Law Alert: AB 5 Injunction Dissolved in CTA v. Bonta
Judge Benitez of the U.S. District Court for the Southern District of California held a hearing in the California Trucking Association’s (CTA) challenge to enforcement of AB 5 against the trucking industry.
Law Alert: Supreme Court Denies Certiorari in CTA v. Bonta
The Supreme Court denied review of the 9th Circuit’s reversal of the injunction against enforcement of California’s AB 5 against the trucking industry.
Law Alert: CTA v. Bonta -- Still Awaiting Supreme Court Decision on Whether to Hear AB 5 Challenge
Although three federal preemption of state law regulating prices, routes, or services cases involving transportation were distributed for the Court’s June 23 conference, no decision on whether to hear California Trucking Association v. Bonta (the trucking industry challenge to California’s AB 5’s restrictive employment test) or Virgin America v. Bernstein (an airlines looking at a similar preemption statute) was issued today.
Law Alert: AB 5 Challenge Distributed for Consideration by Supreme Court at June 23 Conference
The California Trucking Association’s (CTA) challenge to enforcement of AB 5 against the trucking industry was distributed today for consideration by the Supreme Court at its conference scheduled for June 23.
Law Alert: Supreme Court Addresses “Transportation Worker” Exemption From the Federal Arbitration Act
In a unanimous decision (8-0, with Justice Barrett recused) today, the U.S. Supreme Court clarified who qualifies as a “transportation worker” for purposes of the exemption from the Federal Arbitration Act (FAA).
Law Alert: Federal court holds that Washington wage and hour laws do not apply to Washington resident over-the-road truck driver.
A former employee over-the-road truck driver for a national motor carrier sued in Washington federal court seeking to represent a class of Washington-resident drivers to recover damages under Washington law for unpaid minimum wage, overtime, rest breaks, and derivative claims. Washington is one of a few states that does not exempt interstate over-the-road truck drivers from state overtime laws.
Law Alert: Solicitor General Recommends the Supreme Court Deny Review of Trucking Case Challenging California’s AB-5
The Solicitor General (SG) of the United States (the federal government’s representative before the Supreme Court) filed a brief recommending the Supreme Court deny review of California Trucking Association’s (CTA) case challenging the application of AB 5.
Law Alert: New Federal Arbitration Law - Impact on Transportation Providers
Congress passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The primary provisions of the new law appear to fall outside of the Federal Arbitration Act (FAA). However, the law does amend certain parts of the FAA to ensure that the new provisions concerning sexual assault and harassment claims apply “notwithstanding” anything to the contrary found in the FAA. Our arbitration team shares key takeaways for transportation providers.
Law Alert: Supreme Court Stays OSHA’s Vaccine/Testing Mandate
The Supreme Court ordered a stay of OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Court held that Congress had not given OSHA authority to issue such a sweeping regulation addressing a public health concern that was not an occupation-specific risk.