The injunction that bars California’s AB5 independent contractor law from being implemented in the state’s trucking sector will remain in place for now — and perhaps for the next several months.
That was assured Monday morning when the U.S. Supreme Court went silent on the issue when it released its “orders,” the long list of cases that it mostly denies certiorari of lower court appeals but accepts a small fraction.
Monday’s surprise was that the California Trucking Association v. Bonta, the...
The U.S. Supreme Court on Monday unanimously ruled that a federal exemption against mandatory arbitration in wage-and-hour disputes for interstate transportation workers covers cargo loaders at Southwest Airlines, enabling a class action suit over overtime pay to proceed.
Justice Clarence Thomas’ opinion in Southwest Airlines Co. v. Saxon said cargo handlers are engaged in interstate and foreign commerce and subject to the Federal Arbitration Act, which exempts certain classes of transportation...
https://www.freightwaves.com/news/supreme-court-rules-airline-cargo-handlers-exempt-from-arbitration
The brief filed by the California Trucking Association in response to the solicitor general’s views on whether the U.S. Supreme Court should review the state’s AB5 law opens by citing a well-known legal philosopher: Chico Marx.
“Who you gonna believe, me or your own eyes?” is the famous Chico quote (spoken while dressed as Groucho) the CTA invokes in its critique of the solicitor general (SG) recommendation that the Supreme Court not review a 9th Circuit appellate court decision. That decision,...
https://www.freightwaves.com/news/cta-fires-back-at-solicitor-general-review-of-californias-ab5
The U.S. Supreme Court will hear oral arguments on March 28 in a case involving Southwest Airlines over whether airline cargo handlers are transportation workers who are not required to arbitrate employment-related disputes.
The Federal Arbitration Act (FAA) generally requires enforcement of private agreements, but exempts seamen, railroad employees or other workers engaged in foreign or interstate commerce from arbitration to limit labor strife that prevents goods movement critical to the...
Drawing on the intense media attention gained by defiant Canadian truck drivers and opponents of government mandates regarding COVID-19, some U.S. truckers have launched their own cross-country effort, the “People’s Convoy,” which rolled out on Wednesday from Adelanto, California, bound for Washington.
The plan is to arrive in the D.C. Beltway area on March 5, five days after President Joe Biden’s first State of the Union address.
Although truckers who gathered at Adelanto Stadium, home of a...
This past Sunday was the 174th anniversary (February 20, 1848) of the birth of Edward Henry Harriman.
Early career and start in railroading
Born on Long Island, New York, Harriman was the son of a minister. Although he was a very good student, he left school in 1861 at the age of 13 to work on Wall Street. Harriman began as an office boy, but worked his way up to be the managing clerk of an investment firm. Thanks to a loan from his uncle, Harriman purchased a seat on the New York Stock...
The Supreme Court ruled Thursday on the Biden administration’s vaccine mandate. (Photo: Shutterstock)On Thursday, the Supreme Court ruled in a 6-3 decision that blocked enforcement for vaccine or testing requirements for large private companies over 100 employees. Prior to the decision, the Occupational Safety and Health Administration issued new guidance, stating the vaccine mandate rule would not apply to solo truck drivers.
In...
Trucking companies and other private businesses covered by the Biden administration’s COVID-19 vaccine and testing mandate have been given a small amount of compliance breathing room by the Occupational Safety and Health Administration (OSHA) after a federal appeals court reinstated the rule.
In a decision issued late Friday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit voted 2-1 to grant a motion by OSHA to lift a stay of the vaccine-or-test Emergency Temporary...
Elizabeth Prelogar took over as the U.S. solicitor general on Oct. 28. On Monday, the U.S. Supreme Court made her new job extremely important to the trucking industry in California.
After a conference Friday on the California Trucking Association’s appeal of lower court rulings that if allowed to stand would implement independent contractor rule AB5 in the state’s trucking business, the court announced Monday that it was seeking the opinion of the solicitor general’s office on the case, known...
https://www.freightwaves.com/news/legal-match-over-fate-of-ab5-has-new-player-us-solicitor-general
The U.S. Supreme Court on Tuesday denied review of the AB5-related Cal Cartage case. But the decision does not directly impact the more significant case regarding AB5, the state’s independent contractor law, by the California Trucking Association, which is also seeking high court review.
Reporting by at least two key news sources earlier in the day suggested that the denial of certiorari in the Cal Cartage case would have the effect of fully implementing AB5 in California’s trucking sector. (Cal...