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Posted in: March, 2017

Owner-operators: employees or independent contractors?

Our industry is under attack nationally from the way motor carriers are classifying drivers.  First, “statutory employee” rules made trucking companies liable for negligent drivers regardless of whether the drivers are actually independent contractors.  Federal Motor Carrier Safety Regulations, 49 C.F.R. § 390.5, eliminates the distinction between “independent contractors” and “employees” for liability purposes.  This […]

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EEOC sues trucking company for failing to accommodate a driver’s service dog

The Americans with Disabilities Act (“ADA”) prevents an employer from discriminating against a disabled worker who can, with or without reasonable accommodation, perform the essential functions of the relevant job. The employer must reasonably accommodate the disability unless the accommodation would impose an undue hardship. Leon Laferriere is a military veteran with PTSD. His psychiatrist prescribed using a service dog […]

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Victory in U.S. District Court!

Greg Holland and Ryan Furgurson scored a victory for Omni Hotels this week in the U.S. District Court for the Western District of Virginia.  On March 7, District Judge Elizabeth Dillon granted Omni’s Motion for Summary Judgment in Thomas v. Omni Hotels, Civil Action No. 5:15-cv-00086.  The plaintiff alleged that she slipped and fell on ice on […]

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