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Brakes On? SCOTUS Rules on Arbitration Agreements in Employment and Transportation Contracts

Just when we thought “full steam ahead” for arbitration clauses in employment contracts, stemming from the U.S. Supreme Court’s loyal adherence to the Federal Arbitration Act (“FAA”) in Epic Systems Corp. v. Lewis, the brakes seem to have slammed on again. In January, the Supreme Court held in New Prime v. Oliveira, that the FAA does have some limitations. The earlier Epic Systems decision was seen by many as a business-friendly ruling, giving employers even greater ability to enforce arbitration agreements with their employees.

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The Benefits of Blockchain in Supply Chain Fireside Chat

Please join us Saturday, April 13th for an exclusive event hosted by Blockchain in Transportation Alliance (BiTA) and CNC Blockchain as we host “The Benefits of Blockchain in Supply Chain Fireside Chat.” Come listen to industry leaders talk about how Blockchain technology is providing value in the supply chain industry, how companies are leveraging Blockchain on a global level and why now is the time to start understanding this innovative technology The speakers will also answer questions from the audience.

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Taylor & Associates joins Blockchain in Transport Alliance

Taylor & Associates is pleased to announce it has joined the Blockchain in Transport Alliance (BiTA), an organization dedicated to developing best practices and standards for blockchain in the transportation industry.  Taylor & Associates looks forward to being an active participant with BiTA as it contributes its legal and industry knowledge to the evolving use of blockchain technology within the transportation and logistics marketplace.

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Breaking Decision: U.S. Supreme Court Affirms that Independent Contractor Drivers May Not Be Forced to Arbitrate Disputes

If your driver agreements contain a requirement to arbitrate disputes, as of last week, that provision is no longer enforceable, according to the U.S. Supreme Court.

On January 15, 2019, the Supreme Court ruled unanimously 8-0 in the case of New Prime Inc. v. Oliveira that a contractual agreement to arbitrate disputes, often found in independent contractor agreements, is exempted from enforcement under the Federal Arbitration Act (“FAA”). New Prime, Inc. v. Oliveira, 528 U.S. __, 2019 WL 189342 (Jan. 15, 2019).

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Time to Update Contracts: New Laws Protect Employers – But You Have to Take Action

It’s the moment you dread: A document marked LAWSUIT arrives at your desk. An employee has sued the company in court claiming sexual harassment or maybe failure to pay overtime wages. The lawsuit even includes threats of class action.

The U.S. Supreme Court has now issued a business-friendly ruling that gives employers the freedom to work out problems privately. It ruled that companies may include in their employment contracts provisions that limit aggressive and costly lawsuits—including class action lawsuits.

Savvy companies, including big-time accounting firm Ernst & Young, use simple arbitration agreements in their employment contracts. These arbitration agreements prohibit employees from banding together and running to court to assert federal labor law violations. Rather, the agreements require that employees—current and former—engage in a private, low-cost arbitration process on an individual basis.

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States to Require ELDs for Intrastate Truckers; Federal ELD Mandate Still Stands

House Bill 545, which proposes to adopt the federal electronic logging device mandate for intrastate motor carriers, is currently making its way through the Florida Senate House and Senate chambers. Should the bill become law, intrastate motor carriers will be required to use ELDs by December 31, 2018. Intrastate hazardous materials motor carriers are specifically excluded and will still be required to comply with the Federal ELD compliance date of December 18, 2017.

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July 2016 Publication of Final Rule: Overtime Exemptions for “White-Collar” Employees

In 2015, the Federal Department of Labor (“DOL”) announced proposed revisions to the Fair Labor Standards Act’s (“FLSA”) current overtime exemptions. The Final Rule will be published in the Federal Register in July 2016, with an effective date of 60 days later. The DOL’s “salary shift” will be the first major change to federal overtime exemptions since 2004, essentially doubling the current minimum salary requirements for employees to qualify for the executive, administrative, and professional exemptions of the FLSA (the “White-Collar Exemptions”).

Under the proposed revisions, the DOL seeks to update the salary level required to ensure that the FLSA’s intended overtime protections are fully implemented, and to simplify the identification of overtime-eligible employees. These proposed revisions will make White-Collar Exemptions easier for employers and workers to identify, understand, and apply.

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