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

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. 

This 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.

In this issue:
 • Vaccination Mandates Take Shape
 • Enforcing Choice-of-Law Provision, Federal Court Dismisses Illinois Wage Claim
 • Freight Broker Class Action Attacks Continue
 • Massachusetts Considers ABC Test for Joint Employment
 • FAAAA/AB5 U.S. Supreme Court Developments
 • Spotlight on Cargo Claim & Freight Charge Practice
 • Scopelitis Attorneys on the Road 
 • Scopelitis For the Record
 • Dispatches

New guidance from the IRS makes clear that motor carriers with drivers subject to hours of service requirements can temporarily deduct the meal portion of per diem expense reimbursements at 100% instead of 80%.

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.
 

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.

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.

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.

Last week the Scopelitis Law Firm’s Commercial Litigation Team secured a complete defense verdict involving a non-compete agreement/interference with contract action brought forward in notoriously challenging Lake County, Indiana.

The IRS released Notice 2021-52 announcing the new Special Per Diem Rates for 2021-2022. Read more about rate increases, when the new rates take effect, and how to access the notice.

In this issue:
 • Labor Meets Transportation in Surface Transportation Reauthorization Bills
 • Ninth Circuit Addresses Piece-rate Pay Plans
 • Collections During COVID and Beyond – Protecting Your Warehouse
 • Questions Remain After Change in Export Air Cargo Rules 
 • Spotlight on Investigations and Audits
 • Scopelitis Attorneys on the Road 
 • Dispatches: Transportation Industry News & Trends from Scopelitis

Scopelitis Attorneys Steve Stanaszak and Michael Roberts on recent cases that highlight whether a company’s internal safety policies can increase how and when courts might admit internal policies and compliance therewith as evidence of negligence, and how the potential for undue prejudice and confusion is clear and significant.

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.

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.  

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.

In this issue:
 • The PRO Act: Dropping Barriers for Unions
 • Export Air Cargo Rules Changing in July 
 • Navigating PPP Loans in A Business Sale
 • Do Your Company’s Internal Safety Policies Increase Exposure to Negligence Claims?
 • What Will It Take to Return to The Office?
 • Scopelitis Transportation Consulting's Leadership Transition
 • Scopelitis Attorneys on the Road 
 • Dispatches: Transportation Industry News & Trends from Scopelitis

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?

The DOL’s Model Notices of the type required under the ARPA’s new COBRA Premium Subsidy Program have now been issued. Read more about the program and where to find the Model Notices.

Since the American Rescue Plan Act of 2021 (ARPA) was enacted on March 11, 2021, there has been much discussion about various provisions of the sweeping Act, focusing primarily on a new round of stimulus checks, expansion of the Paycheck Protection Program (PPP) loan program and extension of the Employee Retention Credit (ERC), among others. One provision that has not received as much attention is the ARPA COBRA Premium Subsidy Program, and employers that sponsor group health plans subject to COBRA are reminded that this program takes effect April 1, 2021.