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

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News & Analysis

Transportation Law Alerts

  • 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: 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: 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: 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: PPP Loan Landscape Changes Again
    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.
  • Law Alert: PPP Loan Forgiveness Interim Final Rule Released
    Scopelitis insight on the SBA and Treasury's Interim Final Rule (IFR) providing guidance for the calculation of PPP borrower loan forgiveness.
  • Law Alert: PPP Loan Certification Safe Harbor and Repayment Extension
    The latest regarding the scope of the Safe Harbor and the PPP loan program.
  • Law Alert: FMCSA Extends Emergency Declaration Through June 14, 2020
    The FMCSA announced an extension of its Emergency Declaration through June 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: Motor Carriers Should Continue Objecting to IC Unemployment Claims Under the CARES Act
    Pursuant to Section 2102 of the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) enacted March 27, 2020, individuals not otherwise eligible to receive any state unemployment compensation benefits or extended federal benefits, including self-employed persons and independent contractors (ICs), may qualify for Pandemic Unemployment Assistance (PUA) funded by the federal government. Read more about what this means for the transportation industry. 
  • Law Alert: FMCSA Extends Emergency Declaration Through May 15, 2020
    FMCSA has extended its Expanded Emergency Declaration through May 15, 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. Read more about the expanded declarations list and other key points regarding this news. 
  • Law Alert: Motion to Stay Order Enjoining Application of AB 5 to Motor Carriers Denied
    Late yesterday afternoon, the United States Court of Appeals for the Ninth Circuit denied a motion by intervenor-defendant-appellant International Brotherhood of Teamsters (IBT) to stay the federal district court’s preliminary injunction pending appeal in California Trucking Association v. Beccera. The Ninth Circuit also ordered oral argument on the appeal of the preliminary injunction order fast-tracked. 
  • Law Alert: FMCSA Issues Temporary Waiver for Drivers with Expiring CDLs, CLPs, Operator’s Licenses, and Medical Cards
    FMCSA issued a limited waiver for commercial drivers whose CDLs, CLPs, operator’s licenses, and/or medical cards have expired or are set to expire after March 1, 2020. The waiver, which is effective immediately and valid through June 30, 2020, comes in response to state DMV and medical clinic closures that have made it difficult for commercial drivers to renew expiring licenses and medical cards in the midst of the COVID-19 pandemic.
  • Law Alert: States Order Workers to “Stay at Home” – Many Transportation Operations Exempted
    Pennsylvania’s Governor Wolf issued an order effectively requiring all non-life sustaining businesses to close their physical locations and move to a virtual/telework business model to attempt to stem the spread of the COVID-19 virus. Shortly after, Governor Newsom issued an order to California residents to “stay at home” except as needed to maintain continuity of operations of critical businesses. Read more about what this means for the transportation industry.
  • Law Alert: FMCSA Issues Expanded Emergency Declaration for COVID-19 Relief Efforts
    FMCSA issued an Expanded Emergency Declaration on Wednesday afternoon, adding to the list of transportation services covered under the exemption and clarifying the exemption’s carve-out for “mixed loads.”
  • Law Alert: FMCSA Issues Federal Emergency Declaration and Limited Regulatory Reprieve for COVID-19 Relief Efforts
    The FMCSA has issued an emergency declaration, temporarily suspending certain federal safety regulations, including hours-of-service rules, for motor carriers and drivers providing vital supplies and services in response to the COVID-19 pandemic.
  • Law Alert: AB 5 Preliminary Injunction Granted
    California Federal District Judge Roger Benitez granted a preliminary injunction in California Trucking Association v. Beccera. The order enjoins the State from enforcing AB 5 as to any motor carrier operating in California pending entry of final judgment in the case by the District Court. Read more on this news.
  • Law Alert: AB 5 Temporary Restraining Order Extended
    California Federal District Judge Roger Benitez considered whether to grant a preliminary injunction in California Trucking Association v. Beccera. Read more about the latest AB 5 news.