GREGORY M. FEARY, Partner

Transcription

1 GREGORY M. FEARY, Partner 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. (317) (317) gfeary@scopelitis.com OFFICE: Indianapolis 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. Mr. Feary currently serves as an Adjunct Professor of Law-Indiana University, Robert H. McKinney School of Law. Mr. Feary has created and counseled many captive insurance companies and is the author of The

2 Definitive Industry Primer on Occupational Accident Insurance in Trucking. He is also the author of both Independent Contractor Employment Classification: A Survey of State and Federal Laws in the Motor Carrier Industry, 35 Trans. Law J. 139 (2008) and 1995 Developments in Workers' Compensation, 29 Ind. L. Rev (1996) and drafted Indiana's law deeming owner-operators of trucks to be independent contractors for purposes of workers' compensation. PRACTICE AREAS Legislative Services Insurance & Risk Management Regulatory Compliance Government Affairs Independent Contractor Issues EDUCATION Eastern Illinois University, B.A. Indiana University Robert H. McKinney School of Law, J.D. ADMISSIONS/MEMBERSHIPS Bar Admissions Indiana Court Admissions Indiana State and Federal Courts U.S. Supreme Court Memberships Indianapolis Bar Association Indiana State Bar Association American Bar Association ON THE ROAD "Update on Independent Contractor Status in Trucking" Jul 10, 2018, Hudson Insurance Group's Annual Risk Management / Leadership Conference - Indianapolis, IN Unexpected Liabilities Apr 10, 2018, Truck Renting & Leasing Association s 2018 Annual Meeting - Scottsdale, AZ Owner-Operators: Here to Stay, For Now Jan 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 Lease Nov 8, 2017, Georgia Motor Trucking Association's Leadership Conference - Marietta, GA E-Commerce and Final Mile s Effect on LTL and Parcel Supply Chains

3 Sep 14, 2017, 2017 FTR Transportation Conference - Indianapolis, IN Scopelitis Webinar Series: What Rigged Got Wrong: Structuring Lease-Purchase Programs to Avoid the Risks Outlined in USA Today s Rigged Series Aug 22, 2017 Scopelitis Webinar Series: International Logistics - Real World Examples of What Can Go Wrong, And How to Prevent It Jul 20, 2017 Scopelitis Webinar Series: Owner-Operator Business Model Update Mar 16, 2017 Scopelitis Webinar Series: Independent Contractor Challenges Jul 14, 2016 PUBLICATIONS Transportation Law Alert: Supreme Court Allows Class Waivers in Arbitration Read Scopelitis' take on the Supreme Court ruling that Class-Action and Collective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA Transportation Brief: Buyers Be Diligent When considering the acquisition of a motor carrier operation, a number of due diligence matters specific to transportation should be analyzed. Read more here. Transportation Law Alert: California Supreme Court Clarifies Test for Employment Status Under IWC Wage Orders Read Scopelitis' take on the California Supreme Court decision. Transportation Law Alert: Supreme Court to Consider the Transportation Worker Exemption from the Federal Arbitration Act Read Scopelitis' take on the U.S. Supreme Court agreeing to hear an appeal by motor carrier New Prime, Inc. challenging a decision by the U.S. Court of Appeals for the First Circuit that found the company s owner-operators worked under contracts of employment. Transportation Law Alert: Pennsylvania IC Withholding Read Scopelitis' take on a new Pennsylvania non-employee withholding requirement. October 2017 Scopelitis Legislative Trends Newsletter Trends 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 Autonomous Vehicle Bills Advance Transportation Law 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

4 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 Economy The collaborative economy or gig economy continues to make its mark on the independent contractor landscape. As these services and the companies that oversee them mature, the market is responding to contractors business needs in much the same way the market has responded to independent contractors in other, more traditional business models. Transportation Law Alert: Permanent Injunction Issued on DOL s Overtime Rule Read 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 exemptions from 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 freight industry. Scopelitis in the News: "Trucking industry report was inaccurate." July 2, 2017, IndyStar Scopelitis President and Managing Partner Greg Feary on USA Today's "Rigged" series. Transportation Law Alert: First Circuit Denies Full-Court Review of Arbitration Opinion Unfavorable for Transportation 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 trucking industry. 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 USA Today'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 state legislation governing app-based ride-hailing companies. June 2017 Scopelitis Legislative Trends Newsletter This newsletter includes a sampling of noteworthy developments or trends affecting transportation 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 States React to Gig Economy FY 2018 Presidential Budget DOT Personnel Changes Regulatory Reform

5 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 of independent Contractors." June, 10, 2017, DC Velocity. Scopelitis President & Managing Partner Greg Feary shares insights with DC Velocity on U.S. DOL's decision to withdrawal an informal interpretation of labor law issued in Scopelitis in the News: "Trump DOL Relieves Pressure Surrounding Obama-era Changes to Owner-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 informal guidance March 2017 Scopelitis Legislative Trends Newsletter This newsletter is an overview of noteworthy developments or trends affecting transportation in Congress or the state legislatures so far in 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 Guidance Scholarship Intended to Open Doors for Students O-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 are successful at it, but you really need to know what you re doing. The Owner-Operator Business Model Transport Topics Tips for a Hard Insurance Market - November 2003 Commercial Carrier Journal Reward for Risk PEO Insider Employment Practices Liability Insurance Coverage in Non-Employer Situations PEO Insider Association Plans: Salve or Salt for Group Health Wounds? GREGORY M. FEARY, Partner