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Tag: courts
Channel 19
The power of video evidence in fighting tickets, DataQs challenges
Courtroom crash dissembling and drama can be cut as with a sharp knife by good video evidence that proves your case, as this example from a Virginia bulk hauler shows clearly. It helps a speedy DataQs challenge, too.
April 1, 2021
Business
For now, trucking remains exempt from California’s restrictive contractor law
A federal judge on Monday extended an injunction against California’s restrictive, anti-owner-operator law, allowing trucking to remain exempt until further notice.
January 13, 2020
Channel 19
California court battles over independent contractor ‘ABC test’: One case stayed while another proceeds
The California Trucking Association’s case against use of the problematic “ABC test” in determining appropriate independent contractor classification, has been stayed as of last week, pending the outcome of a similar case already at the Ninth Circuit Court of Appeals.
August 12, 2019
Voices
POLL: Should sleeper-berth time for company drivers be compensated directly?
While recent high-profile court rulings seemed to suggest that even off-duty sleeper time for employee drivers should be subject to minimum wage compensation rules, but a Department of Labor opinion has more recently contradicted that. What’s your take?
July 24, 2019
Voices
POLL: As state legislatures take up various new abortion restrictions, what’s your view?
Several states where Republicans control legislative and executive branches of government have taken up new abortion restrictions in recent times, most notably Alabama with what amounts to an outright abortion ban. Weigh in via this latest “hot buttons” series poll.
May 21, 2019
Business
The California independent contractor crisis: Undermining the owner-operator
The next battle in what some view as a West Coast war on owner-operators has nothing to do with truck emissions. Instead, California’s labor law developments, predatory lease-purchase practices and aggressive union organizing are stirring a legal stew for the independent contractor model in trucking.
February 4, 2019
Business
Federal judge’s opinion presents a twist in California’s independent-contractor status conflict
A new judgement in a federal district court interprets the strict ABC employee/contractor test as pre-empted by federal law when it comes to truck transportation, bucking an April ruling by the California Supreme Court.
December 18, 2018
Business
FMCSA, DOT present oral arguments over sleep apnea guidelines, medical form changes
Attorneys for OOIDA argued last month in court that the U.S. DOT illegally altered sleep apnea screening guidelines for truck drivers by slipping an appendix into larger rule after the public comment period had ended. DOT refutes these claims.
December 14, 2017
Business
How to fight traffic tickets, whether with or without legal help
There is more than one way to skin the cat when it comes to fighting tickets. While more than four in 10 Overdrive readers say they have seen success contesting a ticket without employing a lawyer to help, interviews reveal a different pattern.
December 27, 2016
Voices
Reader: Do I need to comply with California meal and rest break rules?
Short answer: California’s meal and rest break provisions are seeing some litigation after court precedent. Some employers in a defensive posture are requiring the breaks of their drivers, adding complexity on top of an already complex federal hours reg.
January 27, 2016
Business
‘Obamacare, round three’ kicks off with open enrollment Nov. 1
As insurance exchanges start the third annual open enrollment period Nov. 1, owner-operators have one last chance to avoid fines that are getting stiffer in 2017 for not carrying health insurance.
October 12, 2015
Business
Lives matter, regardless of who’s a fan
Wendy on Ontario court’s speed limiter ruling: “If the people who bring you literally every single thing you eat, drink, wear, sit on, lay on and pee in don’t represent a broad societal interest,’ then I’m afraid no one does. … Trucker lives matter.”
September 4, 2015
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