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A group of non-profit attorneys have outmaneuvered a port trucking enterprise, thwarting its attempts to avoid misclassification liability through bankruptcy protection. On July 6, Asian Americans Advancing Justice-LA and the Wage Justice Center secured final approval of the landmark $5 million class action settlement against QTS Inc. and its related entities including LACA Express and Win Win Logistics from Judge Elihu…

Touted as one of the rising stars in the logistics world following its 2003 acquisition spree of 25 companies, XPO Logistics may be facing more lawsuits challenging its business model of classifying its truck drivers as independent contractors than any other logistics company in America. XPO freight, port, and rail drivers, as well as XPO warehouse workers, from across the…

State agencies are not the only governmental actors scrutinizing misclassification at port trucking companies. The National Labor Relations Board (NLRB) is now weighing whether misclassification in and of itself constitutes a violation of federal labor laws. Following an investigation, Region 21 of the NLRB recently found merit to charges filed by the Teamsters union that port drayage company Intermodal Bridge…

Port trucking companies' responses to the California Division of Labor Standards Enforcement's (DLSE) flurry of decisions closing out 2015 took a new twist.  Instead of appealing the decisions, the three companies involved - Pacific 9 Transportation, Fargo Trucking and WinWin Logistics - let all but a handful of the more than 100 decisions stand. The companies' inaction essentially made the…

According to maritime consulting experts Drewry, west coast ports are not yet ready to handle regular calls from 18,000 twenty-foot-equivalent unit capacity vessels.  One of the reasons Drewry gives for ports being unprepared is the desperate need to improve the efficiency of the port trucking system.  But on December 26, CMA CGM’s 18,000 TEU Benjamin Franklin became the largest containership…

What’s an “Employee”? Or better yet, how do we figure out whether someone who performs work is an employee or an independent contractor? Today, a state-wide group of eleven civil rights, legal services, and policy advocacy organizations filed an amicus curiae brief before the California Supreme Court in the case Dynamex Operations West, Inc. v. Superior Court of Los Angeles…

As we reported in our previous post, port drayage firms large and small are modernizing their business models to adapt to changes in the marketplace and government regulatory enforcement priorities.  Hub Group and Old Dominion Freight Line have both reacted by making announcements of moving to an employee driver model in order to avoid costly litigation and to improve reliability.…

Pacific 9 Transportation drivers have begun the 14th week of their indefinite Unfair Labor Practice strike. Picketing by drivers and their supporters have impacted marine terminals operations that have allowed Pac 9 trucks through their gates when there has been active picketing. After the beginning of this latest strike, the California Department of Labor Standards and Enforcement (DLSE) held hearings…

On Tuesday, the Supreme Court of the United States rejected an Oakland trucking company's request for writ of certiorari review in Oakland Port Services, Corp. v. Godfrey. The trucking company petitioned the Supreme Court of the United States (SCOTUS) to review a California appellate court decision that California's meal and rest break protections are not preempted by Federal Aviation Administration Authorization Act…

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