Court of Appeals

Viewpoint: Court win for California employers of short-haul drivers

The California Court of Appeals recently held that federal law preempts California’s meal and rest period requirements for short-haul drivers. In doing so, the California Court of Appeals reiterated that federal law preempts the meal and rest period requirements for motor carriers as a whole.

Background

A truck driver filed a lawsuit against his employer alleging various wage and hour violations, including failure to provide meal and rest periods, unfair business practices, and representative...

https://www.freightwaves.com/news/viewpoint-court-win-for-california-employers-of-short-haul-drivers

Biden’s OSHA vaccination mandate explained

President Biden’s vaccine mandate has taken shape in the form of an Emergency Temporary Standard (ETS) promulgated by the Occupational Safety and Health Administration (OSHA). On Nov. 4, 2021, following direction by the Biden administration, OSHA issued an ETS requiring employers with 100 or more employees to implement a mandatory vaccination policy for their employees or have unvaccinated employees submit to weekly COVID-19 testing and wear a mask at work. On Nov. 5, 2012, one day after OSHA...

https://www.freightwaves.com/news/bidens-osha-vaccination-mandate-explained

Appellate court overturns multi-million-dollar decision in driver poaching case

The United States Court of Appeals for the Eighth Circuit (which oversees Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently overturned a multi-million-dollar jury award in a case involving two major trucking companies. The case centered around “poaching” drivers, which is a term that has been given to the practice of recruiting and hiring drivers who are under a contract or restrictive covenant with another trucking company.

Background

To help combat driver...

https://www.freightwaves.com/news/appellate-court-overturns-multi-million-dollar-decision-in-driver-poaching-case

Court enforces ADA’s pre-suit exhaustion rules

The United States Court of Appeals for the Third Circuit (which has jurisdiction over Delaware, New Jersey, and Pennsylvania) recently addressed whether an employee could pursue a claim under the Americans with Disabilities Act (“ADA”) when the claim was not included in the original administrative charge filed with the Equal Employment Opportunity Commission (“EEOC”) and the subsequent amendment to add the required charge was untimely. The Third Circuit ruled that employees must still exhaust...

https://www.freightwaves.com/news/court-enforces-adas-pre-suit-exhaustion-rules

LA and Long Beach ports could learn from Mister Rogers

Mister Rogers sang songs and staged puppet shows to teach us how to be good neighbors.

Well, Mister Rogers is dead and the world has gone to hell in a handbasket. Perhaps we have set aside being neighborly during the COVID-caused economic firestorm that is proving fatal for businesses large and small. 

For our story, we turn to California’s San Pedro Bay neighbors, a “disappointing” press release and the lack of agreement on implementation of a $10-per-twenty-foot-equivalent-unit (TEU) clean...

https://www.freightwaves.com/news/la-and-long-beach-ports-could-learn-from-mister-rogers

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