As we previously reported, there have been several Circuit opinions confirming that the Federal Aviation Authorization Administration Act preempts state law tort claims against freight brokers. The monumental impact of these opinions can be seen in a recent set of decisive federal district court decisions. These decisions demonstrate that not only is the scope of FAAAA preemption broad, but that preemption can be established early in the proceedings at the motion to dismiss stage.

In Pelfrey v. J.B. Hunt Transp., Inc., 2023 Fla. Cir. LEXIS 1580 (Order of May 19, 2023, Cause No. 04-2021-CA-00116), the Circuit Court for the 8th Judicial Circuit of Bradford County, Florida ruled favorably on J.B. Hunt Transportation Company’s motion for summary judgment, which challenged vicarious liability and statutory employer theories.

During 2023, California continued its long history of enacting legislation intended to protect the rights of employees. Below is a summary of the most critical legal updates affecting California employers and employees as of 2024, as well as recent notable State Supreme Court opinions from 2023. 

On December 22, 2023, the Office of Foreign Asset Control (OFAC) issued a Sanctions Advisory that provides guidance to “foreign financial institutions that conduct or facilitate significant transactions or provide any service involving Russia's military-industrial base.” The Advisory implements an amendment to Executive Order 12024 (EO) that grants OFAC new authority to exert jurisdiction over foreign financial institutions that now run the risk of being sanctioned by OFAC.

The State of North Carolina saw a number of significant developments in the area of labor and employment law in 2023, including the passage of legislation that prohibits compelled speech when an individual seeks state government or community college employment and changes to the state's occupational safety and health rules

The year 2023 presented significant new developments in labor and employment law in the state of Indiana. Such developments included restrictions on noncompete agreements for physicians, the enactment of a consumer data privacy law, and new tax legislation. Below is a summary of these key changes.

Around 215 employment lawsuits came to an end in Oklahoma in 2023. Of those 215 lawsuits, around 140 likely ended in a settlement. The defendants prevailed on dispositive briefing 28 times, with 17 summary judgment victories. Several of the more interesting or notable cases are summarized below.

This update highlights key developments in Nebraska labor and employment law in 2023, as well as how these developments will impact employers in 2024.