Category: Law

FMCSA Postpones Drug & Alcohol Clearing house requirement

FMCSA Postpones Drug & Alcohol Clearing house requirement Beginning in January, all employers trying to hire new truck drivers were to be required to do background checks in the Drug & Alcohol Clearinghouse; the problem is in typical government fashion the website doesn’t work! Now, after a week of frustration and delays in being able […]

Knight and Swift Reach Settlement

Knight and Swift Reach Settlement After more than a decade of a class action lawsuit, Knight and Swift have agreed to settle a lawsuit involving more than 20,000 drivers. According to transportationattorneys.net the $100 million dollar settlement had already been fully reserved and is not expected to impact future financial results. The lawsuit started in […]

Indiana Sides with Carrier in Driver Classification Case

Indiana Sides with Carrier in Driver Classification Case The Indiana Supreme Court has upheld a lower court ruling against a driver seeking unemployment benefits using the state’s ABC test to determine the worker’s employment status. According to the State’s ABC test, a business can classify a worker as an Independent Contractor if: If they are […]

NLRB Returns to Long Standing Independent Contractor Standard

National Labor Relations Board (NLRB) Returns to Long Standing Independent Contractor Standard According to nlrb.gov, the NLRB has returned to its long standing independent contractor standard. This reaffirms the Board’s adherence to the traditional common-law test. The NLRB has recognized that entrepreneurial opportunity is one of the determining factors in deciding independent contractor status. The […]

Independent Contractors Exempt from Arbitration under FAA

United States Supreme Court Rule Independent Contractors are Exempt from Arbitration Clauses in Trucking Company Contracts. The US Supreme court has ruled in favor of an Independent Contractor that brought suit against a trucking company which was compelling the Owner Operator to settle a wage dispute through arbitration. The owner operator had brought a class […]