The US Department of Labor (“DOL”) has just released its anticipated guidance on independent contractor misclassification under the Fair Labor Standards Act (“FLSA”).
A California federal district judge approves an $11 million settlement in a class action lawsuit brought by Los Angeles port truckers against Shippers Transport Express, Inc. and SSA Marine, Inc. alleging that they were misclassified as independent contractors. The settlement included $4.9 million in attorneys’ fees, which the court found to be reasonable. On average, each of the 540 drivers in the class will receive about $13,000. Taylor v. Shippers Transport Express., Inc., No. 2:13-cv-02092 (C.D. Cal. May 11, 2015).
To further the Federal Motor Carrier Safety Administration (FMCSA)'s ongoing commitment to safety, the Agency updated the Safety Measurement System (SMS) and our Serious Violations spreadsheet to better align with all of the Serious Violations in our regulations and IT systems, including five Serious Violations that are currently used in investigations. These violations took effect in the SMS as of February 1, 2015.
The U.S. Supreme Court declined to review a California Supreme Court’s holding that a federal transportation law,...
Corporate Resource Services (Nasdaq: CRRS), a New York-based staffing company with considerable business in California, is in financial straits after its professional employer organization (PEO) TS Employment failed to remit state and federal payroll taxes. The company owes the IRS $95.2 million in unpaid payroll taxes and another half-million to the California Employment Development Department. The PEO and staffing company share common ownership.
On Dec. 16, President Barack Obama signed the appropriations bill, which suspended the enforcement of the required 34-hour restart for truck drivers, including two periods from 1 a.m. to 5 a.m. once-per-week.
The first of many dominos dropped today when one trucking operation announced it is abandoning its owner-operator business model in the California port trucking, due to what it believes is an unfriendly business climate in the state.
This case follows in the footsteps of the Roadway Package System, Inc. (326 NLRB No. 72, Aug. 1998) National labor Relations board case.