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Employment Challenges in Transportation and Logistics: Arbitration Programs, Independent Contractors, and Federal and State Regulations in 2022

Evolving standards for the transportation worker exemption under the Federal Arbitration Act, independent contractor tests, and preemption of state employment rules

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 20, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will guide in-house counsel and employment practitioners on navigating the unique employment issues in the transportation and logistics sector. The panelists will discuss how to advise clients on worker classification, arbitration agreements, and regulatory compliance.

Description

Counsel must consider and address employment issues unique to transportation and logistics companies. The pandemic has led to a tight labor market which, in turn, has caused significant challenges to logistics supply chains. Consequently, recruitment and retention are critical issues. In fact, so significant are the labor-availability pressures on trucking and logistics companies, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has proposed a pilot program to allow drivers aged 18, 19, and 20 to operate commercial vehicles in interstate commerce. Moreover, this sector highlights the continuing challenges posed by using a contingent workforce rather than workers with a traditional employment relationship, making worker classification a central point.

The transportation worker exemption under the Federal Arbitration Act (FAA) continues to evolve after New Prime Inc. v. Oliveira with the U.S. Supreme Court in Southwest Airlines v. Saxon poised to settle a split in the circuits regarding whether an airline’s ramp workers qualify as “transportation workers” exempt from the FAA. This decision, together with a flurry of decisions from lower courts, has broad ramifications on the viability of arbitration agreements across the transportation sector and the economy as a whole.

In addition to these hot-button issues, employment counsel for transportation and logistics companies must prepare to advise on various unique regulatory compliance matters such as worker classification, meal and rest breaks, wage and hour issues, safety issues, and drafting safety manuals and employee handbooks.

Listen as our distinguished panel provides guidance on employment issues facing counsel for transportation and logistics companies. The panelists will discuss worker classification issues, arbitration agreements, and best practices for maintaining regulatory compliance.

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Outline

  1. The state of arbitration programs after New Prime Inc. v. Oliveira in light of the continuing evolution of the transportation worker exemption, including what to expect from the U.S. Supreme Court in Southwest Airlines Co. v. Saxon
  2. Continued challenges to the independent contractor owner-operator model in California and beyond
  3. Compliance and regulatory challenges facing the transportation industry, federal preemption of state law requirements per the FMCSA
  4. Best practices for employment counsel in representing transportation companies

Benefits

The panel will review these and other relevant topics:

  • What are the unique worker classification issues impacting the transportation and logistics sectors?
  • How will the Supreme Court's ruling in New Prime Inc. v. Oliveira affect arbitration agreements in the transportation industry?
  • What are the regulatory compliance matters that employment counsel for transportation and logistics companies need to consider?

Faculty

Chemers, Alexander
Alexander M. (Zander) Chemers

Shareholder
Ogletree Deakins Nash Smoak & Stewart

Mr. Chemers has significant experience defending employers against wage-and-hour claims, ranging from single plaintiff...  |  Read More

Massiatte, Michael
Michael W. Massiatte

Of Counsel
DLA Piper

Mr. Massiatte focuses his practice on labor and employment matters, including employee relations, employee benefits,...  |  Read More

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