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Category: Transportation

  • California Court Ruling Could Put Uber Back to Square One

    The journey for ride-hailing and delivery service tech companies like Uber and Lyft has seen several bumps in the road. In California, this centered around the passage of AB5, which required the companies to classify their drivers as employees and provide them all the legal benefits that go with this. The companies responded with Proposition 22…

  • Have you considered the Under 21 Military CDL program?

    As an employer working in the field of transportation, it is important that you understand the Federal Motor Carrier Safety Administration’s rules and regulations. Failing to adhere to these could quickly lead to problems for your business and result in you having to pay fines and deal with other consequences. For example, if you are…

  • Independent Contractor Status Remains Issue of Concern

    Over the last few years employers in California have often found themselves considering the state’s independent contractor rules. Ever since the Supreme Court’s decision in Dynamex the issue has been in flux. However, with the changes to the law since then, along with the successful proposition initiative from companies like Uber last November, the issue has started…

  • Trucking Industry Continues to Experience Tech Overhaul

    It is all but obvious to recognize how much technology continues to evolve and change our everyday lives. This is a truth also keenly felt in the trucking industry. Given this, it remains important to check in and keep track of how the industry may be changing in ways big and small due to these…

  • Can updating your commercial vehicle fleet lead to legal issues?

    A new tractor-trailer could cost as much as a house. These massive machines require a major investment to purchase and maintain them, and keep them running as part of your fleet. If you started building your own commercial transportation business, you may have initially been the only worker as an owner-operator. You may have decided…

  • Department of Labor Sets Forth Own Change to Independent Contractor Classification

    As California pushes forward with AB5, subjecting many employers to a stringent test when attempting to classify their workers as independent contractors rather than employees, the US Department of Labor (“DOL”) recently proposed its own change to how workers should be classified. While the California law makes it much more difficult for employers, particularly in the gig…

  • Changes to AB5 Brings Relief for Some But Not All

    Ever since the passage of AB5, numerous industries have taken aim at changing the law. Some of the bigger challenges have come from the transportation sector, including not just Uber and Lyft, but also from the trucking industry as well. As these challenges continue, both through the courts and proposed ballot initiatives for November, the…

  • Uber and Lyft’s California Operations in Limbo with Continuing AB5 Challenges

    Since AB5 came into effect in California the government has used multiple avenues to enforce the new law. This has put a target on Uber and Lyft in particular, as two of the biggest companies impacted by the law, and the ones that were also the main target of its passage to being with. However,…

  • Protecting your company from staff claims with strong contracts

    As the owner, manager or executive of a commercial transportation company, you know how hard it can be to attract and retain the best professional drivers. Commercial driving is a demanding career and commercial drivers have relatively high turnover rates. When you hire someone new to drive for your company, the contract that you sign with…

  • When Your Employee is Injured at Work

    Transportation is one of the most injury-prone professions. As an employer in the transportation industry, you need to know what to do when these claims arise. Even when you are diligent in enforcing safety regulations for your drivers and other staff, accidents can still happen. Here is what employers should do if an injury happens: Get medical…

  • State of Trucking Industry in Flux During Trying Times

    With coronavirus or Covid-19 taking center stage in our lives, the ramifications of the cancelations and closures are hitting everyone in both their personal and professional lives. As individuals and businesses try to adjust, the trucking industry finds itself in a unique position in handling the virus, all amid other global issues hitting the industry…

  • Could California’s AB5 Go National?

    As discussed previously on this blog, California’s AB5 is already rewriting employment law across a variety of sectors in California. Now the United States House of Representatives looks like it wants to use AB5 as a model for federal legislation. The House of Representatives recently passed a union backed bill that would use a similar approach to assessing…

  • California Trucking Association Starts New Year with Hope in Face of AB5

    As discussed previously on this blog, California’s AB5 is set to completely rewrite California’s employment law. With the law taking effect with the start of the new year, California’s trucking industry was facing unprecedented change. However, the California Trucking Association (“CTA”) got a key court victory on December 31, to beat out the countdown to midnight. At least…

  • As UPS celebrates landmark drone deliveries, many questions remain

    For years, transportation companies have touted the potential of automated drone deliveries, promising better, more efficient service. We are now one step closer to seeing that vision become a reality, after a couple of recent landmark deliveries. On Nov. 1, 2019, UPS used a drone to deliver two prescription medications from a CVS store in Cary, North…

  • Companies Fighting Back Against AB5

    California’s recent passage of AB 5 has caused waves across the state’s employment market. However, the passage of the bill is clearly not the final word. There are likely legal challenges to come and, beyond this, the companies most directly targeted by the bill are already fighting back. One step in the fight was taken by Uber,…

  • California Expands the Reach of Dynamex ABC Test with AB 5

    As covered on this blog, California has been taking steps to limit the classification of workers as independent contractors. While this has taken on different forms, including the monumental Dynamex decision, the state legislature recently finalized its own measure with the passage of AB 5 to codify the ABC test set forth in Dynamex. The passage of the bill largely…

  • Trucking Companies May See Relaxation of Work Hours Rules

    With some in the trucking industry pushing for changes to the time truck drivers are legally permitted to spend behind the wheel, the Federal Motor Carrier Safety Administration recently announced propose changes to address this desire. The proposed changes include when a half-hour break is required, changing it to after eight hours of uninterrupted driving time, as opposed…

  • Trucking Companies May See Relaxation of Work Hours Rules

    With some in the trucking industry pushing for changes to the time truck drivers are legally permitted to spend behind the wheel, the Federal Motor Carrier Safety Administration recently announced propose changes to address this desire. The proposed changes include when a half-hour break is required, changing it to after eight hours of uninterrupted driving time, as opposed…

  • Will Uber and Lyft Change California’s Labor Market?

    The effort to define who is an employee and who is an independent contractor has been an ongoing battle in California, particularly since the Dynamex decision that came down from the California Supreme Court last April. While the full impact of the decision in the courts is still being seen, it is no surprise that the issue…

  • House Bill Takes Aim at FMCSA Pre-Emption

    As discussed here, the Federal Motor Carrier Safety Administration (“FMCSA”) has set up its own rules for rest breaks for safety purposes that pre-empt those of the states.  That became very clear when the FMCSA issued its determination that federal regulations pre-empted California’s meal and rest break rules. However, as the challenges to the FMCSA…