Department of Labor

New Jersey, feds take opposite paths on independent contractor rules

The past week saw two developments in the battle over defining independent contractor (IC) status: One would likely tighten the definition of what jobs hold IC status in a state that is a key transportation hub; the other would work to loosen the standards.

In New Jersey, the state’s Department of Labor and Workforce Development last week said it had filed a notice of proposal for new rules with the New Jersey Office of Administrative Law that would codify a definition of the ABC test throughout...

https://www.freightwaves.com/news/new-jersey-feds-take-opposite-paths-on-independent-contractor-rules

Trucking-backed suit may be arena for dumping Biden independent contractor rule

The Trump administration has taken an action in federal court that could be the first step toward displacing the Biden administration’s independent contractor (IC) rule with its own version.

In a case involving several trucking companies as well as the Louisiana Motor Transport Association (LMTA) as plaintiffs, the Trump Justice Department has won a postponement from a federal appellate court of oral arguments that were to be heard this week. 

Those arguments were appealing a lower court decision...

https://www.freightwaves.com/news/trucking-backed-suit-may-be-arena-for-trump-to-overturn-biden-independent-contractor-rule

Carrier loses fight against Biden independent contractor rule in New Mexico court

Though a case filed by Colt & Joe Trucking against the Department of Labor’s independent contractor (IC) rule dates back to April, the federal court decision against the carrier reads like a preliminary scorecard on a possible reworking of the rule under a Trump administration.

Colt & Joe, a New Mexico-based carrier, filed suit in April seeking summary judgement to have the Biden administration IC rule set aside. But in a decision handed down Thursday, the court declined to do that. (The...

https://www.freightwaves.com/news/carrier-loses-fight-against-biden-independent-contractor-rule-in-new-mexico-court

Defunct Hawaiian cargo airline reimburses workers for unpaid wages

Transair, a Honolulu-based cargo airline shut down by the Federal Aviation Administration for poor safety practices following the 2021 crash at sea of one of its freighters, has returned more than $450,000 in back pay to employees as part of a settlement with the U.S. Department of Labor.

The federal agency alleged this week that Transair had shortchanged 250 employees of their full pay and benefits while fulfilling a $113 million U.S. Postal Service contract to move mail among the Hawaiian...

https://www.freightwaves.com/news/defunct-hawaiian-cargo-airline-reimburses-workers-for-unpaid-wages

ATA chief rips OOIDA stance on Biden independent contractor rule

Lewie Pugh of the Owner-Operator Independent Drivers Association made only a few comments at his House of Representatives committee appearance July 24 about the Biden administration’s independent contractor (IC) rule. 

But they were enough to draw a strong rebuke from Chris Spear, president of the American Trucking Associations. Spear took to ATA’s Transport Topics website last week to express his displeasure with OOIDA and the comments by Pugh, who is an executive vice president of OOIDA and inc...

https://www.freightwaves.com/news/ata-chief-rips-ooida-stance-on-biden-independent-contractor-rule

Maersk Line settles US complaint over whistleblower firing

Maersk Line Ltd., the U.S.-flag arm of Danish shipping giant Maersk, has agreed as part of a settlement with the Department of Labor to change its safety reporting policies and compensate a whistleblower who reported safety concerns to the U.S. Coast Guard without first notifying the company.

The action stems from the Occupational Safety and Health Administration’s finding last year that Maersk Line Ltd., which provides maritime transport for U.S. government agencies, violated the crew member’s...

https://www.freightwaves.com/news/maersk-linesettles-us-complaint-over-whistleblower-firing

Bid to block Biden independent contractor rule moves to federal appeals court

A case seen as the trucking industry’s primary legal assault against the Biden administration’s new independent contractor (IC) rule is now before the U.S. Court of Appeals for the 5th Circuit.

A group of Louisiana trucking companies and the state’s primary trucking association filed the initial lawsuit in the U.S. District Court for the Eastern District of Louisiana. The lead plaintiff is family-owned Frisard’s Transportation; the others are A&B Group, Triple G Express and the Louisiana Motor...

https://www.freightwaves.com/news/bid-to-block-biden-independent-contractor-rule-moves-to-federal-appeals-court

14-year-old case that brought ABC test to New Jersey was just settled

The case that first brought the ABC test for determining independent contractor status into New Jersey involved truck drivers hauling bedding. Fourteen years later, the case has been settled out of court.

That’s just one development in recent weeks regarding the always contentious question of how a court or regulator determines whether a worker is an employee or a truly independent contractor.

In recent weeks, there has also been the Department of Labor’s independent contractor rule, which sets...

https://www.freightwaves.com/news/14-year-old-case-that-brought-abc-test-to-new-jersey-was-just-settled

Goodyear Tire plant ordered to pay $4M in back pay to Mexican workers

More than 1,300 workers and former employees at a Goodyear Tire & Rubber factory in Mexico will receive $4.2 million in back pay as part of a labor rights mediation plan, U.S. authorities said.

The mediation announced by the Department of Labor on Monday was the result of an investigation under the U.S.-Mexico-Canada-Agreement’s (USMCA) rapid response labor mechanism of the Goodyear Tire facility in the central Mexican city of San Luis Potosi. The USMCA is a trade pact signed by the three...

https://www.freightwaves.com/news/goodyear-tire-plant-ordered-to-pay-4m-in-back-pay-to-mexican-workers

Loaded and Rolling: Freight upcycle may come early, says Morgan Stanley

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Freight upcycle may come early, says Morgan Stanley

(Photo: Jim Allen/FreightWaves)

The freight...

https://www.freightwaves.com/news/loaded-and-rolling-freight-upcycle-may-come-early-says-morgan-stanley

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