🏛️ TQL Verdict's Impact on Brokers

Question of the Day: The next World Cup will be jointly held by the US, Mexico, and Canada. Which cargo rail line directly connects all cities outside the US and half of all host cities in total? Scroll to the bottom to find out.

🏛️ TQL Verdict's Impact on Brokers
Ken Oaks, the CEO of TQL, was personally held responsible in an Ohio state court.

Good Friday morning. Today's feature unpacks the TQL overtime verdict and what it means for the broader brokerage world. We're also taking a look at Costco's surging sales, while Walmart claims weight loss drugs have certain customers buying less food in its stores. As the UN flags global growth concerns, we also spotlight positive forecasts for the holiday e-commerce season.

🤔 Question of the Day: The next World Cup will be jointly held by the US, Mexico, and Canada. Which cargo rail line directly connects all cities outside the US and half of all host cities in total? Scroll to the bottom to find out.


Today's Newsletter is Brought to You by AscendTMS (TheFreeTMS.com)

In today's email:

  • Three Freight Headlines: Costco sales rise, NY-NJ port sees cargo volume drop, & Walmart blames weight-loss drugs for weaker grocery sales.
  • TQL Overtime Ruling May Reshape Brokerage Operations
  • Around the Freight Web: Target stock loses $30 billion in value due to theft surge, freight rebound unlikely till 2025, plus more.

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🐔 WHAT’S COOKIN’ IN FREIGHT

Source: The Realistic Investor/Seeking Alpha

📈 Costco's September Sales Soar. Costco, the wholesale club giant, reported impressive sales gains in September 2023. With net sales up 6% compared to the previous year, totaling $22.75 billion, the company showcased strong performance. Comparable store sales rose by 4.5% company-wide, with significant increases in the U.S. (+3.2%), Canada (+6.7%), and Other International markets (+10%). E-commerce sales also surged by 3.7%. Even when excluding gas price and foreign exchange impacts, the results remained positive. Costco continues to thrive, with 861 warehouses worldwide and a growing online presence across several countries.

🌍 NY-NJ Port Cargo Decrease Highlights 2023 Economic Shifts. The Port of New York and New Jersey reported a 21% YoY decrease in cargo volumes in August 2023, a significant downturn attributed to U.S. retailers leveraging their overstocked inventory in anticipation of the holiday season. Specifically, cargo volumes in August were down 8.6% from July 2023 and declined 3% compared to August 2019. However, there was a silver lining with a 2.7% volume increase handled year-to-date by the end of August 2023, relative to the same period in 2019. On a broader scale, the global economy has been struggling, with growth rates dropping from 3% in 2022 to 2.4% in 2023, as per UNCTAD's report, reflecting deeper economic challenges.

💊 Walmart Observes Sales Shift Due to Weight Loss Drugs. Walmart U.S. CEO John Furner commented on a perceived shift in food buying patterns among consumers using weight loss drugs like Ozempic, observing a slight reduction in the overall food basket and calorie intake. As these appetite-curbing drugs gain traction, projections suggest that 7% of the U.S. population might use them by 2035. However, a counterpoint by @DisruptorStocks suggests that these GLP-1 drugs are being wrongfully blamed. They highlight that year-over-year volume changes in various food categories are down across the board, not solely due to appetite suppression in a segment of the population.


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TQL Ordered to Pay Overtime to Thousands of Former Employees

Image Source: Total Quality Logistics

Total Quality Logistics (TQL), the U.S.'s second-biggest freight broker, received a decision in a case that was filed over a decade ago. A judge ruled that they owe overtime pay to thousands of former workers who clocked in over 40 hours weekly. Here's a breakdown of the decision and what it means for other brokers.

The Lawsuit

  • Over 4,500 logistics account executive trainees (LAETs) and logistics account executives (LAEs) involved in the lawsuit.
  • They worked at TQL in Ohio from 2008 to mid-2016.
  • Former employees described the system as follows: Trainees initially work on sales calls earning between $36,000 and $38,000 before transitioning to a commission-based payment scheme, with approximately 5% reportedly continuing under this arrangement.
  • Additionally, several reported working upwards of 60 hours weekly with expectations of continuous availability.

Judge's Ruling

  • Judge Michael Barrett ruled that TQL did not comply with certain federal laws.
  • TQL is ordered to pay overtime wages and additional actual damages.
  • CEO Ken Oaks held personally liable.

TIA Involvement

Oak classified LAETs and junior LAEs as salaried employees, reportedly based on guidance from the Transportation Intermediaries Association (TIA). TIA represents freight brokers in the U.S. The impact on other freight brokerage members is a concern.

Potential Impact

A court decision like this could have significant implications for other freight brokers in the industry.

  • Precedent Setting: This ruling may serve as a precedent for similar cases, suggesting that other freight brokers who classify their employees similarly could face legal challenges and potential liabilities.
  • Financial Impacts: If other companies are found to owe back pay for overtime like TQL, it could have a hefty financial toll, potentially affecting their profitability and operations. For reference, TQL's reported revenue was $8.8 billion in 2022.
  • Operational Changes: To prevent legal issues, companies might have to modify their business models, potentially impacting their services, pricing, and competitive stance.

Commentary on the Outcome

Matthew Leffler (@ArmchariAtty) tweeted some interesting speculations on the numbers regarding the verdict:

Craig Fuller (@FreightAlley) replied to Matthew's tweet, with:

Source: FreightWaves


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AROUND THE FREIGHT WEB

Source: The Kobeissi Letter

📉 Target's $30B Slide Amid Theft Surge. Following a series of significant theft incidents and subsequent store closures in cities like New York and San Francisco, Target's $TGT stock value has plummeted, wiping out $30 billion in market value over six months.

💩 Freight Rebound Unlikely Until 2025. Despite some positive short-term indicators related to consumer spending, the freight markets continue to grapple with challenges such as saturated retail inventories, increasing interest rates, and elevated costs.

🚂 New Rail Route. Union Pacific pioneers a new intermodal service linking Mexico & the US Southeast, addressing surging demand in the automotive sector.

📉 Stock Market Dip. Notable stocks, including Coca-Cola, Pepsi, and General Motors, hit new 52-week lows yesterday.

🎁 Record Online Holiday Sales? Retailers prep for record online discounts this holiday season, with sales forecasted to see a 5% boost from last year to $222 billion.

🔍 Espionage Fears at Alibaba's Liège Logistics Hub. Belgian intelligence is investigating potential espionage activities by Chinese entities at Alibaba's logistics hub in Liège, amid concerns over software accessing merchant data.


ANSWER TO QUESTION OF THE DAY

The CPKC rail line.

The CPKC (Canadian Pacific Kansas City) rail line connects all 5 host cities outside the US (Toronto, Vancouver, Guadalajara, Mexico City, Monterrey) as well as 3 cities within the US (Dallas, Houston, and Kansas City). The newly merged CPKC line is the only railroad that runs transcontinental from the Atlantic to the Pacific in Canada, as well as Transnationally from Mexico north through the US to Canada.

Interested in learning more about rail? Please consider attending a free in-person or virtual presentation on the campus of Loyola University Chicago on Wednesday, 10/11. Advanced registration is required. Guaranteed not boring or the beer is free.


Also, check out:

  • 554 Carriers Flagged for Double Brokering: CarrierSource has released a list of 554 carriers that were flagged for double brokering. Check out the list for free here.
  • 🎧 The FreightCaviar Podcast. Listen to this week's podcast on Spotify & Apple Podcasts.
  • ☕️ FreightCaviar Fall Essentials: purchase a FreightCaviar sticker, hoodie, long-sleeve, or mug by clicking here. Use code FC10 to receive a 10% discount.
  • 🤝 Master the essentials of freight brokering with Freight360's comprehensive online course, tailored for both aspiring brokers and current agents looking to enhance sales and operations. Receive $150 off your course with our code FREIGHTCAVIAR. Click here to learn more.

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