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By Kindall C James, Matthew C Lonergan of Bradley Arant Boult Cummings LLP Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an independent contractor exempt from FLSA coverage. The final rule became effective on March 11, 2024 (the “2024 rule”) and replaced the DOL’s independent contractor test that was adopted in 2021 during the first Trump administration (the “2021 rule”), which made it made it easier to classify workers as independent contractors. We previously wrote about the 2021 rule back in January 2021. Recent developments suggest that, under new leadership, the DOL may abandon the short-lived 2024 rule and implement changes to its guidance on this issue in the near future.
Originally published by Scopelitis, Garvin, Light, Hanson & Feary Yesterday afternoon, President Donald Trump signed an executive order (EO), “Enforcing Commonsense Rules of the Road for America’s Truck Drivers,” addressing the requirement for commercial truck drivers to demonstrate English proficiency under the Federal Motor Carriers Safety Regulations (FMCSRs). Under the EO, the Federal Motor Carrier Safety Administration (FMCSA) is directed to take action to ensure drivers who violate the proficiency requirement in 49 U.S.C. § 391.11(b)(2) will be placed out-of-service by roadside enforcement. The EO rescinds the 2016 guidance issued by the FMCSA, which had relaxed the enforcement of English proficiency standards. The 2016 guidance allowed drivers to use interpreters, cue cards, and phone apps to demonstrate English proficiency, and removed the out-of-service requirement for violations. The new EO will reinstate the requirement that enforcement personnel place drivers who do not meet the English proficiency standard out-of-service. The EO explains its goal is to enhance roadway safety by ensuring that all drivers can effectively read road signs, communicate with safety officials, and follow critical instructions.
With Permission from Miles L Kavaller, Atty California port drayage motor carriers in particular, the trucking industry, as well as businesses located in California using California workers, have been dramatically impacted by AB5, commonly known as the “ABC” test defining employee.¹ By and large a worker is an employee if that person provides services to a business and is engaged in the same business and is not otherwise eligible for the business-to-business exemption or is a Lyft or Uber driver.² This legislation following the California Supreme Court’s ruling in the Dynamex case, was intended to prohibit misclassification of workers as independent contractors. The Legislative findings supporting this legislation described a port drayage industry as guilty of “wage theft” particularly affecting low wage immigrants.
