Independent Contractor, Employee or Agent?

Posted by on Oct 28, 2011 in Employment and Labor, Q & A, Transportation Question:   What determines the difference between an independent contractor and an agent in a broker/shipper relationship? Answer:   The distinction between an independent contractor and an employee is very murky and the subject of MANY lawsuits, most often by the government seeking to reclassify independent contractors as employees.  There is no bright line test. Generally stated, an...
read more

Oregon Employment Department vs. Trucking

Posted by on Sep 22, 2011 in Employment and Labor, Regulations, Transportation Ask yourself the following questions: 1. Are you a trucking company? 2. Do you lease equipment from owner-operators? 3. Do you ever sell or lease equipment (e.g. trucks, tractors, trailers, accessorial items) to the owner-operator that you then lease-back from the owner-operator? 4. Do the drivers provide service primarily in Oregon? Or are they based in Oregon?  Or are they dispatched from you...
read more

Whistleblower Protections for Transportation Employees

Posted by on Mar 21, 2011 in Employment and Labor, Regulations, Transportation Federal law protects transportation employees who complain about or report safety, health and security issues and violations. The Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105, prohibits employers from discharging, disciplining, or discriminating against employees who: file a complaint regarding safety or security issues; the employer believes will file a complaint regarding...
read more

FMCSA Pre-Employment Screening Program (PSP)

Posted by on Nov 17, 2010 in CSA 2010, Employment and Labor, Regulations, Transportation The FMCSA recently launched its Pre-Employment Screening Program (PSP). The PSP offers access to up to five years of driver crash data and three years of roadside inspection data from the FMCSA Motor Carrier Management Information System (MCMIS).  By using driver safety information during pre-employment screening, carriers will be able to better assess the potential safety risks of...
read more