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The State of California Wishes To Assist Its Beloved and Valued Trucking Companies Comply With Labor Laws Regarding Clas...
10/27/2023

The State of California Wishes To Assist Its Beloved and Valued Trucking Companies Comply With Labor Laws Regarding Classification of Drivers as ICs. Well, that's a stretch. In reality the state still hates you if you use ICs. BUT, they did publish something for all the world to see which at least backs them in to a corner. California Breaks Down The B2B Exemption…...

The State of California Wishes To Assist Its Beloved and Valued Trucking Companies Comply With Labor Laws Regarding Classification of Drivers as ICs. Well, that’s a stretch. In reality the st…

Oral Fluid Drug Testing Rules Released By USDOT The Department of Transportation (DOT) published a final rule (effective...
07/22/2023

Oral Fluid Drug Testing Rules Released By USDOT The Department of Transportation (DOT) published a final rule (effective June 1, 2023) that, among other items, authorizes employers to use oral fluid drug testing as an alternative testing methodology to urine drug testing. The final rule also: harmonizes with pertinent section of the HHS oral fluid Mandatory Guidelines, clarifies certain Part 40 provisions that cover urine drug testing procedures,...

Oral Fluid Drug Testing Rules Released By USDOT The Department of Transportation (DOT) published a final rule (effective June 1, 2023) that, among other items, authorizes employers to use oral flui…

The Most Trucking-Unfriendly Federal Court Rules That AB5 (and the dreaded "ABC" Test) Violates The Equal Protection Cla...
03/24/2023

The Most Trucking-Unfriendly Federal Court Rules That AB5 (and the dreaded "ABC" Test) Violates The Equal Protection Clause of the US Constitution. This Decision Applies To App-based Industries Like Uber and Lyft BUT Could Very Well Apply To Trucking Companies. Let Me Explain. About the only industry that hated AB5 and the ABC test more than independent contractor truck drivers, were Lyft, Uber, and other so-called “gig based” businesses....

The Most Trucking-Unfriendly Federal Court Rules That AB5 (and the dreaded “ABC” Test) Violates The Equal Protection Clause of the US Constitution. This Decision Applies To App-based In…

DR. MYNKO CERTIFIED BY MROCC AS MEDICAL REVIEW OFFICER For Immediate Release March 9, 2023 Rancho Cucamonga, CA --- Dr. ...
03/09/2023

DR. MYNKO CERTIFIED BY MROCC AS MEDICAL REVIEW OFFICER For Immediate Release March 9, 2023 Rancho Cucamonga, CA --- Dr. Mynko of HD Physical Medicine and Transportation Attorneys recently qualified as a certified Medical Review Officer(MRO). Dr. Mynko is a Medical Doctor, Transportation Attorney, Certified DOT Medical Examiner and now a Certified Medical Review Officer. Dr. Mynko was certified by the Medical Review Officer Certification Council (MROCC), an independent physician-based certifying body that conducts a rigorous and extensive application process and written credentialing examination to identify licensed physicians with the highest professional standards of medical expertise and practical skills necessary to evaluate drug and alcohol test results in public and private sectors of the workplace....

DR. MYNKO CERTIFIED BY MROCC AS MEDICAL REVIEW OFFICER For Immediate Release March 9, 2023 Rancho Cucamonga, CA — Dr. Mynko of HD Physical Medicine and Transportation Attorneys recently quali…

Work Comp Auditors Are Now Applying the ABC Test In Audits of Trucking Companies and Demanding Proof that the OO has WC ...
11/14/2022

Work Comp Auditors Are Now Applying the ABC Test In Audits of Trucking Companies and Demanding Proof that the OO has WC Insurance Here at Transportation Attorneys, we are seeing more aggressive auditing of trucking companies by their workers' compensation insurance companies. And as I am sure you all know, the law in California regarding classification of workers as independent contractors has undergone radical changes over the last few years....

Work Comp Auditors Are Now Applying the ABC Test In Audits of Trucking Companies and Demanding Proof that the OO has WC Insurance Here at Transportation Attorneys, we are seeing more aggressive aud…

ALERT: EDD Is Now Using The ABC Test! Will B2B Exemption Apply? AB5, AB2257, The "ABC" Test and the California EDD The C...
09/26/2022

ALERT: EDD Is Now Using The ABC Test! Will B2B Exemption Apply? AB5, AB2257, The "ABC" Test and the California EDD The California EDD is Now Enforcing the ABC Test Against Trucking Companies I recently had a consultation with a client who was audited by the California EDD. By the time I was contacted, the audit was completed, and the client was given a notice of assessment by the EDD....

ALERT: EDD Is Now Using The ABC Test! Will B2B Exemption Apply? AB5, AB2257, The “ABC” Test and the California EDD The California EDD is Now Enforcing the ABC Test Against Trucking Comp…

Can Your OTR Trucking Company Avoid California Jurisdiction on AB5/ABC? AB5, AB2257, The "ABC" Test and California Juris...
09/05/2022

Can Your OTR Trucking Company Avoid California Jurisdiction on AB5/ABC? AB5, AB2257, The "ABC" Test and California Jurisdiction Can your trucking company escape the long arm of California law? Clients routinely ask me about how they can avoid AB 5 (now AB 2257), and the ABC test. What these questions really come down to is whether California jurisdiction applies, and whether you can rightfully be sued in Superior Court in California, face a California EDD audit, get dragged to the California Labor Board, concern yourself with defending against a work injury claim in California, in addition to other judicial and quasi-judicial forums....

Can Your OTR Trucking Company Avoid California Jurisdiction on AB5/ABC? AB5, AB2257, The “ABC” Test and California Jurisdiction Can your trucking company escape the long arm of Californ…

"ABC" Test Applies To Trucking Companies (CTA Loses Appeal To Supreme Court) 14 Months Ago I Wrote an Article With This ...
07/01/2022

"ABC" Test Applies To Trucking Companies (CTA Loses Appeal To Supreme Court) 14 Months Ago I Wrote an Article With This Headline:Ninth Circuit Appeals Court Rules AB5 and ABC Test Are Not Preempted by Federal Law! California Trucking Companies Who Use ICs Are Now Easy Targets: Court Rules AB5 Not Preempted By Federal Law. I lamented this decision back then: As some of you may recall, AB5 codified the “ABC“ test to determine whether a worker is an independent contractor....

“ABC” Test Applies To Trucking Companies (CTA Loses Appeal To Supreme Court) 14 Months Ago I Wrote an Article With This Headline:Ninth Circuit Appeals Court Rules AB5 and ABC Test Are N…

The United States Supreme Court Rules That Individual PAGA Claims Can Be Compelled To Arbitration This ruling will have ...
06/20/2022

The United States Supreme Court Rules That Individual PAGA Claims Can Be Compelled To Arbitration This ruling will have profound effects on arbitration clauses and class action waivers in California. The United States Supreme Court held in Viking River Cruises, Inc. V. Moriana that claims brought pursuant to the California Private Attorney General Act (PAGA) can be split into individual PAGA claims and non-individual PAGA (i.e class or representative claims), that are brought on behalf of others....

The United States Supreme Court Rules That Individual PAGA Claims Can Be Compelled To Arbitration This ruling will have profound effects on arbitration clauses and class action waivers in Californi…

Are You An Employer? Do You Have Employees? If You Answered "Yes" To Both Of These Questions, Your Transportation Compan...
05/05/2022

Are You An Employer? Do You Have Employees? If You Answered "Yes" To Both Of These Questions, Your Transportation Company Should Consider Employment Practices Liability Insurance The COVID Pandemic Aftermath Has Made Things More Difficult For Employers By Increasing Their Risk of Employee Related Disputes I’m sure everyone reading this is aware of the significant labor shortages affecting employers in general, and trucking in particular....

Are You An Employer? Do You Have Employees? If You Answered “Yes” To Both Of These Questions, Your Transportation Company Should Consider Employment Practices Liability Insurance The CO…

Get Your Company Tuned Up For The New Year Annual Year End Corporation and LLC Maintenance Issues As 2021 draws to a clo...
12/18/2021

Get Your Company Tuned Up For The New Year Annual Year End Corporation and LLC Maintenance Issues As 2021 draws to a close, it’s a good idea to think about California corporate compliance requirements. California corporations have a number of annual requirements that must be fulfilled with the California secretary of state and in accordance with California Corporation Law. California corporations must abide by the California corporations code, which require corporations to:...

Get Your Company Tuned Up For The New Year Annual Year End Corporation and LLC Maintenance Issues As 2021 draws to a close, it’s a good idea to think about California corporate compliance requireme…

The FMCSA Enlists The States (and Their DMVs) In Their Battle To Keep CDL Holders With Drug And Alcohol Violations Out O...
10/25/2021

The FMCSA Enlists The States (and Their DMVs) In Their Battle To Keep CDL Holders With Drug And Alcohol Violations Out Of CMVs. The new rule goes into effect November 8, 2021 Pursuant to a new rule issued by the Federal motor carrier safety administration, truck drivers with a history of positive drug or alcohol tests will have their CDL‘s downgraded....

The FMCSA Enlists The States (and Their DMVs) In Their Battle To Keep CDL Holders With Drug And Alcohol Violations Out Of CMVs. The new rule goes into effect November 8, 2021 Pursuant to a new rule…

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