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

In this issue:
 • Regulatory Outlook for the New Administration 
 • May My Company Require COVID-19 Vaccinations? 

 • A Bumpy Road for Arbitration Under the Biden Administration?
 • Coronavirus Paid Leave Expires (Mostly)

 • Spotlight on Expansion of Scopelitis’ Milwaukee Office
 • Dispatches: Transportation Industry News & Trends from Scopelitis

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.

 

Scopelitis Partner Jack Finklea on what FreightWaves says are now believed to be more than 1,200 lawsuits filed by workers against their employers over a COVID-related dispute or claim.

Scopelitis President and Managing Partner Greg Feary on potential regulations that could most impact the transportation industry in the coming years.

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.

Scopelitis President and Managing Partner Greg Feary in FleetOwner on significant changes the Biden administration has advertised that would impact trucking.

Scopelitis President & Managing Partner Greg Feary on Proposition 22 and the transportation industry and how the dependent Scopelitis contractor model may be an alternative to the binary classification system of an employee or independent contractor.

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. 

In this issue:
 • Prop 22’s Impact on the Transportation Industry
 • DOL Publishes IC Rule
 • Ongoing Developments with the FLSA Joint Employer Rule
 • No Circuit Split (Yet) on the FAA “Transportation Worker” Exemption
 • Spotlight on Mergers & Acquisitions
 • Dispatches: Transportation Industry News & Trends from Scopelitis

Scopelitis Partner Michael Langford on DRI member on a unanimous victory for the defendants from the Indiana Supreme Court in the case of Humphrey v.
Tuck and U.S. Xpress, Inc.

Scopelitis Partner Michael Langford on punitive damage awards against the trucking industry that can now tally into the tens of millions of dollars.

Law360 interviewed Scopelitis Partner Mike Langford regarding Scopelitis' Indiana Supreme Court victory on behalf of US Xpress.

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. 

In this issue:
 • Key Cases Addressing the Reach of California’s Strict Wage and Hour Laws
 • COVID-19 and Workplace Liability
 • Plaintiffs Unmask Reimbursement Claims for Personal Protective Equipment
 • PPP and Beyond: Where Can I Turn For Additional Help?
 • Department of Labor Activity
 • Circuit Courts Grapple with the “Transportation Worker” Exemption
 • Spotlight on Cargo Claim & Freight Charge Practice — Managing the Expected & Unexpected in the COVID-19 Era
 • Scopelitis For the Record
 • Dispatches: Transportation Industry News & Trends from Scopelitis

Scopelitis recently announced the addition of four new attorneys in its Milwaukee office. The four bring extensive experience in transportation law – one in accident litigation, and the others in workers’ compensation defense – to the national transportation law firm.  

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.

Scopelitis Partner Braden Core in Law360 regarding the New Jersey Supreme Court's reinforced employers' arbitration agreements under Garden State law.

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.

On a certified question from the Ninth Circuit Court of Appeals, the California Supreme Court decided a pair of cases that will certainly impact California wage and hour class actions against motor carriers. Read more about what that means for the transportation industry.

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.