On April 28, 2021, in the case California Trucking Association (“CTA”) v. Bonta, a three-judge panel of the 9th Circuit Court of Appeals issued a 2-1 decision that California’s AB-5 law is not preempted by the Federal Aviation Administration Authorization Act (“F4A”). The 9th Circuit
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Earlier this year, the U.S. Department of Labor (“USDOL”) announced a rule change to the Fair Labor Standards Act under RIN 1235-AA34. This rule change would adopt a straightforward “economic realities test” in determining whether an individual should be classified as an
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In its recent International Brotherhood of Teamsters v. FMCSA decision, the U.S. Ninth Circuit Court of Appeals upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempts California’s meal and rest break (“MRB”) rules as applied to property-carrying commercial motor vehicle drivers
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On November 19, 2020, the California State Court of Appeals ruled in The People of the State of California vs. Superior Court of Los Angeles that the prevailing federal law known as FAAAA does not preempt AB5 and its ABC Test from
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Motor carriers may and should limit their liability for freight loss or damage. Limitations are permitted by California and federal laws (Cal. Comm. Code 7309; 49 USCA 14706). In Rational Software v. Sterling, 2393 F. 3d 276, a shipper hired the carrier
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Last week the FMCSA announced significant changes to its Hours of Service (HOS) requirements to provide greater flexibility for drivers. The four primary changes to the HOS requirements are: Short Haul: Increases the short-haul exceptions from 100 air miles to 150 air miles,
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As of April 8, 2020, the Federal Motor Carrier Safety Administration (FMCSA) extended its Emergency Declaration which suspended “hours-of-service” regulations that limit how many hours a commercial vehicle driver may work before going off-duty. The FMCSA’s Emergency Declaration states the COVID-19 pandemic
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On January 13, 2020, during ABA’s Bus Industry Safety Council (BISC) winter meeting, Federal Motor Carrier Safety Acting Administrator Jim Mullen announced that FMCSA has granted ABA’s petition stating that California’s Meal and Rest Break (MRB) rules are preempted under 49 U.S.C.
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On December 31, 2019, the U.S. Southern District Court granted the California Trucking Association’s request for a temporary restraining order (“TRO”). The Court Order prevents the state’s enforcement of Assembly Bill 5 (“AB-5”) until the court makes a decision on the CTA’s
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The California Supreme Court Dynamex case has been construed as eliminating independent contractors in California. AB 5 represents proposed statutory law aimed at codifying the Dynamex ruling as part of our statutory law. Various industries, including the motor carrier industry, are lobbying
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