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

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Attorneys

Attorney Details

Shannon M. Cohen

Practice Concentration


Ms. Cohen primarily practices in the areas of emerging technologies, independent contractor issues and legislative services.


Profile

Shannon McClellan Cohen provides legislative counsel services to the firm’s clients. Ms. Cohen monitors forthcoming and active legislation and regulation pertaining to issues affecting motor carriers, with an emphasis on legislation touching on the independent contractor status of owner-operators using her extensive background with and familiarity of owner-operator programs and issues attendant to the design of a successful owner-operator model. She regularly assists in drafting and revising legislation and assessing and communicating the impact of such legislation on the trucking industry. Ms. Cohen has also been a featured speaker on these topics to industry stakeholders and associations.   


On The Road


Publications

  • Law Alert: California Court of Appeal Rules AB5 not Preempted by FAAAA
    The 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.
  • 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. 
  • Law Alert: Ninth Circuit Holds Oral Argument on CTA’s Challenge to AB5
    The 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. 
  • Transportation Brief: COVID-19 and Workplace Liability
    As 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: Motion to Stay Order Enjoining Application of AB 5 to Motor Carriers Denied
    Late 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 Continues
    Two 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 Granted
    California 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 Extended
    California 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 Granted
    On 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 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: AB 5 – Practical Solutions to a Thorny Problem
    Companies 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.
  • Law Alert: California ABC Test - Controversial AB 5 Moves to Governor
    Scopelitis 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 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. 
  • Law Alert: Dynamex Legislation Passes California Assembly
    Scopelitis attorneys offer an update on the potential application of the Dynamex standard. 
  • Transportation Brief: Spotlight on Scopelitis Emerging Tech Practice
    The 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 2019
    Updates from Scopelitis' Legislative Services team.
  • Law Alert: Unemployment Tax IC Status Decision Q.D.-A., Inc. v. Indiana Dept. of Workforce Development
    The 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: California Joint and Several Motor Carrier List
    Pursuant 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 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: NJ Unemployment Tax Owner-Operator Exemption Gutted
    Read 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: Pennsylvania IC Withholding
    Read Scopelitis' take on a new Pennsylvania non-employee withholding requirement.
  • Scopelitis in the News: Scopelitis Honored with 2017 IMTA Legislative Recognition Award
    Scopelitis recognized for 2017 legislative work.
  • 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
  • Transportation Brief: Occupational Accident Coverage in the Gig Economy
    The 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.
  • Scopelitis in the News: HB 1002 Balances Higher Trucking Fees, Infrastructure Help
    Scopelitis Partners Andy Light and Shannon Cohen share insights with Indiana Lawyer on Indiana House Bill 1002.
  • 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 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