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

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.

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.  

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.

Last week, The American College of Trial Lawyers (ACTL) inducted Scopelitis Partner Michael B. Langford as a Fellow before an audience of 670 members during its recent 2021 Annual Meeting and 70th Anniversary Celebration.

Scopelitis President & Managing Partner Greg Feary in FreightWaves on what to expect in 2021 regarding the ABC Test.

The transportation industry is one in which technology is continually being used to improve efficiencies. Employers and vendors in the industry are using technology such as smart phone apps and electronic logging devices, and/or other operational and security devices, that may require, or will eventually require, collection, use and retention of biometric identifiers and use of same. Like most industries, transportation entities will be faced with important questions concerning privacy and legal requirements when it comes to biometric identifiers.

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).

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

Off and Running on His First 100 Days, President Biden Addresses A Number of Labor and Employment Issues

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.

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.

 

Both the House and the Senate approved a massive legislative package comprised of a $900 billion COVID-19 relief bill, annual government funding for the remainder of the fiscal year, and a host of miscellaneous provisions.

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.