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The Official NorthAmerican Transportation Association Blog


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The Battle of the Arbitration Agreement

11/26/2019
with 0 Comments
 
Assembly Bill No. 51 (“bill”) was signed into law on October 10, 2019 and will go into effect on January 1, 2020. Specifically, the bill prohibits employers from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act or other specific statutes governing emplo... Read More

NLRB Issues New Union-Friendly Stance on Employers

07/12/2016
with 0 Comments

 
The National Labor Relations Board just issued its long-awaited decision in Miller & Anderson, furthering its union-friendly stance on joint employment and bargaining units.  The Board’s decision makes it easier for a union to combine solely and jointly employed employees into a single bargaining unit.  For example, an employer’s direct, permanent employees can be c... Read More

Trucking - One of the Great Entrepreneurial Opportunities

04/12/2016
with 1 Comments

Big rigs rumbling down the freeway are a sign of good times.

Trucking is now the fastest-growing small-business industry in the U.S., thanks to a robust economy and expanded options for small business loans and financing.

Trucking is one of the great entrepreneurial opportunities, trucking is and will continue to be, the dominant way to move goods in this country. In fact, there’s so... Read More


Independent Contractors Operational Best Practices

04/12/2016
with 0 Comments

With recent attacks to the independent contractor model in the transportation industry, we put together this list of seven of the most important practices for dealing with independent contractors.  These tips are essential in maintaining a distinction between the motor carrier and the contractors.

1. Have a solid Equipment Lease Agreement that is written by an experienced Transportation Attorn... Read More


Independent Contractors Can Make More Money than Regular Drivers

04/05/2016
with 0 Comments

California owner-operators can earn substantially more than company drivers in the Golden State, per a new study released by the California Trucking Association and the Inland Empire Economic Partnership.

The Owner-Operator Driver Compensation Study found that drivers who operate independently have the ability to earn up to a six-figure income. And it determined that, based on recent figures, owner... Read More


Negligent Driver Hiring Can Bite You in the Butt

08/25/2015
with 0 Comments

With the ever-growing driver shortage looming, many motor carriers are lowering their hiring standards to fill their empty trucks.  No company wants to turn down a job because they don’t have drivers to service the account.  But while companies to some extent are at the mercy of supply and demand, carriers have to keep the potential for negligent hiring lawsuits top of mind.

Neglige... Read More


California Supreme Court Emphasizes the Importance of Written Contracts to the Independent Contractor relationship

07/23/2014
with 1 Comments

On June 30, 2014, the California Supreme Court issued its ruling in Ayala v. Antelope Valley Newspapers, Inc., addressing the availability of class certification (class action lawsuits) in claims of independent contractor misclassification.  The trial court had rejected certification of the class finding that, even if the plaintiffs were misclassified, the claims alleged would require claim-s... Read More


California Court of Appeal Holds Employers Must Establish Interstate Commerce for FAA Preemption

07/02/2014
with 0 Comments

In Lane v. Francis Capital Mgmt. LLC (Cal. Ct. App. Mar. 11, 2014), a California Court of Appeal held a former employee’s claim for unpaid wages were exempted for arbitration by California Labor Code section 229.

Section 229 provides that employee wage claims may be brought by an individual “without regard to the existence of any private agreement to arbitrate.” However, in Perry ... Read More


The War against Independent Contractors or how does the government get new taxes!

03/27/2014
with 2 Comments

Why would our government make war on one of the most productive and safest groups in the transportation sector?   While there is no declared or undeclared war on owner-operators and independent drivers by government, it sure feels like it for many of them. How else can one explain the variety of laws, regulations, and rules that have come out or are pending that may adversely affect them... Read More


California based Pacific 9 Transport and Teamsters Reach Settlement on Organization Effort

03/27/2014
with 0 Comments

Pacific 9 Transportation, a Los Angeles-area port trucker, and the Teamsters have reached a settlement agreement that bars the carrier from penalizing drivers who support the union’s effort to organize them.

The settlement agreement that was announced on March 19 indicates that the drivers were illegally classified as independent owner-operators.

The Pac 9 case is similar to dozens of cases ac... Read More


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