independent contractor classification

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

Top 10 trucking policies likely to be affected by Trump’s return

WASHINGTON — President-elect Donald Trump and Vice President-elect JD Vance will exert significant influence on major policies affecting trucking, with major cost implications, for example, for truck automation and electric vehicles.

While the slate of pending regulations and legislation affecting trucking is long, below is a Top 10 list, in no particular order, of some of the most significant trucking policies that the Trump-Vance administration – along with Congress – will likely be taking on...

https://www.freightwaves.com/news/top-10-trucking-policies-likely-to-be-affected-by-trumps-return

NLRB regional level again rules that Amazon, delivery service partners employ drivers jointly

The relationship between Amazon and drivers for the company’s delivery service partners (DSPs) continues to generate outcomes with potentially major implications.

The most significant development in recent weeks is the decision by a regional office of the National Labor Relations Board that Amazon and one of its DSPs – the companies that actually bring those packages to your door – are joint employers of the DSP workers. It’s the second such decision just since August.

The finding is also...

https://www.freightwaves.com/news/nlrb-regional-level-again-rules-that-amazon-delivery-service-partners-employ-drivers-jointly

Court decision impacting Illinois could snare any carrier crossing the state

A federal court decision involving an Illinois trucking company and that state’s employment law could bring about a “slew” of lawsuits against any carriers that operate in the Land of Lincoln, a trucking-focused law firm warns.

The decision last week by Judge Manish Shah in U.S. District Court for the Northern District of Illinois looked to the B prong of the ABC test that determines whether a worker is an employee or an independent contractor. While the test is most closely associated with...

https://www.freightwaves.com/news/court-decision-impacting-illinois-could-snare-any-carrier-crossing-the-state

Legal challenges ahead for truck speed, hours-of-service rules?

WASHINGTON — With dust starting to settle after the landmark Supreme Court Chevron decision upended the federal rulemaking process, Republican lawmakers are eager to hear about rules that small-business truckers would like to see challenged.

OOIDA’s Lewie Pugh testifies on Wednesday. Photo: House T&I Committee

“I think first and foremost is the speed limiter rule that’s been floated around,” said Lewie Pugh, executive vice president of the Owner-Operator Independent Drivers Association,...

https://www.freightwaves.com/news/legal-challenges-ahead-for-truck-speed-hours-of-service-rules

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

Wisconsin court affirms Amazon Flex drivers were not independent contractors

A group of Amazon drivers who are part of the company’s Flex program have been affirmed by Wisconsin’s Supreme Court to be employees rather than independent contractors.

The state’s highest court on Wednesday declined to review an appeals court decision from last April that overturned a lower court decision.

A court in Waukesha County had ruled in favor of Amazon (NYSE: AMZN), which argued that its Flex drivers were independent contractors under state regulations. The Court of Appeals for...

https://www.freightwaves.com/news/wisconsin-court-affirms-amazon-flex-drivers-were-not-independent-contractors