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Big Supreme Court win for Independent Truckers-Ends Carrier forced Arbitration

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Aubrey Allen Smith

Aubrey Allen Smith

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Thursday 1-24-19  6PM ET  347-826-9170

Part 2 Join us tonight as we have a follow up show with trucker Dominic Oliveira and his Attorney from Public Justice, Jennifer Bennett. Dominic will review his lengthy legal ordeal with New Prime, Inc that ended up in the Supreme Court and Ms. Bennett will explain the legal timeline of events and arguments and how this decision will positively affect truckers in the future. Desiree Wood, who contributed in an Amicus brief, will co-host the show.

On 1-15-19 the U.S. Supreme court ruled that Transportation Independent Contractors were no longer held to the 1925 Federal Arbitration Act (FAA). In the past, only employees were exempt from forced arbitration. The decision was held by a unanimous 8-0 decision, with Justices Neil Gorsuch and Ruth Ginsberg strongly agreeing. (How many times in a lifetime will we see that?)

For years Carriers have misclassified truckers leased on to carriers as Independent Contractors( IC) for the  purpose of having the trucker pay for all expenses while the carrier still asserts control over most aspects of how the IC does business, many times resulting in the IC earning little, sometime less than minimum wage, and worse yet, end up owing the carrier money. This misclassification had also forced IC’s into arbitration.
In March 2015 trucker Dominic Oliveira sued New Prime, Inc in a class-action suit claiming a Fair Labor Standards Act violation for failing to pay its apprentices  lawful minimum wage. Prime claimed that he must go through arbitration, Attorney’s for Dominic said “No” and the rest is history

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