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Please note: The material in these articles, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the posts. The articles should not be considered, nor are they intended to constitute, legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

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Chauvel News:  Transportation

Uber Class Action Waiver Provisions

Over the past ten or so years, there has been a proliferation of class action law suits filed against numerous companies, including many trucking and bus companies, claiming wage and hour pay violations. These cases are devastating in that they allow the plaintiff attorneys to create a claim on behalf of a large class of a company’s workers creating huge wage claims.

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The Importance of Reviewing Chassis Lease Invoices

It is standard practice in the intermodal transportation industry to lease chassis.  It is also common for disputes to arise with leasing companies about their rental charges, billing practices and late fees.  Chassis providers can make accounting errors which result in charging the wrong lessee, or rate or even improperly billing for the equipment after it has been returned.  Carriers typically have less than 30 days to file a formal dispute with the leasing company about these bills.  Thus, it is important to promptly review invoices and dispute any inaccurate charges right away. 

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Make Sure You Have Properly Drafted Owner Operator Agreements

A properly drafted Owner Operator Agreement can literally save your business.  In Performance Team Freight Systems, Inc. v. Aleman, the California Court of Appeal enforced an arbitration clause included in an Owner Operator Independent Contractor Agreement required by a trucking company that served the ports of Long Beach and Los Angeles.

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The New Unified Carrier Registration System

Pursuant to 49 USCS § 13908(b), The Unified Carrier Registration System (UCR) is an online registration system intended to streamline the FMCSA’s registration process.  UCR maintains a database of all foreign and domestic motor carriers, motor private carriers, brokers, and freight forwarders required to register with the Department of Transportation.

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The DLSE Orders Logistic Company to Pay $855,000 for Non-Productive Time

California’s Labor Commissioner and its Division of Labor Standards Enforcement (DLSE) recently ruled against logistics company XPO Cartage determining that it misclassified four drivers as independent contractors instead of employees.  The ruling shows DLSE’s willing to enforce a 2016 state law which requires companies to pay piece-rate workers for meal and rest breaks, and other “nonproductive time.”  Companies face potential pitfalls when trying to comply with this new law and determine how to pay workers based on the law’s compensation requirements. 

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Mark Your Calendars: On May 12th, Ron Chauvel Speaks.

On May 12th, Ron Chauvel of Chauvel and Glatt will be speaking about important legal updates affecting the transportation industry at the California Trucking Association's annual Golden Gate Fields event.

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Driver Pay Requirements

The recent Decision in Ridgeway v. Wal-Mart covers critical pay issues for California carriers.  Wal-Mart paid its drivers based on mileage, activity pay and non-activity pay as defined in its Driver Pay Manuals.  The drivers claimed they were not paid for various work time including pre- and post-trip inspections, waiting time, fuel and washing time, layovers and other non-driving time.

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Carrier’s and Warehouseman’s Liens

A lien on freight in your possession is invaluable when you are trying to collect past due freight or storage charges.  There are 3 types of liens: common law, statutory and contractual.

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How The 2016 BIT Program Affects Motor Carriers

Revisions to the Biennial Inspection of Terminals (BIT) program significantly expands the number of California motor carriers required to enroll in BIT.  As the CHP implements the changes to the BIT program, California carriers should be aware of how these revisions may affect their operating authority and responsibilities. 

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PUC to Hand the Baton off to the CHP/DMV

A deal has been made in Sacramento to terminate the regulatory powers of the Public Utilities Commission (“PUC”) over the passenger stage industry.  Regulatory oversight will soon be transferred to the DMV and CHP.   This a major event as the PUC has regulated bus carriers for many decades.

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