SHANNON M. COHEN, Partner - Scopelitis, Garvin, Light
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SHANNON M. COHEN, Partner
PRACTICE CONCENTRATION
Ms. Cohen primarily practices in the areas of emerging
technologies, independent contractor issues and
legislative services.
PROFILE
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 (317) 492-9260
drafting and revising legislation and assessing and (317) 492-9260
communicating the impact of such legislation on the
scohen@scopelitis.com
trucking industry. Ms. Cohen has also been a featured
speaker on these topics to industry stakeholders and OFFICE: Indianapolis
associations.
PRACTICE AREAS
Independent Contractor Issues
Government Affairs
Legislative Services
Sharing Economy, Autonomous Vehicles, and Emerging Technologies
EDUCATION
Indiana University, B.S.
Indiana University Maurer School of Law, J.D.
cum laude
served on the board of the Indiana Journal of Global Legal Studies
ADMISSIONS/MEMBERSHIPS
Bar Admissions
Indiana (2002)
© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.SHANNON M. COHEN, Partner
Court Admissions
All Indiana state and federal courts
Memberships
Indianapolis Bar Association
Indiana State Bar Association
American Bar Association
ON THE ROAD
Update on Independent Contractor Rulings, Laws, Bills, and Other Developments Across the
Country
Jan 16, 2020, Scopelitis Webinar Series
An update regarding the latest information developing across the county, from
California’s controversial AB 5 to New Jersey’s S4204. In addition, an overview of best
practices, contract provisions, and common mistakes that can create legal jeopardy in
motor carriers’ dealings with owner-operator/ independent contractors.
Owner-Operator Panel
Jul 15, 2019, American Trucking Associations’ 2019 Trucking Legal Forum - Rancho
Bernardo, CA
Safety Oversight, Telematics and Balancing Safety and Control
May 21, 2019, American Trucking Association (ATA) Webinar Series
As many motor carriers have experienced, working with independent contractors and
managing telematic tools like electronic logging devices (ELDs) presents many
challenges. This webinar duided motor carriers in the implementation of telematics and
other safety-related devices in an independent contractor fleet. Topics covered included:
- What to do when the mandated use of telematic and safety related devices
run afoul of the federal leasing regulations
- What control a motor carrier may assert while still avoiding
misclassification claims
- How safety incentives may be utilized to encourage adoption
Additionally, efforts to enact legislation that protect Independent Contractor status while
encouraging adoption of safety-related devices were reviewed and discussed.
Updates on Owner-Operator and Independent Contractor Issues
Jul 15, 2018, American Trucking Associations General Counsel Forum - Santa Ana Pueblo,
NM
Owner-Operators: Here to Stay, For Now
Jan 18, 2018, Transportation Lawyers Association's 2018 Chicago Regional Seminar -
Chicago, IL
Legal Issues Impacting Transportation Operations and Employee Rights
Nov 8, 2017, Women in Trucking's Annual Accelerate Conference - Kansas City, MO
Independent Contractor Status in 2017
© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.SHANNON M. COHEN, Partner
Jul 17, 2017, American Trucking Associations' Forum for Motor Carrier General Counsel -
Beaver Creek, CO
Legislative Impact of the New Administration
Apr 20, 2017, Scopelitis Webinar Series
PUBLICATIONS
Law Alert: AB 5 Temporary Restraining Order Extended
California Federal District Judge Roger Benitez considered whether to grant a
preliminary injunction in California Trucking Association v. Beccera. Read more about
the latest AB 5 news.
Law Alert: AB 5 Temporary Restraining Order Granted
On December 31, 2019, California Federal District Judge Roger Benitez granted a
temporary restraining order in California Trucking Association v. Beccera. The TRO
enjoins 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) status
can significantly change the business operations of a motor carrier in any given state and
can have a domino effect on operations even beyond the borders of that state. Read more
about how Scopelitis' IC legislative counsel practice regularly assists clients, state
associations, industry associations, and coalitions with monitoring recent legislative
activity that could impact IC status.
Transportation Brief: AB 5 – Practical Solutions to a Thorny Problem
Companies and owner-operator businesses are both searching for practical solutions to
the problem presented by California Assembly Bill 5 (AB 5). Read more from Scopelitis
regarding solutions that are developing as the best options for tackling the
practical realities of equipment and professional services that companies face.
Scopelitis in the News: "Trucking Looks for Solutions to California's Stringent New
Independent Contractor Law." October 22, 2019. Heavy Duty Trucking (HDT).
Scopelitis Partners Greg Feary, Shannon Cohen, and Chris McNatt quoted in Heavy Duty
Trucking on California's AB 5 law.
Law Alert: California ABC Test - Controversial AB 5 Moves to Governor
Scopelitis on the California legislature passing AB 5, which will impact many small
businesses in California and will alter business relationships with many companies that
work with those small businesses.
Scopelitis Legislative News - June 2019
Legislative updates from Scopelitis including FY 2020 Transportation Appropriation,
infrastructure spending, autonomous vehicles, and portable benefit models and
independent contractor status.
Law Alert: Dynamex Legislation Passes California Assembly
Scopelitis attorneys offer an update on the potential application of the Dynamex standard.
Transportation Brief: Spotlight on Scopelitis Emerging Tech Practice
The way transportation companies conduct business today is changing quicker than ever,
© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.SHANNON M. COHEN, Partner
with technology presenting new opportunities and challenges. The Scopelitis Firm
actively follows these changes and frequently assists newly-formed, technology-based
transportation companies and established companies that seek to adopt new technologies
to enhance their existing business model.
Scopelitis Legislative News - March 2019
Updates from Scopelitis' Legislative Services team.
Law Alert: Unemployment Tax IC Status Decision Q.D.-A., Inc. v. Indiana Dept. of Workforce
Development
The Indiana Supreme Court issued a unanimous opinion in Q.D.-A., Inc. v. Indiana
Department of Workforce Development. Read insight from Scopelitis attorneys.
Scopelitis in the News: "Feary & Cohen: Changes Might Affect Transportation Independent
Contractors." Indiana Lawyer. January 23, 2019.
Scopelitis Partners Greg Feary and Shannon Cohen in Indiana Lawyer on a decision that
may impact independent contractor relationships across the country, especially in the
transportation industry.
Law Alert: California Joint and Several Motor Carrier List
Pursuant to the statutory “publication” requirement under CA Labor Code §2810.4 a list
of motor carriers that have outstanding California Department of Labor Standards
Enforcement wage and hour liabilities has been published. Read more.
Scopelitis Legislative News - December 2018
Trends 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: NJ Unemployment Tax Owner-Operator Exemption Gutted
Read Scopelitis' take on the New Jersey Department of Labor and Workforce
Development notice that it had adopted substantial changes to the regulations interpreting
what constitutes necessary evidence under New Jersey’s unemployment tax independent
contractor exemptions applicable to a wide range of industries -NJ Stat. Ann. S
43:21-19(i)(7).
Law Alert: Pennsylvania IC Withholding
Read Scopelitis' take on a new Pennsylvania non-employee withholding requirement.
Scopelitis in the News: Scopelitis Honored with 2017 IMTA Legislative Recognition Award
Scopelitis recognized for 2017 legislative work.
Scopelitis Legislative News - October 2017
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
© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.SHANNON M. COHEN, Partner
• FMCSA Administrator Nomination Announced
• Joint Employer Clarification Bill Advances
• Autonomous Vehicle Bills Advance
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.
Scopelitis in the News: HB 1002 Balances Higher Trucking Fees, Infrastructure Help
Scopelitis Partners Andy Light and Shannon Cohen share insights with Indiana Lawyer
on Indiana House Bill 1002.
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.
Scopelitis Legislative News - June 2017
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
• 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 Legislative News - March 2017
This newsletter is an overview of noteworthy developments or trends affecting
transportation 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
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