ATA Law Review- Impact of ABC Test in Trucking, Sponsored SambaSafety

Please register for this recorded ATA Webinar. This webinar is open to all ATA members. 

Webinar Description:

The independent contractor model in the trucking industry has a history as long as trucking itself. For decades, independent contractors, who drive their own vehicles or employ others to drive them, have been widely used by trucking companies to meet fluctuations in demand and provide needed equipment at considerable cost savings. This model benefits the broader economy, as shippers and consumers take advantage of a productive trucking industry that efficiently moves goods on which they depend.

Over the past decade, a number of states have threatened the independent contractor model with legislation designed to reclassify independent contractors as employees. This is based on their belief that public policy favors the classification of most workers as employees. The ever-growing rift in worker classification stems largely from the differing standards applied by various federal and state agencies, with many states shifting from a multi-factor test for determining worker classification to a three-factor “ABC” test.

This webinar focuses on the threat facing the independent contractor operating model in trucking. Presenters will cover what an ABC test is, variations in state ABC tests, why we see the ABC test in some states but not others, agency application of the ABC test, developments in case law, and potential solutions.

About the Presenters: 

Gregory M. Feary, Partner, Scopelitis, Garvin, Light, Hanson & Feary, PC

Greg is President of the firm and also serves as a managing partner who practices primarily in a wide range of areas including transportation laws, independent contractor laws, transportation insurance laws, legislative support and transportation contract matters. He is the Vice Chair of the ATA/NAFC Risk Management & Insurance Advisory Committee and a member of the ATA Insurance Task Force. He also served as ATA’s national transportation insurance law counsel throughout the 1990s.

Braden Core, Partner, Scopelitis, Garvin, Light, Hanson & Feary, PC

Braden counsels clients on a wide array of transportation-related issues, including owner-operator arrangements, challenges to independent-contractor classification, Federal Leasing Regulations compliance, and contract reviews. Mr. Core is an experienced litigator who has tried several commercial cases, including two jury trials, and participated in the defense of class actions against motor carriers involving allegations of Federal Leasing Regulations violations and challenges to independent-contractor classification.

Shannon Cohen, Partner, Scopelitis, Garvin, Light, Hanson & Feary, PC

Shannon McClellan Cohen provides legislative counsel services to the firm’s clients. Ms. Cohen monitors forthcoming and active legislation and regulation pertaining to issues affecting motor carriers, with an emphasis on legislation touching on the independent contractor status of owner-operators using her extensive background with and familiarity of owner-operator programs and issues attendant to the design of a successful owner-operator model. She regularly assists in drafting and revising legislation and assessing and communicating the impact of such legislation on the trucking industry. Ms. Cohen has also been a featured speaker on these topics to industry stakeholders and associations.

Kelli Block, Partner, Scopelitis, Garvin, Light, Hanson & Feary, PC

Kelli M. Block counsels clients on a wide array of regulatory and transportation–related issues. Ms. Block regularly advises motor carrier and other transportation intermediary clients regarding reclassification of independent contractor owner-operators as employees, insurance and alternative risk management programs, and general business strategies and operational models. Additionally, Ms. Block is an experienced litigator who assists in the defense of motor carrier client interests concerning state and federal tax matters, as well as class action litigation alleging wage, hour, and other employment law and regulatory violations.

Allyson E. Feary, Partner, Scopelitis, Garvin, Light, Hanson & Feary, PC

Allyson’s counsels clients on a wide array of transportation issues including independent contractor issues, owner-operator arrangements, Federal Leasing Regulations, motor carrier and logistics operations and business dealings, and contract reviews. Ms. Feary regularly drafts and reviews various transportation-related contracts, including logistics services contracts, motor carrier services contractors, and independent contractor agreements. She is also a frequent speaker at independent contractor roundtables for industry groups and client management meetings.


Since 1998, SambaSafety® has been the pioneer and leading provider of driver risk management software in North America. Our mission is to guide our customers including employers, fleet managers and insurance providers to make the right decision at the right time. By collecting, correlating and analyzing motor vehicle records (MVRs) and other data sources, we identify driver risk and enable our customers to modify their drivers’ behavior, reduce accidents, ensure compliance, and lower costs — ultimately improving driver and community safety.

SambaSafety® works in partnership with state governments and other third-party information providers to acquire, process, and report critical driver information. Our patented data technology allows customers to filter irrelevant data, receiving actionable information to make quicker and better driver risk management decisions.


Note: A recording will be provided to all approved registrants post webinar even if you are not able to attend.

**NOTICE: ATA webinars are strictly educational for our members, and are not press events. The information contained in this webinar is not intended for, nor should it be used in, the production, editing or creation of news or analysis pieces. Participants are also forbidden from using them as background for published materials, white papers or other communications. Therefore, the contents of this webinar are strictly embargoed and off the record.

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