james h. hanson, partner - attorneys - trucking · flsa, fmla, and cobra compliance; and...

PRACTICE CONCENTRATION

Mr. Hanson’s practice focuses on labor and employmentissues in the transportation and construction industries.

PROFILE

James H. Hanson has advised and represented numerousemployers in the transportation, construction and otherindustries in a wide variety of management labor andemployment-related matters, including defendingwrongful discharge and discrimination claims; negotiatingseverance agreements; preparing employee handbooks,policy manuals and substance abuse and harassmentpolicies; negotiating collective bargaining agreements;conducting counter-union organizing campaigns; handlingwage and hour investigations; counseling employers onFLSA, FMLA, and COBRA compliance; andrepresenting employers before the NLRB, the EEOC, theU.S. Department of Labor and other state and federalagencies and in litigation in federal and state courts. Hehas also advised and represented clients in claims underthe Employee Retirement Income Security Act (ERISA)and the Multiemployer Pension Plan Act (MPPAA). Named as one of the top 5% of Indianalawyers by the 2004, 2005, 2006 and 2008 Indiana Super Lawyers® peer selection survey, Mr.Hanson has lectured nationally on numerous labor and employment matters. Mr. Hanson has alsoargued before the U.S. Supreme Court.

PRACTICE AREASLabor and EmploymentClass Action Defense and Complex LitigationLitigation and Appellate

EDUCATIONAnderson University, B.A.

magna cum laudeIndiana University Robert H. McKinney School of Law, J.D.

magna cum laude

ADMISSIONS/MEMBERSHIPS

(317) 492-9205

(317) 687-2414

[email protected]

OFFICE: Indianapolis

© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

JAMES H. HANSON, Partner

ADMISSIONS/MEMBERSHIPS

Bar AdmissionsIndiana (1981)

Court AdmissionsAll Indiana state and federal courtsU.S. Courts of Appeal for the Second, Fourth, Sixth, Seventh, Ninth, Eleventh and D.C.CircuitsU.S. Supreme Court

MembershipsIndianapolis Bar AssociationIndiana State Bar Association (Labor and Employment Section)American Bar Association (Labor and Employment and Litigation Sections)Member of and director of the National Transportation Employee Relations AssociationMember of Associated Builders & Contractors, Indiana Chapter, Inc.

ON THE ROADClass Action UpdateMay 21, 2020, Scopelitis Webinar Series Predictive Scheduling – The Next Big Challenge for the Trucking IndustryMar 1, 2020, North American Transportation Employee Relations Association’s (NATERA)Conference - Orlando, FL Update on the Overlap of U.S. DOL and DOT Regulations Impacting Employment IssuesSep 16, 2019, North American Transportation Employee Relations Association’s 2019Building Block of Employee Relations Conference - Alexandria, VA Class Action UpdateMar 21, 2019, Scopelitis Webinar Series Class Action Update - Escaping the Eruption of Class and Collective ActionsOct 19, 2017, Scopelitis Webinar Series

PUBLICATIONSLaw 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.

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.



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.

Transportation Brief: Spotlight on Scopelitis Class Action Defense Over the last 15 years, the transportation industry has been subject to an onslaught ofwage-and-hour class actions. Legislative efforts like New Jersey’s efforts to adopt theABC test for misclassification claims and California’s AB 5 ensure wage-and-hour classactions will continue to threaten transportation companies for the foreseeable future. Asone of the few legal teams in the country to have successfully tried multiple class actionsto verdict, Scopelitis is at the forefront when it comes to making and defending the law.Learn more.

Scopelitis L & E News: November 2019The Scopelitis Labor & Employment team on making sure your company's fitness/agilitytests are legal.

Scopelitis L & E News: October 2019Scopelitis' Labor & Employment practice on the growing marijuana trend increasesemployer uncertainty in drug testing and discipline.

Law Alert: U.S. DOL Issues Final Rule Raising Overtime Exemption Salary Threshold to$35,568

Scopelitis on the U.S. DOL’s final regulation on workers’ overtime-exempt status.Scopelitis L & E News: August 2019

Scopelitis Labor & Employment Practice on action employers should take regarding theDOL opinion letter on sleeper berth time.

Law Alert: U.S. DOL Opinion: Sleeper Berth Time Spent Off Duty Is Not CompensableAn alert from Scopelitis' Labor & Employment team regarding the DOL's positionon sleeper berth time.

Scopelitis L & E News: July 2019Scopelitis' Labor & Employment Practice on paid leave laws creating tension fortransportation industry employers.

Scopelitis L & E News: May 2019Scopelitis' Labor & Employment Practice on its Sexual Harassment Prevention Trainingoffering

Scopelitis in the News: "Calif. Truckers' Wage Action Trimmed Under DOT." May 6, 2019.Law360.

Scopelitis Partner James Hanson quoted in Law360 regarding a Caliornia district courtdecision in the Ayala case.

Scopelitis in the News: "U.S. Xpress Defends Against California Meal and Rest BreakClaims." May 6, 2019. FreightWaves.

Scopelitis Partner James Hanson quoted in FreightWaves regarding a California federalcourt's decision to dismiss part of a class-action lawsuit against U.S. Xpress that claimed



the Chattanooga, Tennessee-based truckload carrier violated the state’s meal and restbreak laws.

Law Alert: District Court Dismisses Meal and Rest Break Claims Based on FMCSAPreemption Decision

A decision that sets an important precedent for transportation companies facing meal andrest break claims in California. Read more from the Scopelitis Class Action Defense andComplex Litigation team.

Scopelitis in the News: "Citing FMCSA Policy Change, Court Dismisses Suit Against U.S.Xpress Over California Break Laws." May 6, 2019. Overdrive Magazine.

Scopelitis Partner James Hanson quoted in Overdrive Magazine regarding aCalifornia district court decision to dismiss meal and rest break claims based on FMCSApreemption decision.

Law Alert: Prepare Now for September 30, 2019 EEO-1 Pay Data Reporting DeadlineDeadlines and requirements for the EEOC's new pay data reporting requirement havenow been set. Read details from the Scopelitis L&E team.

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.

Scopelitis L & E News: March 2019, Part 2Scopelitis' Labor & Employment Practice with an update on EEO-1 Reporting

Scopelitis L & E News: March 2019, Part 1Scopelitis Labor & Employment Practice with a note on steering clear of National LaborRelations Act problems

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.

Scopelitis L & E News: December 27, 2018Scopelitis' Labor & Employment Practice on Illinois recently becoming the ninth state ordistrict to mandate reimbursement of an employee’s expenses

Scopelitis L & E News: December 6, 2018From Scopelitis' Labor & Employment Practice on the overtime salary threshold of$23,660 that has been under review by the Department of Labor (“DOL”) since 2016 -still on hold

Law Alert: Dynamex subject to FAAAA preemption



Read 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 L & E News: November 2018Scopelitis' Labor & Employment Practice on OSHA, who has recently provided guidancefor safety-minded companies in the form of advice as well as citations issued

Scopelitis L & E News: October 2018Scopelitis' Labor & Employment Practice on whether or not employer has a legalobligation to allow an employee to bring an animal into the workplace.

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: Employers Should Immediately Begin Using New Version of FCRA Summary ofRights

Read more on the Consumer Financial Protection Bureau's just released newmodel “Summary of Your Rights Under the Fair Credit Reporting Act”.

Scopelitis L & E News: September 2018Scopelitis' Labor & Employment Practice on how a new case from the 7th Circuit (thefederal jurisdiction covering Indiana, Illinois and Wisconsin) provides some practicalclarity on the phrase “reasonable accommodation”.

Law Alert: NLRB Invites Comments On Employee Access to Employer Email for UnionOrganizing Purposes

Read insights from Scopelitis on a notice issued by the NLRB on August1st regarding invites to file briefs on whether the Board should adhere to, modify, oroverrule Purple Communications, Inc., 361 NLRB 1050 (2014).

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

Read Scopelitis' take on the California Supreme Court decision.Transportation Law Alert: California Bars Inquiries Into Applicants’ Salary History

Read Scopelitis' take on California law prohibiting employers from seeking salary historyinformation from applicants for employment.

Law Alert: ALJ Finds Misclassifying Independent Contractor Drivers Violates the NLRARead Scopelitis' take on the ALJ decision.

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: "Class Wage-and-Hour Litigation is an Ongoing Threat" August, 24,2016, The Indiana Lawyer

Scopelitis Partners Jim Hanson and Chris Eckhart on the dynamics of class and collective



actions and what drives them and why they should be a chief concern of every companythat wants to avoid high-stakes, bet-the-company litigation.

Calif. Truckers’ Wage Case Preempted By US Law: JudgeIn a potential boon for the California trucking industry, a federal judge on Wednesday tossedclass action claims that Penske Logistics LLC underpaid for meal and rest breaks foremployees who delivered Whirlpool Corp. appliances, saying those claims were preempted byfederal law.



james h. hanson, partner - attorneys - trucking · flsa, fmla, and cobra compliance; and...

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