Owner-Operators Ask for Broker Transparency, Brokers’ Respond – None of Your Business – In FMCSA Listening Session on Broker Transparency Regulations

  On Wednesday, October 28, 2020, the Federal Motor Carrier Safety Administration (FMCSA) hosted a public listening session concerning pending broker transparency rulemaking petitions. These petitions propose to clarify or modify the federal regulations requiring brokers to disclose certain information to carriers, including the amount the shippers paid a broker to arrange a load. Specifically, […]

FMCSA to Host Listening Session on Broker Transparency Regulation

From 1:00 PM to 2:30 PM EDT on Wednesday, October 28, the Federal Motor Carrier Safety Administration will host a public listening session concerning the pending broker transparency rulemaking petitions. These petitions propose to modify the federal regulations requiring brokers to disclose certain information to carriers, including the amount the shippers paid a broker to […]

The California Supreme Court Provides New Guidance on How AB 5 Could Impact Independent Owner-Operator Truck Drivers Based Throughout the Nation

  The California Supreme Court recently issued two decisions that shed light on the question of whether AB 5 would be imposed on owner-operator truck drivers who spend a majority of their time outside of California.[1] These decisions may influence the pending legal challenge to the application of AB 5 to the trucking industry. The […]

Congress Considering Raising Minimum Motor Carrier Public Liability Insurance to $2 Million

  An already challenging economic environment for truckers may worsen with a proposal in Congress to increase minimum public liability insurance limits to $2 million. In mid-June, Representative Jesús “Chuy” García (D-IL-04) introduced a proposal in Congress that require commercial motor vehicles to be insured against liability at a level of $2 million—266% higher than […]

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 […]

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 […]