Weber Gallagher’s Post

https://lnkd.in/eJbdwumg If this admin rule becomes the law of the land trucking is in for some enormous changes. seems to me there is a long standing law at the federal level preventing any rule that would inhibit interstate commerce by truck #logisticsmanagement #transportationindustry #truckingindustry #unionstrong

Can employers claw back discretionary bonus already granted to employees? In Pet Line Company Limited v Wong Wai Hei (黃惠熹) [2019] HKDC 227, the District Court held that the plaintiff employer could not do so since there was no such express term in the employment contract. On the facts of the case, the implied term argument was not available to the employer.   Read more in our article: https://lnkd.in/gA5HaBxX   #employment #discretionarybonus #gratuitousbonus #clawback #employmentcontract 

AB5 update: After being sent to the U.S. Court of Appeals for the Ninth Circuit, AB5 was upheld to prevent misclassification of workers as independent contractors. Though it was argued that AB5 would cause an undue burden to the trucking industry, Judge Jacqueline Nguyen expressed that workers will be automatically subjected to specific testing to determine whether a worker is an employee or independent contractor. However, the trucking industry, especially small trucking companies, are experiencing negative impacts of AB5. Learn more about the Ninth Circuit opinion here: https://bit.ly/3L9vWio #AB5 #independentcontracts #employmentlaw #trucking

🚛 California Trucking Industry Supports PAGA Lawsuit Reforms! 🚛 Exciting news! The California trucking industry is backing significant reforms to the Private Attorney Generals Act (PAGA). This change aims to curb frivolous lawsuits and bring fairer resolutions for employers and workers. 🌟 Key Highlights: - Major Overhaul: First significant reform to PAGA since 2004. - Balanced Approach: Agreement supported by California Gov. Gavin Newsom, labor unions, and the business community. - Caps and Compliance: Proposed law includes caps on penalties for violations and emphasizes corrective actions by employers. - Standing Requirement: Plaintiffs must now prove they experienced the labor code violations they claim. - Statute of Limitations: One-year limit on when claims can be made, ensuring timely and manageable cases. - Encourages Compliance: Employers who quickly rectify issues will face reduced penalties. 📣 What It Means: These reforms aim to reduce exploitative lawsuits, ensuring that only genuine claims are pursued, and encouraging employers to maintain fair labor practices. Stay tuned for more updates on how these changes will impact the trucking industry and labor laws in California! #TruckingIndustry #PAGAReform #CaliforniaLaw #LaborLaw #FairWorkplace #EmployeeRights #BusinessCommunity #NewsUpdate

New York Governor Kathy Hochul has proposed an amendment to the New York Labor Law that aligns with the holding of Grant v. Global Aircraft Dispatch, Inc., which found there was no private right of action for pay frequency claims. The modification would clarify that an employee is not entitled to liquidated damages for pay frequency violations “where the employee was paid in accordance with the agreed terms of employment, but not less frequently than semi-monthly.”   Kelly Cardin and Maggie Delany provide details on the proposed amendment: https://bit.ly/3tULL7T   #employmentlaw #wageandhour #newyorklaw

https://lnkd.in/eJbdwumg The below quote is directly from this DOL document. Why is it no one is talking about it as it pertains to trucking? "This final rule continues to affirm that a worker is not an independent contractor if they are, as matter of economic reality, economically dependent on an employer for work" #transportationindustry #sustainablebusiness #executivesandmanagement #logisticsnews #owneroperators #contractors

In Texas, some employers choose to opt out of the state workers' compensation program. So, what happens if you are an employee of one of these non-subscribers and get injured on the job? To help folks understand what their options are, we've put together a guide all about the non-subscriber work injury law in Texas. Read More: https://lnkd.in/gp__FwVd

Injuries at work that result from falling are compensated under California workers compensation laws. You have rights and we are here to help you assert those rights. Call Khalil Law Group any time 📞 Khalil Law Group, Exceeding Expectations! DM us, call us at (714) 617-5189 for a consultation. Or email: info@khalillegal.com This post and information does not constitute an attorney and client relationship. You are not a client of Khalil Law Group unless an agreement has been executed, in writing, by all parties. #Negligence #slipandfall #accident #settlements #workerscomp #workerscompensation #insuranceclaims #compensation #california #accidentattorney #temporarydisability #mentalstress #workinjury #construction #scaffolding #bluecollar #injury

CRST Independent Contractor Driver Litigation (Active) About This Case This lawsuit is brought as a nationwide class and collective action on behalf of truckers who drove for CRST’s Expedited division and were treated as “owner operators” or “lease operators” by CRST. The lawsuit claims that CRST misclassifies these drivers as “independent contractors” when they are actually employees and then makes unlawful deductions from their wages that result in minimum wage violations. Plaintiffs seek unpaid wages as secured by the Fair Labor Standards Act (minimum wages), liquidated (double) damages, and costs and attorneys’ fees, as well as declaratory relief. The initial complaint was filed on January 17, 2020 in the United States District Court for the District of Massachusetts. #leasepurchase #trucks #truckdrivers #trucking #independentcontractors #misclassifiedworkers #trucking #crst #flsa #lawsuit #legal #classaction https://lnkd.in/gsqeV-ZK

Truck drivers' strike ends, government assures to discuss new law, know why there is protest #Government #law #assures #discuss #Drivers #ends #hitandrunlaw #hitandrunnewlaw #hitandrun #protest #Strike #truck #truckdriverstrike #truckdriverstrikehitandrunlaw #truckdriverstrikenews