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Journal Article

Citation

Siegel KE. J. Transp. Law Logist. Policy 2007; 74(3): 328-335.

Copyright

(Copyright © 2007, Association of Transportation Law Professionals)

DOI

unavailable

PMID

unavailable

Abstract

The author examines current legal issues in motor carrier labor and employment. The author concludes that the motor carrier industry must be more alert to congressional actions and all related consequences for industry, rather than just obvious applications and purported purposes. He believes that outside counsel with industry knowledge and the ability to use that knowledge in relevant litigation should be selected by carriers in order to avoid bad decision that will affect the industry as a whole and both parties as a case. He argues that while a court's actions cannot always be controlled, the industry should try its best to provide effective guidance. The author examines such issues as the Fair Labor Standards Act exemption and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); penalties, sanctions, and private rights of action; state overtime rule application expansion; carrier workers' compensation liability; independent contractor reclassification; and OSHA jurisdictional scope expansion.

Language: en

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