R Eddie Wayland

Viewpoint: Federal appellate court dismisses age discrimination claim as insufficient

Older man sitting at a desk in a suit

A supervisor filed a lawsuit against his employer after his employer terminated him for allegedly placing a concealed camera in the office.  The supervisor claimed that he was unlawfully terminated on account of his sex, in violation of Title VII, and age, in violation of the Age Discrimination in Employment Act (ADEA). The federal Fifth Circuit Court of Appeals (which has jurisdiction over Texas, Mississippi, and Louisiana) was tasked with determining whether the termination was a violation of...

https://www.freightwaves.com/news/viewpoint-federal-appellate-court-dismisses-age-discrimination-claim-as-insufficient

OSHA delays enforcement of revived vaccination or weekly testing mandate

Readers will recall that we recently wrote about President Biden’s vaccine mandate which took shape in the form of an Emergency Temporary Standard (ETS) promulgated by the Occupational Safety and Health Administration (OSHA). Although enforcement of the ETS was halted by the federal Fifth Circuit Court of Appeals, the federal Sixth Circuit Court of Appeals recently revived the ETS, allowing it to go into effect.  In response to the Sixth Circuit’s ruling, OSHA has delayed the deadlines for...

https://www.freightwaves.com/news/osha-delays-enforcement-of-revived-vaccination-or-weekly-testing-mandate

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

Account executive trainees seek FLSA class certification in wage suit against freight broker

A group of account executive trainees at a freight brokerage company with facilities across the United States are seeking conditional class certification in a Fair Labor Standards Act (FLSA) lawsuit against their employer.  The lawsuit alleges that the employees were not paid for all hours worked.   

Background

The employer, a freight brokerage company, classified account executive trainees (employees) as exempt from overtime and paid them a regular biweekly salary. The employees filed a lawsuit...

https://www.freightwaves.com/news/account-executive-trainees-seek-flsa-class-certification-in-wage-suit-against-freight-broker

California Supreme Court settles pay rate for missed meal, rest and recovery periods

The California Supreme Court recently addressed what the proper rate for paying missed meal, rest, and recovery periods is under California state law. The California Supreme Court concluded that the rate must be calculated using not only the employees’ base hourly rate but also a proportionate share of nondiscretionary payments, thus increasing the rate. This ruling has been applied retroactively by the court.

Background

Under California’s Labor Code, Section 226.7(c), employers are required to...

https://www.freightwaves.com/news/california-supreme-court-settles-pay-rate-for-missed-meal-rest-and-recovery-periods

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

Join Our Newsletter
Enter your email to receive a weekly round-up of shipping news.
icon
By subscribing, you agree with our privacy policy and our terms of service.