Law Alert: 9th Circuit Rules AB-5 Not Preempted
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?
Law Alert: COBRA Subsidy Requirement is Here
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.
Law Alert: COBRA Subsidy Requirement is Almost Here
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.
News from Scopelitis: Scopelitis Partner Michael Langford Admitted to ACTL
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 in the News: "House Passes PRO Act Bill That Includes ABC Test." March 9, 2021. FreightWaves.
Scopelitis President & Managing Partner Greg Feary in FreightWaves on what to expect in 2021 regarding the ABC Test.
Law Alert: DOL Opinion Letters on Gig Economy Workers and Compensability of Sleeper Berth Time Withdrawn
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).
The Transportation Brief®: A Quarterly Newsletter, Winter 2021
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)
Scopelitis Labor & Employment News: February 2021
• Shipping Contract Language Can Impact Broker Liability
• Canadian ELD Mandate
• 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
Law Alert: Ninth Circuit Upholds California Meal and Rest Break Preemption
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.
Law Alert: DOL Publishes Final IC Rule
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.