FMCSA issues interim guidance on definitions of broker and bona fide agents In response to a mandate in last year’s infrastructure law, FMCSA has issued interim guidance regarding the agency’s definitions of “broker” and “bona fide agents” in the context of transportation by motor vehicle. Although the interim guidance was effective immediately, FMCSA requested comments […]
DOL proposes to reverse Trump-era rule on worker classification under FLSA The U.S. Department of Labor’s Wage and Hour Division last month proposed a rule to revise WHD’s analysis of determining worker classification under the Fair Labor Standards Act (FLSA). The notice of proposed rulemaking (NPRM) does not directly address trucking-specific issues, but it noted […]
NLRB proposes joint-employer rule to undo Trump-era rule The National Labor Relations Board has issued a notice of proposed rulemaking that would make it easier for workers to claim joint employment, reversing a February 2020 rule that made it more difficult for workers to make such a claim. The current rule states that employees could […]
Appeals court upholds the latest changes to HOS rules The U.S. The U.S. Court of Appeals for the District of Columbia Circuit late last month rejected a challenge to the September 2020 changes in the federal hours-of-service rules for truck drivers. Three truck safety advocacy groups and the Teamsters Union had challenged two of the […]
Leased owner-operator model outlawed in California as Supreme Court denies cert The legal battle over whether trucking companies can use leased owner-operators ended June 30 when the U.S. Supreme Court chose not to disturb a federal appeals court decision overruling an injunction against enforcement of AB 5 against motor carriers. U.S. District Judge Roger Benitez, […]
Labor Department sets forums to explore misclassification issue Having recently suffered a loss in the courts over its undoing of a Trump administration rule, the U.S. Department of Labor (DOL) plans a rulemaking on determining employee or independent contractor status under the Fair Labor Standards Act (FLSA). To start that process, the department is scheduling […]
FMCSA resurrects plan to require speed limiters on heavy trucks As recently as December, the Federal Motor Carrier Safety Administration had labeled speed limiters for heavy commercial vehicles as a long-term priority and not imminent, but it has now indicated that it will move forward with a plan to require carriers to use such devices. […]
Biden administration suffers setbacks on independent contractor policies The Department of Labor (DOL) in March lost battles in both the courts and Congress in its efforts to reverse Trump administration policies regarding use of independent contractors. On March 14, a federal judge in Texas ruled that DOL had violated the Administrative Procedure Act (APA) when […]
FMCSA removes x-ray exam from definition of ‘medical treatment’ The Federal Motor Carrier Safety Administration (FMCSA) has revised its regulatory guidance concerning the use of the term “medical treatment” for the purpose of accident reporting. The revised guidance explains that an x-ray examination is a diagnostic procedure and should no longer be considered “medical treatment” […]
