Webinar Replays

The independent contractor model in the transportation industry has come under attack on a variety of fronts. Today, more than ever before, transportation companies must understand the legal aspects of managing a fleet of independent contractors.  Complete the form below to download the webinar, transportation attorney Fred Marcinak will discuss current legal trends with independent contractors.

Topics covered will include:

• Workers’ comp issues
• Drafting a strong independent contractor agreement
• Employee misclassification claims
• Federal leasing regulations
• Insurance coverage issues
• Lease purchase programs.

Fredric Marcinak is an attorney and founding partner at Moseley Marcinak Law Group LLP, where he represents transportation companies, including both carriers and intermediaries, regionally and nationwide on commercial litigation matters, including cargo/freight claims, collections/contract disputes, FMCSA, and state regulatory compliance and permitting matters, and insurance coverage cases. In these litigation matters, Fredric has tried multiple cases to verdicts before juries and handled appeals for transportation clients. By working with clients on these issues as they manage their companies, Fredric hopes to help lay the groundwork to stay out of litigation or to successfully defend it when it arises.

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Here is a short outline of the talking points for the webinar:

1. Tariffs and the High-Value Cargo Claims – The ICC Termination Act of 1995 no longer requires motor carriers transporting property to maintain a tariff, so why should you have one?
2. Duty to Read – Did you know that your company will be bound (subject to limited exceptions), to executed contracts, even when the motor carrier does not read the contract? What contracts are your company signing?
   a. Broker agreements
   b. Shipper agreements
   c. Factoring agreements
3. Class Action Waivers – Whether you are a two-truck operation, or a 1,000 power unit company, what steps have you taken to avoid class action litigation?
4. Arbitration agreements – There are better things to do than spend your time in a courtroom. Have your companies considered the utility in avoiding protracted litigation through arbitration provisions. If you have arbitration clauses in your contract, are they still enforceable following New Prime v. Oliveria?
5. Certificates of Insurance – Do you know whether your company will be covered by a third party’s insurance policy in the event of a claim? Never assume anything.

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When was the last time you updated your employee handbook? For many companies, the answer could mean bad news. If you are ever faced with litigation, an outdated employee handbook could make the hot water you’re in even hotter.

In this hour-long webinar, you will learn:

1. What new court, legislative, and regulatory developments impact your company’s policies
2. How to include disclaimer language in your employee handbook to protect your company
3. How to avoid accidentally creating a binding contract by the language in your handbook
4. What well-meaning policies in your handbook could hurt your company during litigation
5. How to quickly educate your employees on changes to policies and ensure they understand your new handbook

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Do you know how the Secretary of Labor’s right to enforce the Occupational Safety and Health Act (OSHA) may potentially affect your business? More importantly, do you know the step-by-step legal process your company should follow if a citation is issued?

In this hour-long webinar, you will learn:

1. What ramifications may result from payment of citations, event after settlement negotiations have taken place
2. How to put a plan in place to prepare for an OSHA inspection
3. What your company’s rights are if and when OSHA arrive
4. How to best respond during an OSHA inspection

Learn more about the presenter and the webinar.

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