Legal Update

Changes to Hours of Service Rules

Bowing to complaints from the trucking industry, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has proposed revisions to its hours-of-service regulations. Heralded as an opportunity to give drivers “relief from rigid mandates,” the proposed revisions are actually a thinly-veiled attempt to allow companies to limit the quality of driver resting time and extend the overall hours a driver can drive.

Teamsters General President Jim Hoffa condemned the proposed revisions stating: “Trucking is already one of the nation’s most dangerous jobs. 

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Independent Contractor Laws: California Sides With Workers While NLRB Backs Big Tech

It has been over a year since California’s highest court sent shock waves through Silicon Valley, declaring what many considered the end of the “gig economy” in California. In Dynamex Operations West v. Lee, the Court dealt a crucial blow to Uber and Lyft and their business model based on classifying workers as “independent contractors.”

But since the Dynamex decision came down, both companies have gone public making wealthy stockholders even wealthier.

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California Court Expands Reporting Time Pay Requirements

A California Court of Appeal has issued an important decision expanding the concept of what it means to “report for work” for purposes of eligibility for reporting time pay, which could have significant impact on both unionized and unorganized workforces.

California’s Wage Orders include a requirement that employers pay employees at least two hours of regular pay when employees are required to “report for work,” but are not put to work. In Ward v.

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What the November elections may mean for union members

Now that the midterm elections are over, it’s time to look at the results and what they might mean for laws affecting Teamsters and working people generally.

A divided Congress portends more gridlock

The midterms left the U.S. Congress divided, with Democrats holding a majority in the House of Representatives and Republicans retaining control of the Senate. House Democrats are expected to introduce legislation on several important labor issues—like raising the federal minimum wage,

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Legislature and Governor help Labor to deal with Janus fallout

The Supreme Court issued its Janus decision, allowing public employees to opt out of paying fair share fees, at 10:00 a.m. Eastern Time June 27. By early afternoon that same day, right wing anti-union organizations were taking action to encourage employees to stop paying fees and some public employers were already encouraging their employees to do so.

Organized labor, however, was already primed to respond. Within about 24 hours of the Court’s release of the Janus decision,

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Supreme Court “Weaponizes the First Amendment”

The Republican-appointed justices on the Supreme Court have decided that the U.S.  Constitution’s First Amendment makes a mighty club to beat down the Democratic Party, the rights of minorities, and unions. The entirety of First Amendment reads as follows:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble,

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The case that has all of Silicon Valley shaking in its boots

The California Supreme Court issued a crushing blow to the “gig economy” in a late-April ruling.  In Dynamex Operations West v. Lee, the Court imposed a standard that will make it much harder for employers to escape state employment standards by calling their workers “independent contractors” when there is little to nothing “independent” about their work.

Dynamex is a nationwide package and document delivery company (for Home Depot and Office Depot among others),

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Recent changes to California’s labor and employment law

Here is a brief summary of the most notable new labor and employment laws and regulations that became effective on January 1, 2018:

Expansion of drugs subject to DOT testing

Those working in industries regulated by the Department of Transportation (DOT) should be aware of a new rule issued by the DOT that expands the current drug testing panel to include commonly prescribed pain medications like Vicodin and Oxycontin. These opioid-based pain medications can be obtained legally through a valid medical prescription.

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