Scopelitis, Garvin, Light, Hanson & Feary, P.C.

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Attorneys

Attorney Details

Prasad Sharma

Practice Concentration

Mr. Sharma focuses his practice on advocacy before state and federal legislative and regulatory bodies and advises on a wide array of regulatory compliance issues. He leads from the firm’s Washington D.C. office on legislative support initiatives and provides a legal liaison function to firm clients seeking transportation and logistics industry national and state association outreach and issue-specific coordination of desired legislative outcomes.

Profile

Prior to joining the firm, Mr. Sharma spent fifteen years as in-house counsel at American Trucking Associations, Inc., where he spent his last four years as senior vice president and general counsel, as well as executive vice president and general counsel to the ATA Litigation Center. Mr. Sharma was actively involved in crafting numerous pieces of legislation at the federal level and notably crafted the motor carrier anti-indemnification legislation that has been enacted by nearly 40 states. Mr. Sharma has frequently spoken on independent contractor issues, motor carrier regulations, and legislative developments. Before going to law school, Mr. Sharma worked for Senator Bob Dole (KS), assisting on foreign policy, trade, and defense issues.

On The Road

Publications

  • Transportation Brief: What Constitutes “Interstate Commerce” Under the Federal Arbitration Act Remains Murky
    Courts continue to grapple with whether certain workers are “engaged in interstate commerce” for purposes of the exemption from the Federal Arbitration Act for transportation workers. The Ninth Circuit recently held that drivers transporting goods from Domino’s Pizza supply centers to franchisees were engaged in interstate commerce, even though the drivers did not cross state lines. When Domino’s asked the U.S. Supreme Court for a review, the Court vacated the Ninth Circuit’s decision, sending the case back for further proceedings in light of its recent decision in Southwest Airlines Co. v. Saxon. What do Scopelitis attorneys think about how to interpret this decision?
  • Transportation Brief: Spotlight on The Scopelitis Workplace & Data Privacy Practice
    The supply chain industry understands how technology and the accumulation of data have shaped today’s economy. With the proliferation of data collection, governments around the world have created a confusing, contradictory, and patchwork set of laws and regulations targeted at data privacy. The laws often have consequences for businesses that fail to adhere to their complex requirements. To mitigate risk relating to the collection and processing of data in business operations, the Firm’s Workplace Data Privacy Practice provides overviews of the regulatory and legal requirements relating to data privacy and security, risk analyses of conducting business in certain states or countries, review and negotiation of contract provisions relating to data privacy and security, and more. Learn more about how attorneys in this practice work to provide tailored, timely advice to clients.  
  • Transportation Brief: DOL Independent Contractor Rule - And Now We Wait
    The DOL issued a proposed rule on worker status under the FLSA on October 13, 2022. In the Proposed Rule, the DOL formally rescinds the prior rule promulgated in 2021 under the Trump Administration and replaces it with a multifactor economic realities test that tilts in favor of finding employee status under the FLSA when compared to the 2021 rule. More insight from Scopelitis on takeaways from the 55,000 public comments, what we can expect from the DOL now that the real work is underway, and what DOL’s timeline might be.
  • Law Alert: FMCSA Announces Guidance on Definition of “Broker” and “Bona Fide Agent” as well as on Role of Dispatch Services
    FMCSA will issue guidance regarding the definition of what constitutes a “broker” and a “bona fide agent” of a broker. The guidance is not a rulemaking and will be effective immediately. However, FMCSA has nevertheless requested comment on the guidance and may issue updated guidance based on comments received. The comment period will be open for 60 days. The guidance is issued pursuant to a mandate of the IIJA, which directed FMCSA to consider the role of so-called “dispatch services” in transportation and whether such services can be considered a “bona fide agent” of a motor carrier. The question of whether a dispatch service can be a bona fide agent of a motor carrier is important because bona fide agents of motor carriers are not required to hold broker authority when acting in the capacity of an agent of the motor carrier. 
  • Law Alert: USDOL Releases Proposed Rule On Worker Status Under the Fair Labor Standards Act
    The 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: Individual PAGA Claims Can be Arbitrated, But Only Where the FAA Applies
    The U.S. Supreme Court held that California’s long-standing rule prohibiting parties from agreeing to arbitrate Private Attorneys General Act (PAGA) claims is preempted by the Federal Arbitration Act (FAA). However, there are limits to the holding. Read more from Scopelitis on those limits.
  • Transportation Brief: AB 5 Petition Denied by U.S. Supreme Court
    On 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.
  • Transportation Brief: Supreme Court Addresses “Transportation Worker” Exemption from the FAA
    In a unanimous opinion, the U.S. Supreme Court clarified who qualifies as a “transportation worker” for purposes of the exemption from the Federal Arbitration Act (FAA). In Southwest Airlines v. Saxon, the Court held that an airline’s ramp supervisor, who regularly performed loading and unloading of luggage, mail, and cargo, was exempt from the FAA. Read more about the Court’s reason and how it might apply to workers.
  • 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.
  • Law Alert: Supreme Court Denies Certiorari in CTA v. Bonta
    The 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 Challenge
    Although 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 Conference
    The 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 Act
    In 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-5
    The 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: New Federal Arbitration Law - Impact on Transportation Providers
    Congress passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The primary provisions of the new law appear to fall outside of the Federal Arbitration Act (FAA). However, the law does amend certain parts of the FAA to ensure that the new provisions concerning sexual assault and harassment claims apply “notwithstanding” anything to the contrary found in the FAA. Our arbitration team shares key takeaways for transportation providers.
  • Transportation Brief: Transportation Worker Exemption from the FAA Requires a “Contract of Employment”
    Employers have successfully used arbitration under the Federal Arbitration Act (FAA) to resolve disputes on an individual basis. Unfortunately for transportation providers, the FAA does not apply to “contracts of employment” of drivers and other transportation workers who are engaged in interstate commerce. Read more about a recent decision from Massachusetts that reminds us that if the arbitration provision is not in a “contract of employment,” the FAA may still apply.
  • Law Alert: Supreme Court Stays OSHA’s Vaccine/Testing Mandate
    The 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 Shape
    The 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: Massachusetts Considers ABC Test for Joint Employment
    In 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 Developments
    The 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 Challenge
    The 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 Stayed
    The 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 Testing
    President 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: Labor Meets Transportation in Surface Transportation Reauthorization Bills
    Congress 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 Place
    The 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 Case
    The 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 Agreements
    The 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.
  • Transportation Brief: The PRO Act – Dropping Barriers for Unions
    In a sea of legislation threatening business interests, the PRO Act or Act stands out as particularly harsh, making it easier for unions to represent workers. With the recent Amazon vote to reject union representation typifying a longer-term trend among workers, Democrats in Congress seek to re-write the rules according to what many have characterized as a union’s wish list. Learn more about the PRO Act and upcoming democratic control of the NLRB.
  • 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?
  • Law Alert: DOL Opinion Letters on Gig Economy Workers and Compensability of Sleeper Berth Time Withdrawn
    The 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: A Bumpy Road for Arbitration Under the Biden Administration?
    With a new administration taking control, there may be renewed focus on efforts to curtail the use of mandatory arbitration agreements. What can we expect? 
  • Transportation Brief: Regulatory Outlook for the New Administration
    That 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 Preemption
    The 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 Rule
    The 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.
     
  • 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: No Circuit Split (Yet) on the FAA “Transportation Worker” Exemption
    In the Summer edition of The Transportation Brief, we discussed the First Circuit’s recent holding that Amazon’s “AmFlex” delivery drivers are exempt from the Federal Arbitration Act (FAA), even if they do not cross state lines, because the goods they transport are moving in interstate commerce. Since then, the Ninth Circuit has agreed with the First Circuit in another case involving AmFlex drivers (over a strong dissent), while the Seventh Circuit reached the opposite conclusion (i.e., that delivery drivers are not exempt) in a case involving GrubHub.
  • Law Alert: DOL Releases Text of New IC Rule for FLSA
    The 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 Weighs in on the “Transportation Worker” Exemption from the FAA
    The 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 Contractors
    A 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: PPP and Beyond: Where Can I Turn For Additional Help?
    The Paycheck Protection Program (PPP), although credited with helping the economy stay afloat and keeping workers employed, has not been a model of clarity. A constant drip of new rules and guidance, leaves many questions unanswered. Read the latest.
  • Transportation Brief: Circuit Courts Grapple with the “Transportation Worker” Exemption
    The Supreme Court’s holding in New Prime has not been the death knell for the transportation industry’s efforts to enforce arbitration agreements under the FAA. Instead, the fight has moved to another element of the exemption, namely, whether the individual belongs to a class of workers engaged in interstate commerce. Read more about the First Circuit's ruling, unsettled questions on this topic, and the potential for transportation arbitration cases to appear on the Supreme Court's docket in the future.
  • Law Alert: First Circuit Rules that Delivery Drivers Need Not Cross State Lines to Be Exempt from the Federal Arbitration Act
    The 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: FMCSA Extends Emergency Declaration Through August 14, 2020
    FMCSA announced an extension of its Modified Emergency Declaration through August 14, 2020, allowing motor carriers and drivers providing direct assistance to the COVID-19 emergency relief efforts to continue operating under the exemptions set forth in the declaration through that date.
  • Law Alert: Revised PPP Loan Forgiveness Application Released
    SBA 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 Again
    The 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 Released
    Scopelitis 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 Released
    SBA and Treasury released the Paycheck Protection Program loan forgiveness application and instructions, which can be found here.
  • Law Alert: FMCSA Announces Hours-of-Service Final Rule
    FMCSA announced its long-awaited hours-of-service final rule, making four significant revisions to the agency’s hours-of-service rules in Part 395 of the Federal Motor Carrier Safety Regulations.
  • Law Alert: PPP Loan Certification Safe Harbor and Repayment Extension
    The latest regarding the scope of the Safe Harbor and the PPP loan program.
  • Law Alert: FMCSA Extends Emergency Declaration Through June 14, 2020
    The FMCSA announced an extension of its Emergency Declaration through June 14, 2020, allowing motor carriers and drivers providing direct assistance to the COVID-19 emergency relief efforts to continue operating under the exemptions set forth in the declaration through that date.
  • Law Alert: FMCSA Issues Temporary Waiver for Drivers with Expiring CDLs, CLPs, Operator’s Licenses, and Medical Cards
    FMCSA issued a limited waiver for commercial drivers whose CDLs, CLPs, operator’s licenses, and/or medical cards have expired or are set to expire after March 1, 2020. The waiver, which is effective immediately and valid through June 30, 2020, comes in response to state DMV and medical clinic closures that have made it difficult for commercial drivers to renew expiring licenses and medical cards in the midst of the COVID-19 pandemic.
  • Law Alert: FMCSA Issues Expanded Emergency Declaration for COVID-19 Relief Efforts
    FMCSA issued an Expanded Emergency Declaration on Wednesday afternoon, adding to the list of transportation services covered under the exemption and clarifying the exemption’s carve-out for “mixed loads.”
  • Law Alert: FMCSA Issues Federal Emergency Declaration and Limited Regulatory Reprieve for COVID-19 Relief Efforts
    The FMCSA has issued an emergency declaration, temporarily suspending certain federal safety regulations, including hours-of-service rules, for motor carriers and drivers providing vital supplies and services in response to the COVID-19 pandemic.
  • Transportation Brief: California Takes Aim at Mandatory Arbitration
    The Governor of California recently signed into law AB 51. Read more about how the new law impacts transportation businesses and what you should do now that AB 51 is law.
  • Transportation Brief: Spotlight on Independent Contractor Legislative Counsel
    As 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: Dispatches
    Transportation Industry News & Trends
  • Scopelitis in the News: "Perspective: Putting Safety Above ‘Misclassification.'" July 8, 2019. Transport Topics.
    An op-ed written by Washington, D.C.-based Scopelitis Partner Prasad Sharma on a recent effort in a state legislature that threatens to impede progress in trucking safety.
  • Scopelitis Legislative News - June 2019
    Legislative updates from Scopelitis including FY 2020 Transportation Appropriation, infrastructure spending, autonomous vehicles, and portable benefit models and independent contractor status. 
  • Transportation Brief: Supreme Court Weighs in on Arbitration with Owner-Operators
    At issue in New Prime, Inc. v. Oliveira, decided on January 15, 2019, was whether Mr. Oliveira—who personally drove a lease-purchase truck—was exempt from the Federal Arbitration Act (FAA) because he had a “contract of employment.” The answer would determine whether Prime could invoke the FAA to enforce an arbitration agreement Mr. Oliveira had agreed to.
  • Scopelitis Legislative News - March 2019
    Updates from Scopelitis' Legislative Services team.
  • Law Alert: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from the Federal Arbitration Act
    Read more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v. Oliveira.
  • Scopelitis in the News: "Infrastructure, Trade Loom Large for Trucking in the New Year." January 4, 2019. Transport Topics.
    Scopelitis Partner Prasad Sharma in Transport Topics on the DRIVE-Safe Act and infrastructure. 
  • Scopelitis Legislative News - December 2018
    Trends 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: Sears Files for Bankruptcy
    Read more on the Sears Holding Corporation and almost 50 related companies, including both Kmart and Innovel Solutions (collectively “Sears”), having filed Chapter 11 bankruptcy cases in the Southern District of New York Bankruptcy court.
  • Law Alert: U.S. Supreme Court Hears Oral Argument in New Prime
    Read 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 Preview
    Read 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 Preempted
    Read more on California Meal and Rest Break Laws Preempted With Respect To Hazmat Drivers.
  • Scopelitis in the News: "Supreme Court Turns Aside J.B. Hunt on Truck Driver Suit." June 8, 2018, Wall Street Journal.
    Scopelitis Partner Prasad Sharma quoted in WSJ on the U.S. Supreme Court turning aside J.B. Hunt Transport Inc.’s appeal of a court ruling allowing a class-action case seeking enforcement of California rules on wages, rest breaks for drivers the class-action suit to move ahead.
  • Scopelitis Legislative News - October 2017
    Trends 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
  • Scopelitis Legislative News - June 2017
    This 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 Legislative News - March 2017
    This 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
  • Transportation Brief: First Circuit Deals Blow to Hair-Testing
    On December 28, 2016, the United States Court of Appeals for the First Circuit dealt a setback to the Boston Police Department’s hair-testing program used to assess an individual’s prior use of banned drugs. Jones v. City of Boston, No. 15-2015 (1st Cir. 2016). The decision may impact the potential use of hair testing programs in the trucking industry in lieu of currently prescribed pre-employment urine-testing.
  • Scopelitis in the News: "Trucker Rest Break, Other Rules In Trouble After Trump Move." March 9, 2017, Law360
    Scopelitis Partner Prasad Sharma talks with Law360 about updates to federal rules governing trucking.