Please join the California Trucking Association for our Virtual California Trucking Day! We are bringing California Trucking Day to you at home. You will have the opportunity to hear from key legislative leaders in the State Capitol and appointed officials from the California Transportation Commission. Our featured speakers are Senator Lena Gonzalez, Chair of the Senate Transportation Committee and Assemblymember Laura Friedman, Chair of the Assembly Transportation Committee. There will be an open Question and Answer Forum where you will have a chance to ask decision makers about important issues affecting the transportation industry. This event is free to all members!
On July 15, 2021, the California Supreme Court issued a decision in Ferra v. Loews Hollywood Hotel, LLC that changes the law for missed meal, and rest breaks wage premiums. Employers will need to change how they calculate meal and rest period premiums, which may present some challenges. This decision may impact your business because the decision applies retroactively which may put you at risk.
Please join us on August 12 from 1-2pm for an educational session with Robert Roginson of Ogletree Deakins law firm to discuss the decision’s impact for on-duty meal and rest period premium wages and how to keep your business compliant.
About Robert Roginson of Ogletree Deakins:
Robert Roginson is the Managing Shareholder of the Los Angeles Office and Chair of the Firm’s Trucking and Logistics Industry Group. His practice focuses on all aspects of California and federal wage and hour and pay practice counseling and class action defense.
Mr. Roginson represents employers in administrative agency investigations and state and federal class action litigation. Mr. Roginson has defended dozens of employers, motor carriers, and other companies in class actions and PAGA lawsuits involving a variety of allegations, including worker misclassification, meal and rest period violations, reimbursement claims, off-the-clock claims, and record keeping violations. He also counsels' employers and companies on California and federal wage and hour and pay practice laws, federal preemption matters, prevailing wage laws, project labor agreements (PLAs), labor relations and union matters. Mr. Roginson is regarded by clients as a trusted strategic advisor focused on developing effective and practical solutions to complex legal employment challenges. He is adept at developing compliant policies and practices to avoid and minimize litigation.
The Federal Maritime Commission has established a new audit program and dedicated audit team to assess carrier compliance with the Agency’s rule on detention and demurrage as well as to provide additional information beneficial to the regular monitoring of the marketplace for ocean cargo services.
The “Vessel-Operating Common Carrier Audit Program” was established Monday at the direction of Chairman Daniel B. Maffei and launched immediately.
The Audit Program will analyze the top nine carriers by market share for compliance with the Commission rule interpreting 46 USC 41102(c) as it applies to detention and demurrage practices in the United States. The Commission will work with companies to address their application of the rule and clarify any questions or ambiguities. Information supplied by carriers may be used to establish industry best practices.
Other focus areas of the audit process may include practices of companies related to billing, appeals procedures, penalties assessed by the lines, and any other restrictive practices.
“The Federal Maritime Commission is committed to making certain the law is followed and that shippers do not suffer from unfair disadvantages. The work of the audit team will enable the Commission to monitor trends in demurrage and detention practices and revenue, as well as to establish an ongoing dialog between staff and carriers on challenges facing the supply chain. Of course, if the audit team uncovers prohibited activities, the Commission will take appropriate action. Furthermore, the information gathered by the audit process might lead to changes in FMC regulations and industry guidance if warranted,” said Chairman Maffei.
The Audit Program will begin with an information request establishing a database of quarterly reports allowing the Commission to assess how detention and demurrage is administered. Responses will be followed by individual interviews with the carriers. Each of the nine largest carriers by market share will be audited irrespective of whether a formal or informal complaint has been filed at the Commission.
Lucille Marvin, the Commission’s Managing Director, will lead both the audit program and the audit team, which will initially be comprised of existing Commission employees.
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