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|Are FedEx Delivery Drivers Employees or Independent Contractors? The Kansas Supreme Court Applies the 20-Factor Test, and Rules They Are Employees|
David M. Eisenberg; Baker Sterchi Cowden & Rice, L.L.C.;
November 28, 2014, previously published on November 6, 2014For years, courts have grappled, in a variety of contexts, with the question of whether a company’s workers are employees of the company, or independent contractors. While virtually all courts have agreed that the characterization of someone as an independent contractor in a written agreement...
|ITC Institutes Investigation (337-TA-935) Regarding Certain Personal Transporters|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 22, 2014, previously published on November 5, 2014On November 5, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Personal Transporters (Inv. No. 337-TA-932).
|Eurasian Economic Union|
Victoria Simonova; Dentons Canada LLP;
November 17, 2014, previously published on October 8, 2014On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...
|The Skies Are Still Friendly, Despite Virgin Galactic Crash|
Eric J. Sinrod; Duane Morris LLP;
November 17, 2014, previously published on November 5, 2014First, we took to the air by hot air balloon. Next, we went even higher via ever-developing aircraft. Astronauts then made their way into outer space and even to the moon.
|Registering Security Interests Over Railcars or Rolling Stock in Canada - Introduction of Online Deposit Function|
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
November 15, 2014, previously published on October 15, 2014As outlined in previous e-lerts, the registration of security agreements, leases and other documents relating to railcars in Canada is governed by the Canada Transportation Act 1 (the “CTA”). Registration of a document associated with railways or rolling stock under the CTA is intended...
|Be Aware Changes to Truck Driver Medical Exams May Be Coming|
David M. Buffo; Husch Blackwell LLP;
November 12, 2014, previously published on October 31, 2014On October 27, 2014 the Federal Motor Carrier Safety Administration’s Medical Review Board (the Board) and the Motor Carrier Safety Advisory Committee (MCSAC) approved a recommendation that would amount to a significant change in the medical regulations if the recommendation were to become...
|Ohio: Air Transportation Operator is Not a Public Utility and Not Entitled to Exemption from Sales Tax|
David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
October 8, 2014, previously published on October 2, 2014The Ohio Board of Tax Appeals (Board) recently determined in Epic Aviation, LLC v. Testa (Case No. 2012-1557) that an air transportation operator’s purchases of fuel were not exempt from Ohio sales tax because such company was not using or consuming the fuel “directly in the rendition...
|National Transportation Safety Board Procedures to Change: Comments Due by October 14, 2014|
Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 2, 2014, previously published on September 22, 2014If you have participated in the investigation of a major transportation calamity, you are likely familiar with the bold yellow lettering on the blue jackets of National Transportation Safety Board (NTSB) investigators. These are the folks charged with determining the probable cause of many...
|GAO Releases Report On Oil & Gas Transportation Infrastructure Including Safety Risks|
Sutherland Asbill Brennan LLP;
September 25, 2014, previously published on September 23, 2014Yesterday, the Government Accountability Office (GAO) released a report on its review of U.S. oil and gas transportation infrastructure issues. Specifically, the report examines the overall challenges that increased domestic oil and gas production may pose for transportation infrastructure, as well...
|Trek Leather: A New Avenue for CBP Enforcement|
Cortney O'Toole Morgan, Robert D. Stang; Husch Blackwell LLP;
September 25, 2014, previously published on September 23, 2014The recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) in U.S. v. Trek Leather, Inc. and Harish Shadadpuri invites U.S. Customs and Border Protection (CBP) to increase its enforcement and penalty activities and serves as a warning that should encourage enhanced import...