Federal Court Rules Against XPO in Driver Misclassification Case

Photo: Port of Long Beach

A federal district court judge has issued a judgment in favor of five port and rail truck drivers against XPO Cartage in a driver misclassification lawsuit, awarding the drivers $958,660 in reimbursement plus attorney's fees and costs.

The California Labor Commission had previously issued awards to the five drivers following hearings that found they had been misclassified as independent contractors. XPO Cartage appealed those five decisions in California Superior Court and the case was moved to Federal court. Attorneys for the Labor Commission defended the decisions on behalf of the drivers.

After a four-day bench trial and post-trial briefing, Judge William Keller of the U.S. Central District Court of California ruled the cases were not preempted by the Federal Aviation Administration Authorization Act of 1994 and that all five drivers were entitled to reimbursement for expenses and deductions owed to them as full employees of XPO Cartage.

The driver misclassification issue is driven by drivers serving the ports who are classified as independent contractors but due to restrictions explicitly or implicitly enforced on them, are unable to realistically work for another company and do not own their own equipment. Because they are not technically employees of the companies they work for, in some cases drivers are not able to access basic benefits that regular employees are legally entitled to.

"The United States District Court's decision in this case vindicates the rights of five employees who have sought for years to recoup the deductions unlawfully withheld from their wages due to being misclassified as independent contractors," said California Labor Commissioner Julie A. Su. "My office is dedicated to ensuring workers are paid what they are due under the law and ensuring workers are properly classified."

The ruling against XPO Cartage is just the latest in a long ...Read the rest of this story

Spot Van, Flatbed Freight Rates Rebound Slightly

National average spot truckload rates for van and flatbed freight rose during the week ending May 20 while the refrigerated freight rate remained at its highest mark since January, reported freight matching service provider DAT Solutions.

The number of available loads on DAT load boards increased 5.4% compared to the previous week while posted truck capacity fell 2.9%. Van and reefer load-to-truck ratios had double-digit increases:

The national average van rate increased 1 cent $1.69 per mile as the number of posted loads increased 9% while truck posts fell 3%. Average outbound rates, including fuel surcharges, from major markets were mixed:

Meantime, reefer load posts increased 13% while truck posts declined 2% last week. The national average spot reefer rate held at $1.99 per mile, the highest weekly average since mid-January.

Prices out of California were varied, with rates trending up in Southern California but slipping or remaining unchanged in Central Valley markets. With harvests winding down in Florida, rates dropped significantly from Miami and Lakeland.

Other key reefer lanes showed big differences in rates:

There was very little movement in the flatbed market as load posts increased 1% while truck posts declined 3%. The national average spot flatbed rate added 1 cent to $2.09 per mile with the flatbed load-to-truck ratio remaining strong, though not quite as healthy as it was ...Read the rest of this story

East Manufacturing Offers New Lightweight Tipper Trailer

East Manufacturing has introduced its new Lightweight Tipper Trailer, designed for increased payload and durability in refuse hauling operations.

East has re-engineered the Tipper trailer to increase payload by removing 1,200 pounds of excess weight. The company removed excess weight in the fifth wheel plate area, from the suspension subframe and from the sides of the trailer body. The company also substituted an aluminum bumper assembly to replace the original one made of steel.

The Lightweight Tipper Trailer maintains a double-wall construction on its aerodynamic East Genesis smooth-sided design with an advanced system of floor-to-wall attachment. It is designed to be easier to clean and not show pings and dings on the outside like traditional external post walls, according to East. The outboard Genesis design is also able to provide more capacity than traditional external post trailers, according to East.

Genesis Aerodynamic design has 2-inch thick, double-wall extruded aluminum panels, that are lighter than competitive walls and provide eight times more wall support than external posts positioned every 25 inches, according to East. The double-wall panels are robotically welded vertically inside and out for increased strength. The design resists bowing, reduces corrosion from road salt, and can reduce maintenance and repair costs.

The Lightweight Tipper Trailer's wall-to-floor construction is designed to secure a critical point for trailer strength – the welded union of cross members, floor plates, and sidewalls. To ensure a strong floor-to-wall attachment joint, cross members and floor plates interlock into the bottom rub rail, forming a poket to accept the sidewall panels.

“East continues to strive to be the industry leader in innovation,” said Dave de Poincy, president of East. “Supplying our customers with this new Lightweight Tipper Trailer helps fulfill our mission to provide optimum payload to our customers.”

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Bison employees helping in missing kids search

Volvo Truck Honors Military Heroes

The new Volvo VNR 640 model will travel in a motorcade from the plant to the U.S. capital to participate in the Ride for Freedom rally during the Memorial Day weekend. (Photo courtesy of Volvo Trucks)

Volvo Trucks' New River Valley (NRV) assembly plant in Dublin, Va., unveiled the design of its 2017 Ride for Freedom truck featuring the all new VNR model, which will accompany a motorcade of about 160 motorcycles from the plant to Washington, D.C., during the “Run for the Wall” motorcycle rally Memorial Day weekend. Now in its 30th year, the annual Ride for Freedom honors the brave men and women who have served – and continue to serve – to protect America.

For 26 years, NRV employees and the UAW Local 2069 Veteran Committee have supported the Ride for Freedom event, creating special graphics to salute America's military heroes. The truck, Volvo's new Volvo VNR 640 model, features custom-designed graphics that honor America, all branches of the U.S. military, and those who served with the slogan, “We stand for the flag and kneel for the fallen.”

Volvo Trucks provides complete transport solutions for professional and demanding customers, offering a full range of medium to heavy duty trucks. Customer support is secured via a global network of 2,200 dealers and workshops in more than 125 countries. Volvo trucks are assembled in 15 countries across the globe. In 2016, 103,000 Volvo trucks were delivered worldwide. Volvo Trucks is part of the Volvo Group, one of the world's leading manufacturers of trucks, buses and construction equipment, and drive systems for marine and industrial applications. The Group also provides solutions for financing and service. Volvo's work is based on the core values quality, safety and environmental care.

Related: Volvo Trucks to Launch Regional VNR Model

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Transit Trailer adds East to product lineup

Descartes acquires ShipRush

Descartes Systems Group announced it has acquired ShipRush, a provider of e-commerce multi-carrier parcel shipping solutions for small-to medium-sized businesses (SMBs).

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