on whether the Board should adhere to, modify, or overrule Purple Communications, Inc., 361 NLRB 1050 (2014).
- 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: California Supreme Court Clarifies Test for Employment Status Under IWC Wage OrdersRead Scopelitis' take on the California Supreme Court decision.
- 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: ALJ Finds Misclassifying Independent Contractor Drivers Violates the NLRARead Scopelitis' take on the ALJ decision.
- 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: "Class Wage-and-Hour Litigation is an Ongoing Threat" August, 24, 2016, The Indiana LawyerScopelitis Partners Jim Hanson and Chris Eckhart on the dynamics of class and collective actions and what drives them and why they should be a chief concern of every company that wants to avoid high-stakes, bet-the-company litigation.
- Calif. Truckers’ Wage Case Preempted By US Law: Judge
In a potential boon for the California trucking industry, a federal judge on Wednesday tossed class action claims that Penske Logistics LLC underpaid for meal and rest breaks for employees who delivered Whirlpool Corp. appliances, saying those claims were preempted by federal law.