Law Alert: Dynamex subject to FAAAA preemption
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.
Law Alert: Sears Files for Bankruptcy
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.
Law Alert: U.S. Supreme Court Hears Oral Argument in New Prime
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).
Video Law Alert: New Prime Oral Argument Preview
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.
Law Alert: California’s Meal and Rest Break Requirements Preempted
Read more on California Meal and Rest Break Laws Preempted With Respect To Hazmat Drivers.
Law Alert: Employers Should Immediately Begin Using New Version of FCRA Summary of Rights
Read more on the Consumer Financial Protection Bureau's just released new model “Summary of Your Rights Under the Fair Credit Reporting Act”.
Law Alert: NJ Unemployment Tax Owner-Operator Exemption Gutted
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).
Law Alert: FMCSA Declares Regional Emergency and Exemptions in Anticipation of Hurricane Florence
Read more on the Federal Motor Carrier Safety Administration's Regional Emergency Declaration and exemption in connection with Hurricane Florence.
Indiana Worker's Compensation Law Alert: Board Seminar on New Official Disability Guidelines (ODG) Formulary
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.
Indiana Worker's Compensation Law Alert: Legislature Enacts Changes to Law
Read more on the changes the Indiana Legislature has enacted to the existing Worker’s Compensation Act (“Act”).
Law Alert: NLRB Invites Comments On Employee Access to Employer Email for Union Organizing Purposes
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).
Law Alert: California Supreme Court Denies Petition for Rehearing in Dynamex
Read Scopelitis' take on California Supreme Court denying the Dynamex petition for rehearing.
Law Alert: Supreme Court Allows Class Waivers in Arbitration
Read Scopelitis' take on the Supreme Court ruling that Class-Action and Collective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA
Transportation Law Alert: Supreme Court to Consider the “Transportation Worker” Exemption from the Federal Arbitration Act
Read Scopelitis' take on the U.S. Supreme Court agreeing to hear an appeal by motor carrier New Prime, Inc. challenging a decision by the U.S. Court of Appeals for the First Circuit that found the company’s owner-operators worked under “contracts of employment.”
Law Alert: Pennsylvania IC Withholding
Read Scopelitis' take on a new Pennsylvania non-employee withholding requirement.
Transportation Law Alert: Unified Carrier Registration
Read Scopelitis' take on 2018 registration year fees for the UCR.