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

On March 29, the U.S. District Court for the Eastern District of California held that the FAAAA does not preempt the application of the Dynamex ABC Test to a motor carrier for purposes of determining whether owner-operators are considered employees under California’s Wage Orders. Read more on what this ruling means for the transportation industry.

More from Scopelitis on the Big Sky Scientific, LLC v. Idaho State Police case involving shipments of hemp that pass through their borders.

More on The National Labor Relations Board determination that van drivers franchised with SuperShuttle DFW, Inc., were properly classified as independent contractors rather than employees. Ion organizing or other concerted activity exists.

The Indiana Supreme Court issued a unanimous opinion in Q.D.-A., Inc. v. Indiana Department of Workforce Development. Read insight from Scopelitis attorneys.

Read more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v. Oliveira.

Pursuant to the statutory “publication” requirement under CA Labor Code §2810.4 a list of motor carriers that have outstanding California Department of Labor Standards Enforcement wage and hour liabilities has been published. Read more.

Read more on the California Federal District Court Decision that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts the application of the “Dynamex” ABC Test to a motor carrier.

Read more on the Sears Holding Corporation and almost 50 related companies, including both Kmart and Innovel Solutions (collectively “Sears”), having filed Chapter 11 bankruptcy cases in the Southern District of New York Bankruptcy court.

Read more on the oral argument in New Prime, Inc v. Oliveira a case primarily about whether trucking independent contractors are exempt from the Federal Arbitration Act (FAA).

Read a preview of next week’s oral argument in a trucking case pending before the United States Supreme Court that will significantly impact the use of arbitration to resolve disputes with owner-operators.

Read more on California Meal and Rest Break Laws Preempted With Respect To Hazmat Drivers.

Read more on the Consumer Financial Protection Bureau's just released new model “Summary of Your Rights Under the Fair Credit Reporting Act”.

Read Scopelitis' take on the New Jersey Department of Labor and Workforce Development notice that it had adopted substantial changes to the regulations interpreting what constitutes necessary evidence under New Jersey’s unemployment tax independent contractor exemptions applicable to a wide range of industries -NJ Stat. Ann.  S 43:21-19(i)(7).

Read more on the Federal Motor Carrier Safety Administration's Regional Emergency Declaration and exemption in connection with Hurricane Florence.

Read more on Indiana Worker’s Compensation Board's in-person seminar on Indiana’s adoption of the ODG Formulary and how it will apply to worker’s compensation cases starting January 1, 2019.

Read more on the changes the Indiana Legislature has enacted to the existing Worker’s Compensation Act (“Act”).

Read insights from Scopelitis on a notice issued by the NLRB on August 1st regarding invites to file briefs on whether the Board should adhere to, modify, or overrule Purple Communications, Inc., 361 NLRB 1050 (2014).

Read Scopelitis' take on California Supreme Court denying the Dynamex petition for rehearing.

Read Scopelitis' take on the Supreme Court ruling that Class-Action and Collective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA

Read Scopelitis' take on the California Supreme Court decision.