GREGORY M. FEARY, Partner · PROFILE Gregory M. Feary is President of the firm and also serves as a...

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PRACTICE CONCENTRATION Mr. Feary focuses on independent contractor issues and legislation as well as transportation insurance and corporate structure designs to reduce exposure to the firm’s transportation clientele. He audits its clients' independent contractor programs and provides legislative support for many organizations and clients on independent contractor issues. He also counsels clients on alternative risk programs including single parent and group captive insurers, risk retention groups, and various self-insurance and self-insured retention programs. Mr. Feary also conducts insurance audits and supervises litigation in the areas of premium disputes and specialized transportation insurance coverage controversies, including those involving occupational accident insurance. In addition, he regularly designs independent contractor programs and defends independent contractor disputes. Mr. Feary serves as one of the firms principle contacts in mergers and acquisitions due diligence work and advises on corporate structure and risk mitigation issues related thereto. PROFILE Gregory M. Feary 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 for which he serves as Chairman of the Lawyer’s Subcommittee. He also served as ATA’s national transportation insurance law counsel throughout the 1990s. He was a member of the Advisory Board of Purdue University's Center for Transportation Distribution Logistics. Mr. Feary was named to The BTI Client Service All-Stars 2012 and 2016 list and as one of the top 5% of attorneys in Indiana by the Indiana Super Lawyers® peer selection survey. He is also AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability, and recognized as a “Top Rated Lawyer in Transportation” by Martindale-Hubbell™ and American Lawyer Media. He was awarded the 2019 International Advisory Experts Award for Transport Law within Indiana by the International Advisory Experts global alliance. In addition, he was named as a 2019 Top Rated Lawyer in the ALM Media Legal Leaders + Martindale-Hubbell AV Preeminent Attorney “Midwest’s Top Rated Lawyers” list published in The National Law Journal. Feary currently serves as an Adjunct Professor of Law-Indiana University, Robert H. McKinney School of (317) 637-1777 (317) 687-2414 [email protected] OFFICE: Indianapolis © 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved. GREGORY M. FEARY, Partner

Transcript of GREGORY M. FEARY, Partner · PROFILE Gregory M. Feary is President of the firm and also serves as a...

Page 1: GREGORY M. FEARY, Partner · PROFILE Gregory M. Feary is President of the firm and also serves as a managing partner who practices ... 2012 and 2016 list and as one of the top 5%

PRACTICE CONCENTRATION

Mr. Feary focuses on independent contractor issues andlegislation as well as transportation insurance andcorporate structure designs to reduce exposure to thefirm’s transportation clientele. He audits its clients'independent contractor programs and provides legislativesupport for many organizations and clients on independentcontractor issues. He also counsels clients on alternativerisk programs including single parent and group captiveinsurers, risk retention groups, and various self-insuranceand self-insured retention programs. Mr. Feary alsoconducts insurance audits and supervises litigation in theareas of premium disputes and specialized transportationinsurance coverage controversies, including thoseinvolving occupational accident insurance. In addition, heregularly designs independent contractor programs anddefends independent contractor disputes. Mr. Feary servesas one of the firms principle contacts in mergers andacquisitions due diligence work and advises on corporatestructure and risk mitigation issues related thereto.

PROFILE

Gregory M. Feary is President of the firm and also serves as a managing partner who practicesprimarily in a wide range of areas including transportation laws, independent contractorlaws, transportation insurance laws, legislative support and transportation contract matters. He isthe Vice Chair of the ATA/NAFC Risk Management & Insurance Advisory Committee and amember of the ATA Insurance Task Force for which he serves as Chairman of the Lawyer’sSubcommittee. He also served as ATA’s national transportation insurance law counsel throughoutthe 1990s. He was a member of the Advisory Board of Purdue University's Center forTransportation Distribution Logistics. Mr. Feary was named to The BTI Client Service All-Stars2012 and 2016 list and as one of the top 5% of attorneys in Indiana by the Indiana SuperLawyers® peer selection survey. He is also AV Peer Review Rated, Martindale-Hubbell’shighest peer recognition for ethical standards and legal ability, and recognized as a “Top RatedLawyer in Transportation” by Martindale-Hubbell™ and American Lawyer Media. He wasawarded the 2019 International Advisory Experts Award for Transport Law within Indiana by theInternational Advisory Experts global alliance. In addition, he was named as a 2019 Top RatedLawyer in the ALM Media Legal Leaders + Martindale-Hubbell AV Preeminent Attorney“Midwest’s Top Rated Lawyers” list published in The National Law Journal. Feary currentlyserves as an Adjunct Professor of Law-Indiana University, Robert H. McKinney School of

(317) 637-1777

(317) 687-2414

[email protected]

OFFICE: Indianapolis

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

GREGORY M. FEARY, Partner

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serves as an Adjunct Professor of Law-Indiana University, Robert H. McKinney School ofLaw.

Mr. Feary has created and counseled many captive insurance companies and is the author of TheDefinitive Industry Primer on Occupational Accident Insurance in Trucking. He is also the authorof both Independent Contractor Employment Classification: A Survey of State and Federal Lawsin the Motor Carrier Industry, 35 Trans. Law J. 139 (2008) and 1995 Developments in Workers'Compensation, 29 Ind. L. Rev. 1139 (1996) and drafted Indiana's law deeming owner-operatorsof trucks to be independent contractors for purposes of workers' compensation.

PRACTICE AREASLegislative ServicesInsurance & Risk Management Regulatory ComplianceGovernment AffairsIndependent Contractor IssuesSharing Economy, Autonomous Vehicles, and Emerging TechnologiesMergers and Acquisitions

EDUCATIONEastern Illinois University, B.A. Indiana University Robert H. McKinney School of Law, J.D.

ADMISSIONS/MEMBERSHIPS

Bar AdmissionsIndiana

Court AdmissionsAll Indiana state and federal courtsU.S. Supreme Court

MembershipsIndianapolis Bar AssociationIndiana State Bar AssociationAmerican Bar Association

ON THE ROADThe Erosion of EntrepreneurshipMar 1, 2020, Truckload Carriers Association’s Annual Convention - Kissimmee, FL Broker/3PL/Carrier Agreements – Beware What You SignFeb 19, 2020, Customized Logistics and Delivery Association’s Final Mile Forum - Miami, FL CA AB5 Issues

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GREGORY M. FEARY, Partner

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Feb 8, 2020, National Tank Truck Carriers’ Winter Membership and Board Meeting - Naples,FL Update on Independent Contractor Rulings, Laws, Bills, and Other Developments Across theCountryJan 16, 2020, Scopelitis Webinar Series

An update regarding the latest information developing across the county, fromCalifornia’s controversial AB 5 to New Jersey’s S4204. In addition, an overview of bestpractices, contract provisions, and common mistakes that can create legal jeopardy inmotor carriers’ dealings with owner-operator/ independent contractors.

Protecting the IC Broker ModelAug 6, 2019, National Home Delivery Association’s 2019 Forum Program - Denver, CO Owner-Operator PanelJul 15, 2019, American Trucking Associations’ 2019 Trucking Legal Forum - RanchoBernardo, CA Independent Contractors and the Dynamex DecisionJun 11, 2019, American Trucking Associations' National Accounting & Finance Council's2019 Annual Conference - Indianapolis, IN Latest Developments in Owner-Operator Status and Related IssuesMay 16, 2019, Scopelitis Webinar Series

This session addressed the evolving landscape of owner-operator independent contractorissues both at the state and federal level. It also identified case law and legislation thatmight signal changes in judicial temperament, as well as case law and legislation thatsuggests business as usual. The Firm’s presenters identified potential challenges and bestpractices for operating under an independent contractor model.

Update on Independent Contractor Status in TruckingJul 10, 2018, Hudson Insurance Group's Annual Risk Management / Leadership Conference -Indianapolis, IN Unexpected LiabilitiesApr 10, 2018, Truck Renting & Leasing Association’s 2018 Annual Meeting - Scottsdale, AZ Owner-Operators: Here to Stay, For NowJan 18, 2018, Transportation Lawyers Association's 2018 Chicago Regional Seminar -Chicago, IL Specialized Contracts in Transportation Issues and Tips: IC Contractor Operating Agreement &Owner-Operator Equipment LeaseNov 8, 2017, Georgia Motor Trucking Association's Leadership Conference - Marietta, GA E-Commerce and Final Mile’s Effect on LTL and Parcel Supply ChainsSep 14, 2017, 2017 FTR Transportation Conference - Indianapolis, IN What “Rigged” Got Wrong: Structuring Lease-Purchase Programs to Avoid the Risks Outlinedin USA Today’s “Rigged” SeriesAug 22, 2017, Scopelitis Webinar Series International Logistics - Real World Examples of What Can Go Wrong, And How to Prevent ItJul 20, 2017, Scopelitis Webinar Series

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Independent Contractor Status in 2017Jul 17, 2017, American Trucking Associations' Forum for Motor Carrier General Counsel -Beaver Creek, CO Owner-Operator Business Model UpdateMar 16, 2017, Scopelitis Webinar Series Independent Contractor ChallengesJul 14, 2016, Scopelitis Webinar Series

PUBLICATIONSScopelitis in the News: "Winning the Future in Customized Logistics and Delivery RequiresGetting Upstream." Fall 2020. Customized Logistics and Delivery Magazine.

Scopelitis President and Managing Partner Greg Feary on potential regulations that couldmost impact the transportation industry in the coming years.

Law Alert: California Court of Appeal Rules AB5 not Preempted by FAAAA The California Court of Appeal reversed the trial court decision in People v. Cal CartageTransportation Express, LLC, holding that the ABC test first expressed in Dynamex andlater codified in AB5 is not preempted by federal law.

Scopelitis in the News: "Election 2020: Trucking Industry Reacts." November 13, 2020.FleetOwner.

Scopelitis President and Managing Partner Greg Feary in FleetOwner on significantchanges the Biden administration has advertised that would impact trucking.

Scopelitis in the News: "Arkansas Approves Sales Tax; Rideshare Drivers Score Win inCalifornia." Transport Topics. November 5, 2020.

Scopelitis President & Managing Partner Greg Feary on Proposition 22 and thetransportation industry and how the dependent Scopelitis contractor model may be analternative to the binary classification system of an employee or independent contractor.

Law Alert: California Voters Say YES to Prop 22Prop 22 put the issue of the independent contractor status of gig economy drivers beforeCalifornia voters – these voters overwhelmingly voted yes to Proposition 22 on electionday according to Associated Press reports. Scopelitis on how this translates to thetransportation industry.

Law Alert: Ninth Circuit Holds Oral Argument on CTA’s Challenge to AB5The Ninth Circuit Court of Appeals heard oral argument in the California TruckingAssociation’s challenge to AB5, California’s recently enacted misclassification statute.While the Firm is hopeful the Ninth Circuit will leave the injunction in place and fullysupports the CTA and feels its request for continued funding is very much warranted,read more about some issues that raised concern during the oral argument.

Transportation Brief: Key Cases Addressing the Reach of California’s Strict Wage and HourLaws

On a certified question from the Ninth Circuit Court of Appeals, the California SupremeCourt decided a pair of cases that will certainly impact California wage and hour classactions against motor carriers. Read more from Scopelitis regarding what this means forthe transportation industry.

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Transportation Brief: COVID-19 and Workplace LiabilityAs companies reopen, a primary concern is liability for workers or customers who mayclaim to have been exposed to COVID-19 in their business. This may arise as a workers’compensation claim, a claim for negligent sanitation or failure to implement or enforcesocial distancing measures. Read more about these evolving pandemic-related issues.

Law Alert: First Circuit Rules that Delivery Drivers Need Not Cross State Lines to Be Exemptfrom the Federal Arbitration Act

The U.S. Court of Appeals for the First Circuit held that last-mile drivers who do notcross state lines are nonetheless interstate “transportation workers” exempt from the FAAso long as they transport goods or people within the “flow of interstate commerce.” TheFirst Circuit’s opinion is the first circuit-level holding on this issue. Read the latest.

Law Alert: California Supreme Court Decides Key Wage and Hour Cases Impacting InterstateWorkers

On a certified question from the Ninth Circuit Court of Appeals, the California SupremeCourt decided a pair of cases that will certainly impact California wage and hour classactions against motor carriers. Read more about what that means for the transportationindustry.

Law Alert: PPP Loan Landscape Changes AgainThe Senate, by unanimous consent, approved the bill passed by the House last week thatprovides significant changes to the Paycheck Protection Program Loan landscape. ThePresident is expected to sign the bill. The legislation provides borrowers greaterflexibility with respect to the PPP loan forgiveness process. Read more.

Law Alert: PPP Loan Forgiveness Interim Final Rule ReleasedScopelitis insight on the SBA and Treasury's Interim Final Rule (IFR) providingguidance for the calculation of PPP borrower loan forgiveness.

Law Alert: PPP Loan Certification Safe Harbor and Repayment ExtensionThe latest regarding the scope of the Safe Harbor and the PPP loan program.

News from Scopelitis: Law360 Names Scopelitis President & Managing Partner Greg Feary to2020 Transportation Editorial Advisory Board

The editorial advisory board will provide feedback on Law360's coverage and insight onhow best to shape future coverage of the industry.

Scopelitis in the News: "How the DOE National Average is Created and Why It Doesn't TellYou Everything About the Cost of Diesel for Truckers." FreightWaves. April 21, 2020.

Scopelitis President & Managing Partner Greg Feary in FreightWaves on fuel surcharges.Scopelitis in the News: "Appeals Court Denies Teamsters Motion in California TruckingAssociation Lawsuit." April 2, 2020. Transport Topics.

Scopelitis President & Managing Partner Greg Feary in Transport Topics regarding thelatest development on California AB 5.

Scopelitis in the News: "Coronavirus Weaponizes Debate Over California’s AB5." April 1,2020. FreightWaves.

Scopelitis President and Managing Partner Greg Feary in FreightWaves on thecoronavirus pandemic's effect on the debate regarding how AB 5 legislation applies to thetransportation and logistics industry.

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

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Scopelitis in the News: "Court Keeps Trucking Out of AB5 Enforcement, For Now." March31, 2020. Journal of Commerce.

Scopelitis President & Managing Partner Greg Feary in Journal of Commerce regardingthe US Ninth Circuit Court of Appeals denying an appeal by the InternationalBrotherhood of Teamsters to stay a federal district court’s preliminary injunction issuedin January that prohibits enforcement of the AB5 worker classification bill as it applies totrucking.

Law Alert: Motion to Stay Order Enjoining Application of AB 5 to Motor Carriers DeniedLate yesterday afternoon, the United States Court of Appeals for the Ninth Circuit denieda motion by intervenor-defendant-appellant International Brotherhood of Teamsters(IBT) to stay the federal district court’s preliminary injunction pending appeal inCalifornia Trucking Association v. Beccera. The Ninth Circuit also ordered oral argumenton the appeal of the preliminary injunction order fast-tracked.

Transportation Brief: AB5 and ABC: The Story ContinuesTwo recent decisions have clarified how courts might interpret and analyze CaliforniaAssembly Bill 5 (AB5). In addition, New Jersey continues to move forward with itsefforts to create a more California-like environment. Read more about this and otherlegislation relating to independent contractors.

Law Alert: AB 5 Preliminary Injunction Granted California Federal District Judge Roger Benitez granted a preliminary injunction in California Trucking Association v. Beccera. The order enjoins the State from enforcingAB 5 as to any motor carrier operating in California pending entry of final judgment inthe case by the District Court. Read more on this news.

Law Alert: AB 5 Temporary Restraining Order Extended California Federal District Judge Roger Benitez considered whether to grant apreliminary injunction in California Trucking Association v. Beccera. Read more aboutthe latest AB 5 news.

Law Alert: AB 5 Temporary Restraining Order GrantedOn December 31, 2019, California Federal District Judge Roger Benitez granted atemporary restraining order in California Trucking Association v. Beccera. The TROenjoins the State from enforcing AB 5 as to any motor carrier operating in California.More on this news.

Transportation Brief: Spotlight on Independent Contractor Legislative Counsel As California AB 5 made clear, state-level changes to independent contractor (IC) statuscan significantly change the business operations of a motor carrier in any given state andcan have a domino effect on operations even beyond the borders of that state. Read moreabout how Scopelitis' IC legislative counsel practice regularly assists clients, stateassociations, industry associations, and coalitions with monitoring recent legislativeactivity that could impact IC status.

Transportation Brief: AB 5 – Practical Solutions to a Thorny ProblemCompanies and owner-operator businesses are both searching for practical solutions tothe problem presented by California Assembly Bill 5 (AB 5). Read more from Scopelitisregarding solutions that are developing as the best options for tackling the

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practical realities of equipment and professional services that companies face.Scopelitis in the News: "Trucking Looks for Solutions to California's Stringent NewIndependent Contractor Law." October 22, 2019. Heavy Duty Trucking (HDT).

Scopelitis Partners Greg Feary, Shannon Cohen, and Chris McNatt quoted in Heavy DutyTrucking on California's AB 5 law.

Scopelitis in the News: "California's Dynamex Law Will Erode Entrepreneurship." October 3,2019. Law360.

Scopelitis President & Managing Partner Greg Feary in Law360 on California AB 5'simpact on the transportation industry and beyond.

Scopelitis in the News: "California’s Contractor Law Has Steep Implications for Trucking:Here’s What Your Fleet Needs to Know." September 16, 2019. Commercial Carrier Journal.

Scopelitis President & Managing Partner Greg Feary in CCJ regarding potentialstrategies for trucking fleets to comply with California’s A.B. 5 law, particularlyimplications for contracted owner-operators hauling loads for fleets.

Scopelitis in the News: "Trucking Industry Raises Alarms on California Gig EconomyLegislation." September 12. 2019. The Wall Street Journal's Logistics Report.

Scopelitis President & Managing Partner Greg Feary quoted in The Wall Street Journal'sLogistics Report on California's AB 5 Legislation and it's potential to undercut trucking’sindependent-contractor model.

Scopelitis in the News: "California Passes Bill That May Affect Independent Contractor Statusfor Truckers." September 12, 2019. Transport Topics.

Scopelitis President & Managing Partner Greg Feary in Transport Topicsregarding California lawmakers passing a bill that codifies into law a 2018 state SupremeCourt decision that makes it easier for independent contractors to become reclassified asemployees of motor carriers.

Law Alert: California ABC Test - Controversial AB 5 Moves to GovernorScopelitis on the California legislature passing AB 5, which will impact many smallbusinesses in California and will alter business relationships with many companies thatwork with those small businesses.

Scopelitis in the News: "California Bill Set to Reshape Drayage Landscape." September 5,2019. Journal of Commerce.

Scopelitis President & Managing Partner Greg Feary in Journal of Commerceregarding California lawmakers being on track to pass a law that would fundamentallyalter the relationship between trucking companies and draymen, potentially reshaping themarket more toward a broker-carrier model used in the truckload industry.

Scopelitis in the News: Report Links Owner-Operators to Low Rates of Compliance withCalifornia Clean Truck Regulations." August 30, 2019. FreightWaves.

Scopelitis President & CEO Greg Feary in FreightWaves regarding a new report that putsanother spin on AB 5, a controversial bill under consideration by the California StateSenate that would reclassify many independent contractors as employees.

Transportation Brief: Dynamex Weeds are Growing in the Garden StateSupposed public policy concerns akin to those expressed by the Dynamex court haverecently popped-up in New Jersey (another ABC Test state), thereby increasing the

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Garden State’s allure to adversaries as fertile ground for a misclassification battlefront. Transportation Brief: Mergers & Acquisitions - Deal Failures in Hot Trucking Market

Recently private equity firms and a steady stream of strategic buyers in the truckingmarket have taken a renewed and active interest in acquiring transportation businesses. Despite an active market, in part due to greater availability of loans and underwritinginsurance, deal failures have occurred with greater frequency. In many cases, a mock duediligence audit can reveal some common issues.

Scopelitis in the News: "California Legislation to Codify ABC Employee-Contractor TestGains Approval of State Assembly." June 5, 2019. Transport Topics.

Scopelitis President & Managing Partner Greg Feary in Transport Topics regardinglegislation that has passed in California’s State Assembly that would mandate use ofthe “ABC test” and its potential effect on motor carriers' use of use independentcontractors.

Scopelitis in the News: Trucking Seeks Exemption in Latest California Contractor Proposal,June 3, 2019. FreightWaves.

Scopelitis President & Managing Partner Greg Feary in FreightWaves regardingCalifornia's AB 5 legislation, which seeks to codify into law the so-called “ABC Test,” anassessment set forth in last year’s landmark Dynamex decision.

Law Alert: Dynamex Legislation Passes California AssemblyScopelitis attorneys offer an update on the potential application of the Dynamex standard.

Law Alert: DOL Issues Opinion Letter Deeming Gig Economy Workers IndependentContractors

Scopelitis attorneys highlight key facts and circumstances considered by the DOL undereach factor of the economic realities test.

Law Alert: Western States Trucking Association's FAAAA Preemption Argument Dismissedby California District Court

On March 29, the U.S. District Court for the Eastern District of California held that theFAAAA does not preempt the application of the Dynamex ABC Test to a motor carrierfor purposes of determining whether owner-operators are considered employees underCalifornia’s Wage Orders. Read more on what this ruling means for the transportationindustry.

Transportation Brief: Spotlight on Scopelitis Emerging Tech PracticeThe way transportation companies conduct business today is changing quicker than ever,with technology presenting new opportunities and challenges. The Scopelitis Firmactively follows these changes and frequently assists newly-formed, technology-basedtransportation companies and established companies that seek to adopt new technologiesto enhance their existing business model.

Scopelitis Legislative News - March 2019Updates from Scopelitis' Legislative Services team.

Scopelitis in the News: "The California Independent Contractor Crisis: Undermining theOwner-Operator." Overdrive Magazine. February 4, 2019.

Scopelitis President & Managing Partner Greg Feary on independent contractorclassification in Overdrive Magazine.

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

GREGORY M. FEARY, Partner

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Law Alert: NLRB Re-Focuses Its Independent Contractor Test More on The National Labor Relations Board determination that van driversfranchised with SuperShuttle DFW, Inc., were properly classified as independentcontractors rather than employees. Ion organizing or other concerted activity exists.

Law Alert: Unemployment Tax IC Status Decision Q.D.-A., Inc. v. Indiana Dept. of WorkforceDevelopment

The Indiana Supreme Court issued a unanimous opinion in Q.D.-A., Inc. v. IndianaDepartment of Workforce Development. Read insight from Scopelitis attorneys.

Scopelitis in the News: "Feary & Cohen: Changes Might Affect Transportation IndependentContractors." Indiana Lawyer. January 23, 2019.

Scopelitis Partners Greg Feary and Shannon Cohen in Indiana Lawyer on a decision thatmay impact independent contractor relationships across the country, especially in thetransportation industry.

Law Alert: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from theFederal Arbitration Act

Read more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v.Oliveira.

Law Alert: California Joint and Several Motor Carrier ListPursuant to the statutory “publication” requirement under CA Labor Code §2810.4 a listof motor carriers that have outstanding California Department of Labor StandardsEnforcement wage and hour liabilities has been published. Read more.

Scopelitis in the News: "California’s ABC Test: The Fundamental." January 3, 2019. TrimbleTransportation Blog.

Scopelitis President & Managing Partner Greg Feary talks motor carrier concernsregarding the Dynamex case and the ABC test.

Scopelitis in the News: "The Biggest Transportation Rulings of 2018." December 14, 2018.Law360

Scopelitis President and Managing Partner Greg Feary discusses the California SupremeCourt's April 2018 Dynamex decision with Law360.

Law Alert: Dynamex subject to FAAAA preemptionRead more on the California Federal District Court Decision that the Federal AviationAdministration Authorization Act (“FAAAA”) preempts the application of the“Dynamex” ABC Test to a motor carrier.

Scopelitis Legislative News - December 2018Trends covered in this issue:• Midterm Election Shifts• Infrastructure Funding on the State Level• Portable Benefits Model for Independent Contractors• Upcoming DOT Funding• Will Divided Congress be Productive?• FMCSA Signals Aggressive Timeline

Law Alert: U.S. Supreme Court Hears Oral Argument in New PrimeRead more on the oral argument in New Prime, Inc v. Oliveira a case primarily about

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

GREGORY M. FEARY, Partner

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whether trucking independent contractors are exempt from the Federal Arbitration Act(FAA).

Video Law Alert: New Prime Oral Argument PreviewRead a preview of next week’s oral argument in a trucking case pending before theUnited States Supreme Court that will significantly impact the use of arbitration toresolve disputes with owner-operators.

Law Alert: California’s Meal and Rest Break Requirements PreemptedRead more on California Meal and Rest Break Laws Preempted With Respect To HazmatDrivers.

Law Alert: NJ Unemployment Tax Owner-Operator Exemption GuttedRead Scopelitis' take on the New Jersey Department of Labor and WorkforceDevelopment notice that it had adopted substantial changes to the regulations interpretingwhat constitutes necessary evidence under New Jersey’s unemployment tax independentcontractor exemptions applicable to a wide range of industries -NJ Stat. Ann. S43:21-19(i)(7).

Law Alert: California Supreme Court Denies Petition for Rehearing in Dynamex Read Scopelitis' take on California Supreme Court denying the Dynamex petition forrehearing.

Law Alert: Supreme Court Allows Class Waivers in ArbitrationRead Scopelitis' take on the Supreme Court ruling that Class-Action andCollective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA

Transportation Brief: Buyers Be DiligentWhen considering the acquisition of a motor carrier operation, a number of due diligencematters specific to transportation should be analyzed. Read more here.

Law Alert: California Supreme Court Clarifies Test for Employment Status Under IWC WageOrders

Read Scopelitis' take on the California Supreme Court decision.Law Alert: Supreme Court to Consider the “Transportation Worker” Exemption from theFederal Arbitration Act

Read Scopelitis' take on the U.S. Supreme Court agreeing to hear an appeal by motorcarrier New Prime, Inc. challenging a decision by the U.S. Court of Appeals for the FirstCircuit that found the company’s owner-operators worked under “contracts ofemployment.”

Law Alert: Pennsylvania IC WithholdingRead Scopelitis' take on a new Pennsylvania non-employee withholding requirement.

Scopelitis Legislative News - October 2017Trends covered in this issue:• States Prepare for 2018 Sessions• The Emerging Economy Continues to Impact Legislatures• IC Certification Procedures on the Rise?• Appropriations for the Department of Transportation Advances in the House• FMCSA Administrator Nomination Announced• Joint Employer Clarification Bill Advances

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

GREGORY M. FEARY, Partner

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• Autonomous Vehicle Bills AdvanceLaw Alert: ALJ Finds Misclassifying Independent Contractor Drivers Violates the NLRA

Read Scopelitis' take on the ALJ decision.Transportation Brief: Best Practices for Structuring Lease-Purchase Programs

Responding to increased interest in entrepreneurship opportunities and capacity demands,many lease-purchase programs are available for sole proprietor owner-operators.

Transportation Brief: Occupational Accident Coverage in the Gig EconomyThe collaborative economy or “gig economy” continues to make its mark on theindependent contractor landscape. As these services and the companies that oversee themmature, the market is responding to contractors’ business needs in much the same way themarket has responded to independent contractors in other, more traditional businessmodels.

Law Alert: Permanent Injunction Issued on DOL’s Overtime RuleRead more on Scopelitis' take on a Texas judge's final order rejecting the U.S.Department of Labor’s attempt to raise the salary level for “white collar” exemptionsfrom overtime.

Scopelitis in the News: "Tech firms see big tech opportunity in freight apps." August 19, 2017,Indianapolis Business Journal (IBJ)

Scopelitis President & Managing Partner Greg Feary on tech innovation in the freightindustry.

Scopelitis in the News: "Trucking industry report was inaccurate." July 2, 2017, IndyStarScopelitis President and Managing Partner Greg Feary on USA Today's "Rigged" series.

Law Alert: First Circuit Denies Full-Court Review of Arbitration Opinion Unfavorable forTransportation Providers

Read more on Scopelitis' take on First Circuit decision. Scopelitis in the News: Feary Responds to "Rigged"

Scopelitis President & CEO Greg Feary Responds to USA Today's story on the truckingindustry.

Scopelitis in the News: "USA Today Report Misses Mark." June 26, 2017 Transport Topics.Transport Topics' coverage of Scopelitis President & CEO Greg Feary's response to USAToday's story on the trucking industry.

Scopelitis in the News: "City Mulls Taxi Rule Changes in Era of Uber, Lyft." June 17, 2017,Indianapolis Business Journal (IBJ)

Scopelitis Partners Greg Feary and Shannon Cohen share insights with IBJ on statelegislation governing app-based ride-hailing companies.

Scopelitis Legislative News - June 2017This newsletter includes a sampling of noteworthy developments or trends affectingtransportation in Congress or the state legislatures during the last two months. Trends covered in this issue:• Scopelitis Law Alert: U.S. DOL Announces Withdrawal of Joint Employment,Independent Contractor Informal Guidance• States Seek Infrastructure Funding• Lowering Roadblocks to Platooning

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

GREGORY M. FEARY, Partner

Page 12: GREGORY M. FEARY, Partner · PROFILE Gregory M. Feary is President of the firm and also serves as a managing partner who practices ... 2012 and 2016 list and as one of the top 5%

• States React to Gig Economy• FY 2018 Presidential Budget• DOT Personnel Changes • Regulatory Reform• Tax Reform• FMCSA Withdraws Minimum Insurance Limits Rulemaking• Entry-Level Driver Training Rule• FMCSA Split-Sleeper Berth Pilot• Rescission of USDOL Persuader Rule Submitted to OMB

Scopelitis in the News: "Labor Department Withdraws Informal 2015 Guidance on Role ofindependent Contractors." June, 10, 2017, DC Velocity.

Scopelitis President & Managing Partner Greg Feary shares insights with DC Velocityon U.S. DOL's decision to withdrawal an informal interpretation of labor law issued in2015.

Scopelitis in the News: "Trump DOL Relieves Pressure Surrounding Obama-era Changes toOwner-Operator Model." June 9, 2017, Commercial Carrier Journal (CCJ)

Scopelitis President & Managing Partner Greg Feary shares insights with CCJ on U.S.DOL's decision to withdrawal joint employment, independent contractor informalguidance

Scopelitis Legislative News - March 2017This newsletter is an overview of noteworthy developments or trends affectingtransportation in Congress or the state legislatures so far in 2017.Trends covered included in this newsletter:• National Carrier Hiring Standard• Regulatory Reform• Class Action Reform• 2018 Presidential Budget• States Seek Infrastructure Funding• Lowering Roadblocks to Platooning

Transport Topics Labor Department’s Misclassification GuidanceScholarship Intended to Open Doors for StudentsO-O Model Forces Fleets To Lean on Legal Services”This is the worst environment yet for independent contractor operations,” said Gregory Feary,managing partner of Scopelitis, Garvin, Light, Hanson & Feary. “Lots of companies aresuccessful at it, but you really need to know what you’re doing.”

The Owner-Operator Business ModelTransport TopicsTips for a ‘Hard’ Insurance Market - November 2003

Commercial Carrier JournalReward for Risk

PEO InsiderEmployment Practices Liability Insurance Coverage in Non-Employer Situations

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

GREGORY M. FEARY, Partner

Page 13: GREGORY M. FEARY, Partner · PROFILE Gregory M. Feary is President of the firm and also serves as a managing partner who practices ... 2012 and 2016 list and as one of the top 5%

Employment Practices Liability Insurance Coverage in Non-Employer Situations

PEO InsiderAssociation Plans: Salve or Salt for Group Health Wounds?

© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

GREGORY M. FEARY, Partner