The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards.
This transportation blog discusses the issue of whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of transportation workers who are exempt from arbitration under Section 1 of the Federal Arbitration Act.
One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and.
The anticipated decision by the U.S. Court of Appeals for the Ninth Circuit in
Teamsters v. FMCSA dealing with federal preemption of California meal and rest breaks for motor carriers, highlighted in a previous Transportation Blog on Jan. 12, 2020,
1 was more imminent than was suspected. In its decision issued on Jan. 15, 2021, the Ninth Circuit rejected the Teamsters challenge to the Federal Motor Carrier Safety Administration s (FMCSA) authority and upheld the FMCSA s order that California s meal and rest break rules (MRB rules) were preempted by the FMCSA Hours of Service Rules (HOS rules) as they applied to drivers of property-carrying commercial motor vehicles. See California s Meal and Rest Break Rules for Commercial Motor Vehicle Drivers, Petition for Determination of Preemption, FMCSA Docket No. 2018-0304, 83 FR 67470 (Dec. 28, 2018).