On July 9, 2014, the United States Court of Appeals for the Ninth Circuit rendered its long-awaited decision in Dilts vs. Penske Logistics.
The issue was whether California’s meal and rest break laws as applied to truck – and possibly bus – drivers were preempted by the 1994 Federal Aviation Administration Authorization Act (“FAAAA”).
The primary purpose of a Special Needs Trust (SNT) is to preserve government benefits for disabled or aged beneficiaries.
In order to receive benefits from the government, the recipient must have resources and income below a certain level to qualify. A properly designed and administered SNT can provide funds to supplement a disabled or aged beneficiary's government benefits without interfering with or disqualifying government aid.
This month the United States District Court, located in Southern California, ruled in favor of J.B. Hunt Transportation and against employees suing under California Wage and Hour laws. J.B. Hunt's employee drivers had claimed their pay -- which is based on miles driven and completed deliveries -- does not cover job-related activities like loading, unloading and waiting for customers. The drivers believed they were entitled to be paid under California minimum wage law, based on hours of work.
Bay Area employers take note: Companies with 50 or more full-time employees within specific geographic boundaries must make available to their employees one of four commuter benefit options by September 30, 2014. This program aims to promote the use of alternative methods of transportation to decrease traffic and reduce pollutants in the air, thereby protecting the environment and public health.