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Sep 19, 2014

RULES and REGULATIONS * USA: California's

* California - Wal-Mart truck drivers granted class action status in California minimum wage lawsuit


(Photo: Here's how Walmart World truck driver Oscar Montoya in Porterville, Calif., helps deliver the goods) 
Sacramento,CAL,USA -The Trucker News Services -17 Sept 2014: -- Former truck drivers employed by Wal-Mart brought a class action suit alleging that the mega retailer violated various provisions of the Califo
rnia Labor Code and Business and Professional Code by failing to pay minimum wage, provide meal and rest breaks, and provide accurate wage statements... Truck drivers employed by Wal-Mart have been granted class action status in a lawsuit over the employer’s alleged failure to pay minimum wage in violation of the California Labor Code... The California district court determined that the drivers met the requirements of Rule 23 after concluding that they identified common questions of law and fact concerning the alleged minimum wage violations and waiting-time penalties. The court also found that common questions regarding Wal-Mart’s pay formula meant that common issues predominated over individualized issues as required by Rule 23...


* DC - Groups sue to force FMCSA to issue driver training rule

Washington,DC,USA -Fleet Owner, by Avery Vise -Sep 19, 2014: -- A labor union and two safety advocacy groups have asked a federal appeals court to order the Federal Motor Carrier Safety Administration (FMCSA) to issue a final rule setting minimum standards for entry-level training of commercial vehicle drivers... The petition for a writ of mandamus was filed Sept. 18 in the U.S. Court of Appeals for the District of Columbia Circuit. The groups seeking the action are the Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways (CRASH), and the International Brotherhood of Teamsters... The latest lawsuit could shatter any hope that FMCSA can use regulatory negotiation among stakeholders to adopt the long-overdue regulations as the agency said last month it was considering. The chances of that approach working appeared slim from the start as the various parties were so far apart on what they consider to be acceptable regulations on driver training... Although the Owner-Operator Independent Drivers Assn. is not a party to the lawsuit, it, too, has criticized FMCSA for failing to adopt training standards. In June, OOIDA urged the agency to focus on driver training standards instead of worrying about electronic logs or changes to the hours-of-service regulations...

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