Scopelitis L & E News: November 2019
The Scopelitis Labor & Employment team on making sure your company's fitness/agility tests are legal.
The Transportation Brief®: A Quarterly Newsletter, Autumn 2019
In this issue:
• AB 5 – Practical Solutions to a Thorny Problem
• Bankruptcy Filings on the Rise
• Dash Cam Video Retention Policy
• FMCSA Proposes Revisions to Hours of Service Rules
• PHMSA Updating Rules on the Transportation of Lithium Batteries
• Spotlight on Independent Contractor Legislative Counsel
• Scopelitis Attorneys on the Road
• Scopelitis For the Record
Scopelitis in the News: "ACTA Elects Chairperson." October 24, 2019. Inside Indiana Business.
Scopelitis Partner Mike Langford has been elected ACTA's Chairperson.
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 L & E News: October 2019
Scopelitis' Labor & Employment practice on the growing marijuana trend increases employer uncertainty in drug testing and discipline.
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.
Law Alert: FMCSA Opens Drug & Alcohol Clearinghouse Registration
Scopelitis and STC on how motor carriers can prepare for the January 6, 2020 FMCSA Drug & Alcohol Clearinghouse compliance date.
Law Alert: U.S. DOL Issues Final Rule Raising Overtime Exemption Salary Threshold to $35,568
Scopelitis on the U.S. DOL’s final regulation on workers’ overtime-exempt status.
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: "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.
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.
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 in the News: "Federal Labor Board Ruling Seen as Win for LTL Employers." September 11, 2019. FreightWaves.
Scopelitis Partner Jack Finklea on a decision by the NLRB in a dispute involving a passenger transport contractor and a local transit union could benefit major less-than-truckload (LTL) carriers in their bargaining with the International Brotherhood of Teamsters.
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: "Federal Agency Rules Misclassifying Employees is Not a Violation." September 3, 2019. FreightWaves.
Scopelitis Partner Jack Finklea in FreightWaves on an NLRB determination regarding trucking companies misclassifying drivers as independent contractors.
Scopelitis in the News: Report Links Owner-Operators to Low Rates of Compliance with California Clean Truck Regulations." August 30, 2019. FreightWaves.
Scopelitis President & CEO Greg Feary in FreightWaves regarding a new report that puts another spin on
AB 5, a controversial bill under consideration by the California State Senate that would reclassify many independent contractors as employees.
Scopelitis in the News: "Appeals Court Hears Oral Arguments in Idaho Hemp Case." August 29, 2019.
Scopelitis Partner Nathaniel Saylor in Transport Topics on the Idaho Big Sky hemp case.
Scopelitis in the News: "The Great Opportunity that Comes with Your Data." August 29, 2019. FreightWaves
Scopelitis Partner Brandon Wiseman in FreightWaves on how technology such as dash cams, electronic logging devices (ELD), telematics and even diagnostics systems are helping fleets better manage their drivers and assets.
Scopelitis in the News: "Key Changes In Proposed Trucker Hours-Of-Service Rules." August 27, 2019. Law360.
Scopelitis Partner Brandon Wiseman on FMCSA's highly anticipated notice of proposed rulemaking on hours of service, or HOS, for truck drivers.
Law Alert: New TSA Program Could Help Avoid Civil Penalties
The Scopelitis Air Cargo Team on TSA's new Action Plan Program.