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

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News & Analysis

Transportation Law Alerts

  • Law Alert: Ninth Circuit Denies Rehearing in CTA Case
    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.  
  • 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.
  • Law Alert: DOL Opinion Letters on Gig Economy Workers and Compensability of Sleeper Berth Time Withdrawn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).
  • 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.
     
  • Law Alert: Phase IV COVID-19 Relief Bill Passed
    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.
  • Law Alert: California Court of Appeal Rules AB5 not Preempted by FAAAA
    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.
  • Law Alert: California Voters Say YES to Prop 22
    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. 
  • Law Alert: DOL Releases Text of New IC Rule for FLSA
    The U.S. Department of Labor (DOL) released a proposed rule to determine independent contractor status under the Fair Labor Standards Act (FLSA). The proposal is expected to be published in the Federal Register later this week or early next week. Comments will be due 30 days following formal publication.
  • Law Alert: Ninth Circuit Holds Oral Argument on CTA’s Challenge to AB5
    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. 
  • Law Alert: FMCSA Seeks Comment on Proposal Regarding Broker Transparency
    The Federal Motor Carrier Safety Administration (FMCSA) has published a request for comment in response to a petition filed by the Owner-Operator Independent Drivers Association (OOIDA) and the Small Business in Transportation Coalition (SBTC) regarding broker records. 
  • Law Alert: Ninth Circuit Weighs in on the “Transportation Worker” Exemption from the FAA
    The U.S. Court of Appeals for the Ninth Circuit issued a long-awaited opinion in a case involving the “transportation worker” exemption from the Federal Arbitration Act (FAA).
  • Law Alert: Court Says Uber and Lyft Cannot Classify Their Drivers as Independent Contractors
    A California state court granted a preliminary injunction sought by the State of California to prohibit and restrain Uber and Lyft from classifying their drivers as independent contractors and from violating any provisions of the California Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission.
  • Labor & Employment News: August 2020
    The NLRB’s Active 2020
  • Law Alert: First Circuit Rules that Delivery Drivers Need Not Cross State Lines to Be Exempt from the Federal Arbitration Act
    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.
  • Law Alert: FMCSA Extends Emergency Declaration Through August 14, 2020
    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.
  • Law Alert: California Supreme Court Decides Key Wage and Hour Cases Impacting Interstate Workers
    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.
  • Law Alert: Revised PPP Loan Forgiveness Application Released
    SBA and Treasury released the promised revised Form 3508 Paycheck Protection Program (PPP) Loan Forgiveness Application. Form 3508 can be found here, and its instructions here.