PRASAD SHARMA, Partner - Scopelitis, Garvin, Light, Hanson ...
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PRASAD SHARMA, Partner
PRACTICE CONCENTRATION
Mr. Sharma focuses his practice on advocacy before state
and federal legislative and regulatory bodies and advises
on a wide array of regulatory compliance issues. He leads
from the firm’s Washington D.C. office on legislative
support initiatives and provides a legal liaison function to
firm clients seeking transportation and logistics industry
national and state association outreach and issue-specific
coordination of desired legislative outcomes.
PROFILE
Prior to joining the firm, Mr. Sharma spent fifteen years
as in-house counsel at American Trucking Associations,
Inc., where he spent his last four years as senior vice
president and general counsel, as well as executive vice
president and general counsel to the ATA Litigation
(202) 551-9031
Center. Mr. Sharma was actively involved in crafting
numerous pieces of legislation at the federal level and (202) 296-9433
notably crafted the motor carrier anti-indemnification psharma@scopelitis.com
legislation that has been enacted by nearly 40 states. Mr. OFFICE: Washington D.C.
Sharma has frequently spoken on independent contractor
issues, motor carrier regulations, and legislative
developments. Before going to law school, Mr. Sharma worked for Senator Bob Dole (KS),
assisting on foreign policy, trade, and defense issues.
PRACTICE AREAS
Government Affairs
Regulatory, DOT, and Hazardous Materials Compliance
Independent Contractor Issues
Legislative Services
EDUCATION
Georgetown University, B.S.F.S.
Emory University, J.D.
ADMISSIONS/MEMBERSHIPS
Bar Admissions
© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.PRASAD SHARMA, Partner
Maryland
District of Columbia
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals for the First and D.C. Circuits
U.S. District Court - District of Maryland
Memberships
Transportation Lawyers Association
ON THE ROAD
Independent Contractors Within the New Political Environment—State and Federal Challenges
Apr 20, 2021, American Trucking Associations’ 2021 Virtual Law Review Webinar Series
Advocacy Committee Panel
Aug 5, 2019, National Home Delivery Association’s 2019 Forum - Denver, CO
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.
Arbitration Hits the Skids: Unpacking the New Prime Opinion and What it Means for
Arbitration with Owner-Operators
Jan 28, 2019, Scopelitis Webinar Series
Updates on Owner-Operator and Independent Contractor Issues
Jul 15, 2018, American Trucking Associations General Counsel Forum - Santa Ana Pueblo,
NM
Independent Contractor Status in 2017
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
© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.PRASAD SHARMA, Partner
Transportation Brief: A Bumpy Road for Arbitration Under the Biden Administration?
With a new administration taking control, there may be renewed focus on efforts to
curtail the use of mandatory arbitration agreements. What can we expect?
Transportation Brief: Regulatory Outlook for the New Administration
That elections have consequences is generally accepted, but agreement on what those
consequences are is less universal. If the Biden administration’s early focus is undoing
the regulatory actions of the Trump administration, what will the consequences be for
trucking outside of the DOT?
Law Alert: DOL Publishes Final IC Rule
The Department of Labor published the text of its final rule establishing the test for
independent contractor status under the Fair Labor Standards Act. The text remained
largely unchanged from the initial language released in the Notice of Proposed
Rulemaking published last September. The final rule is an economic realities test with a
two-tier analysis.
Law Alert: California Voters Say YES to Prop 22
Prop 22 put the issue of the independent contractor status of gig economy drivers before
California voters – these voters overwhelmingly voted yes to Proposition 22 on election
day according to Associated Press reports. Scopelitis on how this translates to the
transportation industry.
Transportation Brief: No Circuit Split (Yet) on the FAA “Transportation Worker” Exemption
In the Summer edition of The Transportation Brief, we discussed the First Circuit’s recent
holding that Amazon’s “AmFlex” delivery drivers are exempt from the Federal
Arbitration Act (FAA), even if they do not cross state lines, because the goods they
transport are moving in interstate commerce. Since then, the Ninth Circuit has agreed
with the First Circuit in another case involving AmFlex drivers (over a strong dissent),
while the Seventh Circuit reached the opposite conclusion (i.e., that delivery drivers are
not exempt) in a case involving GrubHub.
Transportation Brief: PPP and Beyond: Where Can I Turn For Additional Help?
The Paycheck Protection Program (PPP), although credited with helping the economy
stay afloat and keeping workers employed, has not been a model of clarity. A constant
drip of new rules and guidance, leaves many questions unanswered. Read the latest.
Transportation Brief: Circuit Courts Grapple with the “Transportation Worker” Exemption
The Supreme Court’s holding in New Prime has not been the death knell for the
transportation industry’s efforts to enforce arbitration agreements under the FAA. Instead,
the fight has moved to another element of the exemption, namely, whether the individual
belongs to a class of workers engaged in interstate commerce. Read more about the First
Circuit's ruling, unsettled questions on this topic, and the potential for transportation
arbitration cases to appear on the Supreme Court's docket in the future.
Law Alert: First Circuit Rules that Delivery Drivers Need Not Cross State Lines to Be Exempt
from the Federal Arbitration Act
The U.S. Court of Appeals for the First Circuit held that last-mile drivers who do not
cross state lines are nonetheless interstate “transportation workers” exempt from the FAA
© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.PRASAD SHARMA, Partner
so long as they transport goods or people within the “flow of interstate commerce.” The
First Circuit’s opinion is the first circuit-level holding on this issue. Read the latest.
Law Alert: FMCSA Extends Emergency Declaration Through August 14, 2020
FMCSA announced an extension of its Modified Emergency Declaration through August
14, 2020, allowing motor carriers and drivers providing direct assistance to the
COVID-19 emergency relief efforts to continue operating under the exemptions set forth
in the declaration through that date.
Law Alert: PPP Loan Landscape Changes Again
The Senate, by unanimous consent, approved the bill passed by the House last week that
provides significant changes to the Paycheck Protection Program Loan landscape. The
President is expected to sign the bill. The legislation provides borrowers greater
flexibility with respect to the PPP loan forgiveness process. Read more.
Law Alert: PPP Loan Forgiveness Interim Final Rule Released
Scopelitis insight on the SBA and Treasury's Interim Final Rule (IFR) providing
guidance for the calculation of PPP borrower loan forgiveness.
Law Alert: PPP Loan Certification Safe Harbor and Repayment Extension
The latest regarding the scope of the Safe Harbor and the PPP loan program.
Law Alert: FMCSA Extends Emergency Declaration Through June 14, 2020
The FMCSA announced an extension of its Emergency Declaration through June 14,
2020, allowing motor carriers and drivers providing direct assistance to the COVID-19
emergency relief efforts to continue operating under the exemptions set forth in the
declaration through that date.
Law Alert: FMCSA Issues Temporary Waiver for Drivers with Expiring CDLs, CLPs,
Operator’s Licenses, and Medical Cards
FMCSA issued a limited waiver for commercial drivers whose CDLs, CLPs, operator’s
licenses, and/or medical cards have expired or are set to expire after March 1, 2020. The
waiver, which is effective immediately and valid through June 30, 2020, comes in
response to state DMV and medical clinic closures that have made it difficult for
commercial drivers to renew expiring licenses and medical cards in the midst of the
COVID-19 pandemic.
Law Alert: FMCSA Issues Expanded Emergency Declaration for COVID-19 Relief Efforts
FMCSA issued an Expanded Emergency Declaration on Wednesday afternoon, adding to
the list of transportation services covered under the exemption and clarifying the
exemption’s carve-out for “mixed loads.”
Law Alert: FMCSA Issues Federal Emergency Declaration and Limited Regulatory Reprieve
for COVID-19 Relief Efforts
The FMCSA has issued an emergency declaration, temporarily suspending certain federal
safety regulations, including hours-of-service rules, for motor carriers and drivers
providing vital supplies and services in response to the COVID-19 pandemic.
Transportation Brief: California Takes Aim at Mandatory Arbitration
The Governor of California recently signed into law AB 51. Read more about how the
new law impacts transportation businesses and what you should do now that AB 51 is
law.
© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.PRASAD SHARMA, Partner
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: Dispatches
Transportation Industry News & Trends
Scopelitis in the News: "Perspective: Putting Safety Above ‘Misclassification.'" July 8, 2019.
Transport Topics.
An op-ed written by Washington, D.C.-based Scopelitis Partner Prasad Sharma on a
recent effort in a state legislature that threatens to impede progress in trucking safety.
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.
Transportation Brief: Supreme Court Weighs in on Arbitration with Owner-Operators
At issue in New Prime, Inc. v. Oliveira, decided on January 15, 2019, was whether Mr.
Oliveira—who personally drove a lease-purchase truck—was exempt from the Federal
Arbitration Act (FAA) because he had a “contract of employment.” The answer would
determine whether Prime could invoke the FAA to enforce an arbitration agreement Mr.
Oliveira had agreed to.
Scopelitis Legislative News - March 2019
Updates from Scopelitis' Legislative Services team.
Law Alert: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from the
Federal Arbitration Act
Read more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v.
Oliveira.
Scopelitis in the News: "Infrastructure, Trade Loom Large for Trucking in the New Year."
January 4, 2019. Transport Topics.
Scopelitis Partner Prasad Sharma in Transport Topics on the DRIVE-Safe Act and
infrastructure.
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: Sears Files for Bankruptcy
Read more on the Sears Holding Corporation and almost 50 related companies, including
© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.PRASAD SHARMA, Partner
both Kmart and Innovel Solutions (collectively “Sears”), having filed Chapter 11
bankruptcy cases in the Southern District of New York Bankruptcy court.
Law Alert: U.S. Supreme Court Hears Oral Argument in New Prime
Read more on the oral argument in New Prime, Inc v. Oliveira a case primarily about
whether trucking independent contractors are exempt from the Federal Arbitration Act
(FAA).
Video Law Alert: New Prime Oral Argument Preview
Read a preview of next week’s oral argument in a trucking case pending before the
United States Supreme Court that will significantly impact the use of arbitration to
resolve disputes with owner-operators.
Law Alert: California’s Meal and Rest Break Requirements Preempted
Read more on California Meal and Rest Break Laws Preempted With Respect To Hazmat
Drivers.
Scopelitis in the News: "Supreme Court Turns Aside J.B. Hunt on Truck Driver Suit." June 8,
2018, Wall Street Journal.
Scopelitis Partner Prasad Sharma quoted in WSJ on the U.S. Supreme Court turning
aside J.B. Hunt Transport Inc.’s appeal of a court ruling allowing a class-action case
seeking enforcement of California rules on wages, rest breaks for drivers the class-action
suit to move ahead.
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
• FMCSA Administrator Nomination Announced
• Joint Employer Clarification Bill Advances
• Autonomous Vehicle Bills Advance
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
© 2021 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.PRASAD SHARMA, Partner
• 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
Transportation Brief: First Circuit Deals Blow to Hair-Testing
On December 28, 2016, the United States Court of Appeals for the First Circuit dealt a
setback to the Boston Police Department’s hair-testing program used to assess an
individual’s prior use of banned drugs. Jones v. City of Boston, No. 15-2015 (1st Cir.
2016). The decision may impact the potential use of hair testing programs in the trucking
industry in lieu of currently prescribed pre-employment urine-testing.
Scopelitis in the News: "Trucker Rest Break, Other Rules In Trouble After Trump Move."
March 9, 2017, Law360
Scopelitis Partner Prasad Sharma talks with Law360 about updates to federal rules
governing trucking.
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