Transportation Brief: PHMSA Fails to Act on “Harmonization” Rulemaking
January 27, 2020
Transportation providers are closely watching the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) “harmonization” rulemaking, which aims to bring U.S. rules regarding the transportation of hazardous materials into compliance with international standards. Among other things, the rulemaking would require manufacturers and “subsequent distributors” of lithium batteries to generate and make available a Lithium Battery Test Summary (LBTS) that includes certain information and confirms a lithium battery is safe to ship. The LBTS is already a part of the International Civil Aviation Organization’s (ICAO) standards for air transportation. In late 2018, PHMSA proposed that the LBTS would go into effect for domestic shipping on January 1, 2020. That date has come and gone without the agency issuing a final rule. Scopelitis is monitoring the rulemaking and will update clients of new developments.
Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
Transportation Brief: AB5 and ABC: The Story Continues
by Shannon M. Cohen , Gregory M. FearyTwo recent decisions have clarified how courts might interpret and analyze California Assembly Bill 5 (AB5). In addition, New Jersey continues to move forward with its efforts to create a more California-like environment. Read more about this and other legislation relating to independent contractors.
Transportation Brief: FLSA Conditional Certification Denied In Driver Case
by Christopher J. Eckhart , James A. EckhartMore on how Shell v. Pie Kingz, LLC could help transportation companies defend against proposed FLSA collective actions by drivers whose compensation, hours worked, and business expenses vary from week to week.
Transportation Brief: Choice of Law Questions Continue in California
by Christopher J. Eckhart , Alaina C. HawleyTransportation companies outside of California face difficult questions about whether California law applies to their California operations. Read more about a recent Ninth Circuit decision involving California’s minimum wage and overtime laws applying to non-California residents.
Transportation Brief: Hemp Transportation Remains Risky Business
by Nathaniel G. Saylor , Brandon K. WisemanDetermining whether hemp qualifies for safe harbor is no easy feat. Read more about the complicating factors that go into determining whether or not to accept shipments of hemp and hemp-derived products.
Transportation Brief: Spotlight on Scopelitis Class Action Defense
by Andrew J. Butcher , Christopher J. Eckhart , James H. Hanson , Adam C. SmedstadOver the last 15 years, the transportation industry has been subject to an onslaught of wage-and-hour class actions. Legislative efforts like New Jersey’s efforts to adopt the ABC test for misclassification claims and California’s AB 5 ensure wage-and-hour class actions will continue to threaten transportation companies for the foreseeable future. As one of the few legal teams in the country to have successfully tried multiple class actions to verdict, Scopelitis is at the forefront when it comes to making and defending the law. Learn more.
Transportation Brief On the Record: News from Scopelitis
Timothy M. FisherAttorney Timothy Fisher has joined the Firm’s Los Angeles Office. Learn more about Tim and his practice.
- On the Road
Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
Transportation Industry News & Trends