Category: Transportation Law
State of New York Labor Decision to Reclassify 1099 Drivers as Independent Contractors
The New York Department of Labor issued the initial holding that Distribution Cooperative Network (“DCN”) was liable for paying tax contributions and benefits to delivery drivers, as they were classified employees. The employer appealed to the Administrative Law Judge, who overruled the initial determination and reclassified delivery drivers of cooperatives as independent contractors. The claimant
California’s AB-5 is “Clearly Detrimental” to the Trucking Industry
A recent California court decision may have far-reaching implications on the trucking industry, not just in California, but also nationwide. In the wake of that decision, the California Trucking Association (the “CTA”), a trade association representing motor carriers that hire independent contractors who are owner-operators, has vowed to continue its fight against the State of
Trucking Industry: Independent Contractors & Arbitration Agreements
The recent U.S. Supreme Court decision in New Prime v. Oliveira provides a cautionary tale for interstate business owners, particularly in the trucking industry. In New Prime, the Supreme Court determined that trucking companies cannot block truck drivers from seeking redress in court for the companies’ alleged illegal activity solely by classifying drivers as “independent
Appellate Court Ruling Demonstrates How Agency Is Established In A Liability Suit
Agency is a legal concept by which the acts of an agent can bind or otherwise create liability for the principal. Though there is no precise formula for determining the existence of an agency relationship, the main consideration is the principal’s right to control the agent. A principal need not actually exercise control over the