Many trucking companies were celebrating the recent decision by the Federal Motor Carrier Safety Administrator (the Administrator) when, in pure Heisman trophy fashion, the Administrator “stiff-armed” California meal and rest period laws on his way to the proverbial end zone.

An Arizona court recently ruled that language included in a motor carrier’s email signature block became part of the operative contract between the parties. The language at issue referenced and incorporated standard terms and conditions into all business transactions, and was included in the motor carrier’s offer of services. The court held that the email signature block, and, consequently, the terms and conditions, became part of the contract between the parties when the offer was unconditionally accepted. Brokers and carriers should take note of the clear benefits of referencing and incorporating their preferred terms and conditions into all of their written communications.

On May 7, 2019 a jury in Hidalgo County, Texas, awarded $80 million in damages to trucker Lauro Lozano following his allegations that the trucking company he worked for forced him to falsify his logs so that he could continue driving in violation of federal hours of service requirements.

International Registration Plan (IRP) is a reciprocity agreement among states of the U.S., the District of Columbia, and provinces of Canada which recognizes the registration of commercial motor vehicles issued by other jurisdictions. Motor carriers register with and pay to one jurisdiction (their “base jurisdiction”). Registered motor carriers receive apportioned plates and are able to travel through all IRP member jurisdictions. Commercial motor vehicles either alone or used in combination weighing more than 26,000 pounds (11,794 kilograms), and traveling in two or more jurisdictions, are likely registered under IRP.

On March 18, 2019, the United States Supreme Court denied without comment a petition by the California Trucking Association (CTA), which sought to overturn a ruling by the Ninth Circuit permitting the California Labor Commissioner's Office to use a worker classification standard known as the Borello test in disputes before the California Department of Industrial Relations (known as Berman hearings). Berman hearings are administrative proceedings that address wage claims under the California Labor Code. The Borello test is a set of factors used to determine worker classification (employee or independent contractor) pursuant to S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341.

On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085, which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements.

Colorado Governor Jared Polis signed into law House Bill 19-1025 (the Act), making Colorado the latest state to prohibit certain employers from inquiring into a prospective employee’s criminal history on a job application. Starting September 1, 2019, certain employers will no longer be able to ask job applicants to disclose prior criminal history on job applications, but employers are explicitly permitted to perform a publicly available criminal background check at any point in the hiring process.

On June 5, 2019 the Securities and Exchange Commission (SEC) adopted a package of regulatory items in four parts intended to “substantially enhance” the standards of conduct for financial professionals.

Colorado Supreme Court recently issued an important ruling to address whether litigants may pursue a civil theft claim (including theft or unauthorized use of trade secrets) where such acts also constitute a breach of contract. Colorado civil theft, codified in C.R.S. § 18-4-405, awards the rightful owner of stolen property the greater of $200 or three times the loss suffered.