3rd Circ. NJ Classification Ruling Curbs Scope Of Preemption
Law360 (January 30, 2019, 9:09 PM EST) -- The Third Circuit's recent finding that federal law does not preempt New Jersey's standard for distinguishing between employees and independent contractors further hamstrings the trucking industry's fight against state workplace regulations that it claims interfere with interstate transport and drive up labor costs, experts say.
The federal circuit court on Tuesday rejected delivery and logistics company American Eagle Express Inc.'s argument that the Federal Aviation Administration Authorization Act preempted a proposed class action from delivery drivers claiming they were misclassified as independent contractors instead of employees.
The decision signals that courts are carving a brighter line limiting the scope of the...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!