Will California’s New Zero-Emission Truck Rule Zero-Out Owner-Operator Opportunities?

  Last week the California Air Resource Board (“CARB”) adopted what it has heralded as a “first-in-the-world” rule requiring truck manufacturers to transition from diesel to electric zero-emission trucks starting in 2024. CARB anticipates that by 2030, nearly one in three new tractor-trailers in California will have zero emissions. This is likely the first of […]

Big Brother and the License Plate Data Holding Company: Your Constitutional Right to Privacy on the Open Road

  Since the beginning of this year, the Tennessee legislature has been considering a bill that would bring law enforcement surveillance cameras, automated license plate readers (ALPRs), to the state’s interstate highways.[1] They would not, however, be used for traffic enforcement.[2] Instead, these cameras would be used to further big data policing strategies, which have […]

California’s AB 5 Lawsuit Against Uber and Lyft: What it Means to Perform Work “That Is Outside the Usual Course of the Hiring Entity’s Business.”

  One of the biggest challenges to assessing AB 5’s impact on the owner-operator model has been ambiguity about how it will be enforced by California. Particularly at issue is Part B of the ABC test codified by AB 5. An employer who wishes to treat their workers as independent contracts must be able to […]

OOIDA Files Amicus Brief in Support of Current Injunction of AB 5 Enforcement

  The Cullen Law Firm, PLLC filed an amicus brief on behalf of the Owner-Operator Independent Drivers Association (“OOIDA”) in support of the preliminary injunction currently preventing California from enforcing the state’s new worker classification law AB 5. The United States District Court for the Southern District of California imposed the injunction earlier this year […]

OOIDA Urges Federal Appeals Court to Stop States From Using Truck-Only Tolls to Balance Their Budgets

  OOIDA and five of its members recently filed a brief in a federal appeals court challenging the October 2018 35% increase in heavy truck tolls on the Indiana Toll Road. The brief explains that the truck tolls violate the U.S. Constitution because they unreasonably burden and discriminate against interstate commerce. The full appeal brief […]

Public Eyes, They’re Watching You

        A lawsuit filed in late March by JUMP—Uber’s dockless shared electric scooter and bike service—against the City of Los Angeles serves as a timely reminder that just because you travel on public roadways does not mean the government can engage in unbridled surveillance. JUMP’s challenge to Los Angeles’s data collection policy […]

Your Privacy Rights in the Time of COVID-19

  Earlier this month, the governor of Utah enacted an executive order to combat the spread of COVID-19 that requires travelers to turn over detailed personal information when entering the state. The executive order raises serious constitutional questions about the validity of warrantless government searches and serves as a timely reminder that even a national […]

Application for Paycheck Protection Loans for Small Businesses and Independent Contractors Now Available: What You Need to Know

              Last week, The Cullen Law Firm provided guidance on new loan and unemployment benefit programs implemented by the Coronavirus Aid, Relief, Economic Security Act (“CARES Act”), the largest financial assistance package enacted in United States history. A principle component of the CARES Act was the creation of the Paycheck Protection Program and the […]

NEW GOVERNMENT LOAN PROGRAMS TO HELP SMALL BUSINESSES AND INDEPENDENT CONTRACTORS HURT BY COVID-19 VIRUS

AMOUNTS OF LOANS USED TO COVER COSTS TO BE FORGIVEN             On Saturday, March 28, 2020, President Trump signed into law the largest financial assistance package in United States history: The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. One of the largest components of the CARES Act is the Paycheck Protection Program, a new […]

Independent Contractors Whose Businesses Are Hurt by COVID-19 to Get Unemployment Benefits Under New CARES Act

  The Relief for Workers Affected by Coronavirus Act, a portion of the CARES Act, signed into law on March 27, 2020, provides two primary types of relief to American workers hurt by COVID-19: (1) expanded unemployment assistance and coverage; and (2) cash payments. 1.  Expanded Unemployment Assistance – Even to Owner-Operators. The CARES Act […]