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DISNEY ARBITRATION FIASCO SHOWS NEED FOR COHERENT BUSINESS AND LEGAL STRATEGIES

01 Oct

Legal remedies don’t exist for their own sake, but to serve the needs of people and businesses. Seeking maximal enforcement always may lead to public ...

WHITE HOUSE PLANS NEW RESTRICTIONS ON SMALL CLOTHING IMPORTS

23 Sep

The Journal of Commerce reports[1] that the Biden administration has announced plans for new rules restricting the imports of apparel and textiles fal...

EQUAL PROTECTION CHALLENGE TO AB5 APPEALED TO SUPREME COURT

17 Sep

California’s AB5 bill, setting forth a strict independent contractor/employee test for many businesses, has been subject to a constitutional challenge...

LARGEST NYC TAXI INSURER IS INSOLVENT

09 Sep

American Transit Insurance Co. (ATIC) is the largest insurance provider for taxis, black cars, app-based rideshare drivers, and other livery services,...

REVISED NY FREELANCE ISN’T FREE ACT GOES INTO EFFECT AUGUST 28

28 Aug

SCI reported last year on the New York State Freelance Isn’t Free Act, originally scheduled to take effect this May. Since then, a new version has bee...

ARBITRATION DENIED OVER ILLUSORY CONTRACT, ILLUSTRATING DANGER OF NO-NOTICE AT-WILL CHANGE CLAUSES

26 Aug

The hardware retail giant Lowe’s recently lost a motion to compel arbitration when the trial court found the contract at issue was illusory. This case...

FEDEX CONSOLIDATION CREATES RECRUITING OPPORTUNITIES

20 Aug

The Wall Street Journal reported[1] that national delivery giant FedEx continues to consolidate its Ground and Express networks into a single channel....

“NUCLEAR VERDICTS” ON THE RISE

15 Aug

Jury verdicts in personal injury and wrongful lawsuits involve subjective, noneconomic damages such as pain and suffering, loss of consortium, and som...

Sole Proprietors Should Consider Forming a LLC

14 Aug

Why Sole Proprietors Should Consider Forming an LLC If you're an owner/operator just starting out or currently performing deliveries as a sole proprie...

DEMANDS FOR ARBITRATION JUST GOT HARDER AS COURT BROADENS TRANSPORTATION WORKER EXEMPTION

05 Aug

The argument that individuals do not qualify for the Federal Arbitration Act (FAA) transportation worker exemption because their work is too separate ...

CALIFORNIA SUPREME COURT UPHOLDS CONSTITUTIONALITY OF APP DRIVER EXCEPTIONS TO ABC TEST

02 Aug

The California Supreme Court recently issued its opinion in Castellanos, et al. v. State of California, et al., No. S279622 (July 25, 2024), upholding...

BUSINESS-TO-BUSINESS CONTRACTS NOT SUBJECT TO FAA EXEMPTION

01 Aug

A case from the United States District Court for the District of Connecticut has proven the continuing viability of the argument that business-to-busi...

SECOND HUNG JURY IN UBER BLACK FLSA CASE SHOWS DIFFICULTY OF APPLYING INDEPENDENT CONTRACTOR TESTS

19 Jul

For the second time a jury has been unable to reach a unanimous decision on whether Uber Black drivers qualify as employees under federal and state la...

SCOTUS OVERTURNS DOCTRINE OF CHEVRON DEFERENCE, MAKING STATUTORY INTERPRETATION BATTLES HARDER FOR FEDERAL REGULATORS

16 Jul

The United States Supreme Court recently issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451 (June 28, 2024)[1], overturning decade...

PAGA REFORMS MARK STEP IN THE RIGHT DIRECTION FOR CALIFORNIA BUSINESS

15 Jul

On June 18th the California Chamber of Commerce, Governor Gavin Newsom, and the leaders of each house of the California legislature announced that the...

ILLINOIS INDEPENDENT CONTRACTOR PROTECTIONS IN EFFECT AS OF JULY 1ST

02 Jul

Many states and local jurisdictions across the United States have recently enacted laws governing contracts and payments of individual independent con...

NJ CASE DEMONSTRATES JUDICIAL HOSTILITY TO INDEPENDENT CONTRACTOR MODEL

02 Jul

A recent case from the New Jersey Supreme Court shows how hostile many judges are to the idea of favoring independent contractor status. Even with cle...

SCOTUS CASE ON NLRB INJUNCTIONS REVEALS SHIFT ON AGENCY DEFERENCE

25 Jun

The United States Supreme Court recently issued its opinion in Starbucks Corp. v. McKinney, No. 23-367 (June 13, 2024). While the specific holding is ...

NEW NYS ASSEMBLY LABOR CHAIR, HARRY BRONSON, MUST NOT FORGET ABOUT INDEPENDENT WORKERS

31 May

Expect New Legislation Agenda from Labor Committee to Attack Small BusinessesHarry Bronson is the newly appointed Chair of the NYS Assembly Labor Comm...

NEW JERSEY WEAPONIZES DEPARTMENT OF LABOR TO ATTACK COMPANIES ON MISCLASSIFICATION

31 May

Expect to be Investigated on Misclassification in New JerseyLogistics companies in the State of New Jersey who engage independent contractor drivers s...

PROTECTING YOUR BUSINESS JUST GOT A LITTLE HARDER WITH THE FTC’S BAN ON NON-COMPETES

13 May

Every business fears having a competitor that knows its inner-most workings, or worse yet, access to their client base. The first line of defense is ...

KNIGHT-SWIFT’S MOVES MAY SIGNAL A NEW GROWTH OPPORTUNITY

09 May

There are a lot of opportunities for brokers and owner operators to expand their own businesses; changes in the trucking industry present just such an...

9TH CIRCUIT FINDS BUSINESSES, COMMERCIAL CONTRACTS NOT SUBJECT TO FAA TRANSPORTATION WORKER EXEMPTION

25 Apr

Here’s some good news for the Final-Mile Industry. The 9th Circuit’s recent decision in Fli-Lo Falcon, LLC v. http://Amazon.com , Inc., No. 22-35818, ...

CTA REQUIREMENTS FOR FILING BENEFICIAL OWNERSHIP INFORMATION GO INTO EFFECT THIS YEAR

23 Apr

The Corporate Transparency Act (“CTA”) was passed by the United States Congress at the beginning of 2021 as part of that year’s defense appropriations...

RISE IN DOUBLE-BROKERING SCHEMES DEMONSTRATES NEED FOR VISIBILITY

02 Apr

A recent Wall Street Journal report [1] illustrates the growing problem of double-brokering fraud in the cargo industry. The increasing prevalence of ...

NAVIGATING MILEAGE REIMBURSEMENTS FOR DELIVERY DRIVERS – THE PARKER CASE UNPACKED

22 Mar

In a landmark decision that’s stirring discussions across the employment and transportation sectors, the United States Court of Appeals for the Sixth ...

ONE LESS DEFENSE TO CALIFORNIA PAGA CLAIMS

30 Jan

The Supreme Court of California decided a case earlier this month effectively foreclosing manageability defenses to plaintiffs’ claims in Private Atto...

NEW JERSEY WEAPONIZES DEPARTMENT OF LABOR TO ATTACK COMPANIES ON MISCLASSIFICATION

30 Jan

Expect to be Investigated on Misclassification in New JerseyLogistics companies in the State of New Jersey who engage independent contractor drivers s...

CALIFORNIA ELECTRONIC LOGGING DEVICE REGULATIONS HAVE GONE INTO EFFECT FOR COMMERCIAL MOTOR VEHICLES

19 Jan

California regulations requiring the use of electronic logging devices (ELDs) to make record-of-duty statuses for drivers of commercial motor vehicles...

NINTH CIRCUIT TO RECONSIDER APP SERVICE CHALLENGE TO AB5

27 Dec

The Ninth Circuit Court of Appeals decision that allowed the app delivery companies challenge to California’s AB5 law to proceed has been vacated, and...

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