BGS Transportation Attorneys Present Seminar
April 6, 2022 | Carole Clark IsaksonOn March 31st, 2022 BGS Attorneys Carole Clark Isakson and Erik Ordahl presented a seminar on driver misclassification to members of the Duluth Superior Transportation Association, on which Carole serves as a board member. Driver classification issues are a critical concern in the trucking industry, and the seminar provided attendees with detailed information on the factors considered by state and federal agencies in determining whether an independent owner-operator should be considered an employee for tax, unemployment, liability, wage and hour and other purposes. Most tests focus on the control and direction an employer exercises over the driver, and also include analysis related to the economic realities of the relationship. While a strong contract hauling or other agreement between the carrier and driver is helpful to proving that the driver is truly independent, it is critical that the parties follow the contract terms. And because the tests used differ depending on the issue before the particular court or agency, the outcome and analysis can differ even when the facts are very similar. This makes navigating the issues a challenge for motor carriers. Special attention was paid to a California law designated as AB-5 which codified an employee leaning test and has resulted in much concern in the industry — issues relating to this law have…
Read MoreImmediate Steps to Take After a Car Accident
February 22, 2022 | Adriel B. Villarreal
Getting into a car accident is stressful and scary, but taking the proper steps following the crash makes all the difference, especially when it comes time to deal with the insurance companies. After you’ve gathered yourself and taken a few deep breaths, the next steps are crucial and will ensure your personal injury legal defense has the upper hand. Continue reading to learn how to make the process easier when it comes time to talk with insurance companies. Medical Attention The first step should always be ensuring all parties involved in the accident are safe and receiving the necessary medical attention. If you don’t have a cell phone near you, make sure a pedestrian nearby calls 911. Next, if there are no notable injuries, any vehicles that are blocking traffic should be moved to the side of the road. Take Detailed Notes Taking detailed notes will ensure clear, concise records of the events. Sometimes it may take months for insurance companies to wrap up your case, and without a clear recollection of the accident, you may miss vital details. To ensure your notes cover the necessary information, make sure they include: Pre-Accident Details – These notes should include where you were headed to; both the direction and location, what direction the other vehicle involved in the…
Read MoreThe Corporate Transparency Act and How It Impacts Your Business
February 17, 2022 | Georgia Kellogg
Update December 19th, 2024 On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Garland, enjoining the federal government from enforcing the Corporate Transparency Act (CTA) and its reporting deadlines. On December 13, 2024, the Department of Justice (DOJ) filed an Emergency Motion for Stay Pending Appeal in the Fifth Circuit requesting an expedited briefing schedule and a ruling “as soon as possible, but in any event no later than December 27, 2024, to ensure that regulated entities can be made aware of their obligation to comply before January 1, 2025.” Reporting companies should continue monitoring developments in the coming days in case the January 1, 2025 deadline for filing is reinstated. In January of 2021, as part of its initiative to crack down on illicit activities commonly associated with shell companies, Congress passed the Corporate Transparency Act (the “CTA”). Under the CTA, entities formed or registered to do business in the United States will be required to report various information concerning beneficial ownership of the company. The Financial Crimes Enforcement Network (“FinCEN”) has been tasked with preparing the regulations that will govern the beneficial ownership reporting requirement and provide the necessary oversight to ensure…
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