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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Chauvel & Glatt is pleased to announce that Attorney Derek Myers was elected to serve on the California Trucking Association’s Board of Directors. Since 2017, Derek has been a director of the CTA’s Bay Area Unit Steering / Planning Committee. In May
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Carriers and shippers often enter transportation contracts covering the transportation of the shipper’s freight (the “Contract”). However, each individual shipment is covered by a Bill of Lading (the “B/L”). The B/L operates at law as both a receipt for the goods and
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On May 3, 2019, in the case of Anthony Ayala v. U.S. Xpress Enterprises, the U.S. Central District Court of California dismissed a California plaintiff’s meal and rest break claim on the basis that the Federal Motor Carrier Safety Administration’s December 21, 2018 Order preempted
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On January 15, 2019, the United States Supreme Court ruled in New Prime, Inc. v. Oliveira that an interstate trucking company cannot force independent contractor drivers to arbitration based on arbitration clauses in independent contractor agreements. The case involved drivers who entered into agreements which required them to settle disputes with
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California Vehicle Code Section 35551 places restrictions on the total gross weight of a vehicle and its load. These restrictions typically fall between 34,000 to 80,000 pounds. Whether you own a trucking company or you are an owner-operator, you may be responsible
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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
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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
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