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

Labor, climate costs loom large for trucking in 2024

WASHINGTON — While election-year politics may gridlock Congress from passing meaningful truck-related legislation in 2024, the potential for a change in administrations could be a catalyst for finalizing two regulations that have major cost and operational implications for the industry.

Proposed rules to tighten standards for independent contractors and on carbon emissions from heavy trucks — both of which are undergoing final review at the White House — also fit squarely within the...

https://www.freightwaves.com/news/labor-climate-costs-loom-large-for-trucking-in-2024

Western Global Airlines’ owner investigated for retirement plan conflicts

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The Department of Labor has asked the federal judge overseeing Western Global Airlines’ bankruptcy...

https://www.freightwaves.com/news/western-global-airlines-owner-investigated-for-retirement-plan-conflicts

DOL seeks misclassified Arizona delivery drivers who are owed millions

The U.S. Department of Labor (DOL) said this week it is still seeking nearly 1,400 Arizona drivers who are owed up to $5.6 million after a victory in a misclassification case that was settled in November.

Parts Authority Arizona LLC and Arizona Logistics Inc., which was operating as Diligent Delivery Systems, were ordered by a federal court to pay $2.8 million in back wages and $2.8 million in damages to 1,398 drivers who worked for the companies from 2012 to 2020.

“We want to make sure that...

https://www.freightwaves.com/news/dol-seeks-misclassified-arizona-delivery-drivers-who-are-owed-millions

15 states jump into California’s ongoing AB5 legal battle 

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A cascade of filings in the “other” AB5 case earlier this week includes one from 15 state attorneys...

https://www.freightwaves.com/news/fifteen-states-jump-into-californias-ongoing-ab5-legal-battle

New trucking trade group has 1 focus: DOL’s independent contractor rule

There’s a new trucking-focused trade group in Washington and it is interested in one issue: independent contractor status.

The group is called Truckers Integral to our Economy (TIE) and its executive director is Scott Brenner, who is also an executive director at Crossroads Strategies, a Washington-area lobbying firm. Brenner told FreightWaves he worked in Congress for about 10 years on the Ways and Means and Transportation committees and also spent time at the Department of Transportation...

https://www.freightwaves.com/news/new-trucking-trade-group-has-1-focus-dols-independent-contractor-rule

Delivery drivers to share $5.6M in misclassification case victory

Nearly 1,400 delivery drivers will split $5.6 million following a yearslong investigation by the U.S. Department of Labor, which found that a national auto parts distributor and an Arizona logistics company had misclassified their employee drivers as independent contractors.

The DOL’s consent judgment, obtained in the U.S. District Court for the District of Arizona, orders joint employers Parts Authority Arizona LLC and Arizona Logistics Inc., operating as Diligent Delivery Systems, to pay $2.8...

https://www.freightwaves.com/news/delivery-drivers-to-share-56m-in-misclassification-case-victory

DOL independent contractor definition could pose problems for truck fleets

The more than 160-page proposed rule on defining independent contractors now up for comment by the Department of Labor has a few provisions that transportation attorneys believe could be a problem for transportation companies.

While the proposed rule may be hefty in size, it does not include a great deal of specificity. (The words “truck” and “trucking” only appear once each.) This new DOL rule would replace a Trump administration rule still in effect after a court decision reinstated it after...

https://www.freightwaves.com/news/dol-independent-contractor-definition-could-pose-problems-for-truck-fleets

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