Transportation Executive Summary: Practice Group Focus on Case Law and Regulatory Updates


Trucking and transportation companies across the U.S. have relied upon knowledgeable counsel to guide their responses to emerging legal and regulatory issues.

In order to continue to meet the industry’s needs, the Transportation Practice Group at Whitfield & Eddy devoted one of its regular meetings to review important federal cases and their impact on the transportation industry. The presentation focused on various federal court decisions and regulatory guidance issued by the US Department of Labor and the Federal Motor Carrier Safety Administration.

Matters addressed include:

  • U.S. Supreme Court affirms decision that the Federal Arbitration Act prohibits arbitration with independent contractors. Oliveira v. New Prime, Inc., 857 F.3d 7 (1st Cir. 2017). Link to related story
  • U.S. Department of Labor issues new Wage and Hour Opinion Letter addressing compliance issues related to the Fair Labor Standards Act (FLSA) and compensable hours while spent in sleeper berths. Link to related story
  • Federal Motor Carrier Safety Administration proposed rulemaking regarding commercial motor vehicle driver hours of service requirements. Link to related story
  • U.S. District Court holds time spent in sleeper may constitute time worked. Browne v. P.A.M. Transp., Inc., No. 5:16-CV-5366, 2018 WL 5118449, at *1 (W.D. Ark. Oct. 19, 2018) Link to related story 
  • U.S. Supreme Court allows Ninth Circuit decision to stand regarding independent contractors. California Trucking Ass’n v. Su, 903 F.3d 953 (9th Cir. 2018) Link to related story
  • Federal Court finds California decision not preempted by the Federal Aviation Administration Act of 1994. Western States Trucking Assoc. v. Schoorl, 2019 WL 1426304 Link to related story
  • Federal Motor Carrier Safety Administration preemption order stops plaintiff's case regarding meal, break, and rest period rules. Ayala v. U.S Xpress Enterprises, Inc., 2019 WL 1986760 (C.D. Cal. May 2, 2019) Link to related story
  • Transportation Law Update: When is a Broker Not A Broker? Tryg Ins. v. C.H. Robinson Worldwide, Inc., 2019 WL 1766995 (3rd Cir. 2019) Link to related story
  • California Trucking Association v. Becerra 2019 WL 7372056

For more information, contact John F. Fatino, Transportation Practice Group Chair at 515-288-6041.

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