Insights - May/June 2017 - 28
Photo courtesy of Port of Los Angeles
Independent Contractor Status
Could Be Strengthened by
Recent Developments
R
ecent changes in the political, judicial and legislative arenas
could strengthen the stance of independent contractor status for
companies and workers who have been battling persistent efforts to
disrupt that productive relationship, industry experts believe.
Developments such as the election of President Trump,
a Circuit Court of Appeals case and renewed congressional
attention to worker status legislation were cited as reasons for
impending changes during interviews with Intermodal Insights by
three attorneys who specialize in transport worker status cases.
The issue of whether to classify workers as independent
contractors or employees has been in sharp focus for a number
of years. High-profile court battles have raged involving both
Uber and FedEx Corp.'s Ground unit. FedEx has changed its
independent contractor relationship model and settled cases. At
the same time, intermodal trucking has been a target at the state
level, particularly in California, where state agencies have ruled
against motor carriers and the Teamsters have won a handful of
elections to sign up workers as union employees.
"In the last year or two, the trend in many areas of the country
has been to find that workers are employees," said attorney Greg
Feary from Scopelitis, Garvin, Light, Hanson & Feary. "Over the
last two months, not all tied to the election of President Trump,
28 Intermodal Insights | May/June 2017
things seem to be trending a little in
the other direction."
Favorable
Ninth Circuit Ruling
Feary specifically cited a late
March Ninth U.S. Circuit Court of
Appeals decision as a favorable
indicator for trucking and intermodal.
That Circuit, which often has ruled
against companies in worker status
Feary
cases, found that Ivan Iontchev and other
taxicab workers in Arizona were independent contractors under
the Fair Labor Standards Act and state wage and hour laws.
Feary indicated that the decision citing those drivers were "in
business for themselves when they leased their taxicabs" should
be helpful for trucking and intermodal because the relationships
between companies and workers is analogous, and because the
Table of Contents for the Digital Edition of Insights - May/June 2017
President’s Message
IANA News
As Infrastructure Plan Excitement Builds, Payment Questions Are Still Prominent
Full Year 2017 Intermodal Business Volume Growth Is Projected
Maintenance & Repair Committee Focuses on Practical Steps to Aid Safety
Operations Committee Advances Chassis and Terminal Safety Efforts
Progress Achieved in Chassis Safety, More Work Ahead
Highlights from IANA's Operations & Maintenance Business Meeting
3PLs Rely on Transportation Management Systems to Meet Customer, Company Information Requirements
Freight Report
Suppliers’ TMS Offer Flexibility, Visibility to Meet Unique Intermodal Requirements
Independent Contractor Status Could be Strengthened by Recent Developments
Government News
Intermodal Information Services News
International Intermodal News
People News
New Members
Intermodal Calendar
EXPO 2017 Education Sessions Descriptions
Insights - May/June 2017 - Cover1
Insights - May/June 2017 - 2
Insights - May/June 2017 - 3
Insights - May/June 2017 - IANA News
Insights - May/June 2017 - 5
Insights - May/June 2017 - 6
Insights - May/June 2017 - 7
Insights - May/June 2017 - 8
Insights - May/June 2017 - As Infrastructure Plan Excitement Builds, Payment Questions Are Still Prominent
Insights - May/June 2017 - 10
Insights - May/June 2017 - 11
Insights - May/June 2017 - 12
Insights - May/June 2017 - Full Year 2017 Intermodal Business Volume Growth Is Projected
Insights - May/June 2017 - 14
Insights - May/June 2017 - Maintenance & Repair Committee Focuses on Practical Steps to Aid Safety
Insights - May/June 2017 - 16
Insights - May/June 2017 - Operations Committee Advances Chassis and Terminal Safety Efforts
Insights - May/June 2017 - 18
Insights - May/June 2017 - Progress Achieved in Chassis Safety, More Work Ahead
Insights - May/June 2017 - Highlights from IANA's Operations & Maintenance Business Meeting
Insights - May/June 2017 - 21
Insights - May/June 2017 - 22
Insights - May/June 2017 - 3PLs Rely on Transportation Management Systems to Meet Customer, Company Information Requirements
Insights - May/June 2017 - 24
Insights - May/June 2017 - Freight Report
Insights - May/June 2017 - Suppliers’ TMS Offer Flexibility, Visibility to Meet Unique Intermodal Requirements
Insights - May/June 2017 - 27
Insights - May/June 2017 - Independent Contractor Status Could be Strengthened by Recent Developments
Insights - May/June 2017 - 29
Insights - May/June 2017 - 30
Insights - May/June 2017 - Government News
Insights - May/June 2017 - Intermodal Information Services News
Insights - May/June 2017 - 33
Insights - May/June 2017 - International Intermodal News
Insights - May/June 2017 - People News
Insights - May/June 2017 - New Members
Insights - May/June 2017 - 37
Insights - May/June 2017 - 38
Insights - May/June 2017 - Intermodal Calendar
Insights - May/June 2017 - EXPO 2017 Education Sessions Descriptions
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