Transportation Brief: Spotlight on Independent Contractor Legislative Counsel

by Shannon M. Cohen, Gregory M. Feary, Prasad Sharma

October 31, 2019

As California AB 5 made clear, state-level changes to independent contractor (IC) status can significantly change the business operations of a motor carrier in any given state and can have a domino effect on operations even beyond the borders of that state. 

The Firm’s IC legislative counsel practice - led by Greg Feary, Shannon Cohen, and Prasad Sharma - regularly assists clients, state associations, industry associations, and coalitions with monitoring recent legislative activity that could impact IC status;  evaluating the potential impact of such legislation; providing technical drafting revisions and talking points to support favorable legislation; and to oppose or mitigate unfavorable legislation. 

IC legislation is introduced in multiple states every legislative session and may impact the test used to determine whether all workers are ICs or may be limited to the IC status of owner-operator drivers. No matter which type of IC legislation is under consideration, legislators and their staff often benefit from receiving real-world perspectives from transportation industry leaders. These interactions provide lawmakers with a more complete understanding of how such legislation may impact the transportation industry in their district and beyond, and what aspects of the transportation industry may operate differently than a typical business utilizing ICs. Policymakers further benefit from seeing specific language that can address the industry’s needs, including talking points that summarize the issues for other legislators and stakeholders. 

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: AB 5 – Practical Solutions to a Thorny Problem
  by Shannon M. Cohen , Gregory M. Feary
  
  Companies and owner-operator businesses are both searching for practical solutions to the problem presented by California Assembly Bill 5 (AB 5). Read more from Scopelitis regarding solutions that are developing as the best options for tackling the practical realities of equipment and professional services that companies face.
• Transportation Brief: Bankruptcy Filings on the Rise
  by Gregory A. Ostendorf
  
  The Firm’s transportation bankruptcy practice group has noticed an uptick in bankruptcies impacting transportation service providers. Read more about how careful planning and awareness of the issues can be the best way to minimize exposure when your customers or trade partners file for bankruptcy.
• Transportation Brief: Dash Cam Video Retention Policy
  
  As the use of dash cam videos becomes more common, it is critical that motor carriers implement a written video evidence retention policy before inevitable litigation occurs. Read more about what video retention policies should include.
• Transportation Brief: FMCSA Proposes Revisions to Hours of Service Rules
  
  In mid-August, FMCSA released its highly-anticipated hours-of-service Notice of Proposed Rulemaking with the stated goal of enhancing safety by giving commercial drivers more flexibility. Read more about the proposal's five main components and what's to come.
• Transportation Brief: PHMSA Updating Rules on the Transportation of Lithium Batteries
  by Braden K. Core
  
  The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations in an effort to maintain alignment with international standards. Read more about proposed changes. 
• Transportation Brief: California Takes Aim at Mandatory Arbitration
  by Braden K. Core , Prasad Sharma , Ryan W. Wright
  
  The Governor of California recently signed into law AB 51. Read more about how the new law impacts transportation businesses and what you should do now that AB 51 is law.
• On the Road
  Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
• Dispatches
  Transportation Industry News & Trends