Benesch, Friedlander, Coplan & Aronoff LLP Benesch, Friedlander, Coplan & Aronoff LLP
PeopleServices

Menu

  • People
  • Services
  • Resources
  • Locations
  • Careers
  • About
  • Contact
New Hampshire Joins Data Protection Trend, Passes Comprehensive Data Protection Law
  1. People

Richard A. Plewacki

Of Counsel
Cleveland
T.
216.363.4159
liamE

Rich was a longtime partner with the firm’s transportation practice and he now continues his relationship with the firm in a more senior role as Of Counsel.

Rich has been involved with the transportation and logistics industry, both as a businessman and an attorney, for over 45 years. He has been an active member and committee participant in several industry associations and a frequent presenter at their meetings, including the American Trucking Associations (ATA), the Truckload Carriers Association (TCA), National Tank Truck Carriers (NTTC), the Customized Logistics and Delivery Association (CLDA) and the Ohio Trucking Association (OTA).  

Rich's practice focuses on advising and representing motor carriers, leasing companies, third party logistics providers, national shippers, large private fleets and water carriers in the domestic, non-contiguous trade lanes. Rich's experience includes independent contractor/owner-operator issues; shipper/carrier matters, including international and multimodal arrangements; industry specific litigation; transportation related service agreements; freight claims; mergers and acquisitions; corporate and regulatory compliance; and licensing and permitting.

A particular area of concentration for Rich is his representation of a wide variety of companies in the following segments of the transportation industry located throughout the country in designing, improving, managing and defending the independent contractor model and various equipment sourcing arrangements between motor carriers and/or their affiliates and owner-operators in a manner customized for the company's specific operations and its managerial culture. 

  • Regional and National Package/Parcel Delivery: Step vans, cargo vans and linehaul
  • Regional and National Retail Home Delivery: Cargo vans, straight trucks (bobtails) and linehaul
  • Pharmaceutical Distribution: Wholesale pharmacy to physicians and/or assissted living facilities
  • Regional and Same-Day Courier
  • Truckload
    • Dry Van
    • Temperature Controlled
    • Flatbed
    • Specialized and Rigging
    • Bulk and Tank
    • Drayage
  • "Lite" LTL and Pooling 

As part of his storied involvement in the industry segments listed above Rich is experienced in successfully defending the independent contractor model when it has come under attack from any number of directions including the following:

  • At the National Labor Relations Board against attempts by Teamsters to challenge the motor carrier's classification of owner-operators as independent contractors.
  • In actions brought by the IRS, state agencies (workers compensation and unemployment compensation) both at the administrative level and in litigation.
  • In civil class actions under state labor laws alleging improper worker classification and asserting claims for violations of such laws, such as minimum wage, meal and rest breaks, overtime, etc. 
  • In civil class actions under the Federal Leasing Regulations alleging non-compliance with the disclosure requirements related to such subjects as compensation and chargebacks and administrative matters related to escrow funds.

 

  • Litigation
  • Transportation & Logistics
  • Maritime Transportation
  • University of Akron School of Law, 1980, J.D.
  • Bowling Green State University, 1970, B.A.
  • Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • Served for over a decade as National Transportation Counsel for The Kroger Co. and its affiliated companies
  • Listed, The Best Lawyers in America®, Transportation Law, 2007-2025
    • 2017 Cleveland Transportation Lawyer of the Year 
  • AV® Rated, Martindale-Hubbell Peer Review
  • Listed, Ohio Super Lawyers 2017-2020
  • Member, American Bar Association
  • Member, Ohio State Bar Association
  • Member, American Trucking Associations ("ATA")
    • Member, Independent Contractor Policy Committee
      • Member, Working Group on Member Education and Best Practices
      • Member, State Model Language Working Group
    • Member, Labor & Regulatory Policy Committee
  • Member, Truckload Carriers Association ("TCA")
    • Member, Board of Directors
    • Member, Carrier/Shipper Relations Committee
    • Member, Independent Contractor Practices & Policy Committee
    • Member, Highway Policy Committee
  • Member, National Tank Truck Carriers, Inc.
  • Member, Ohio Trucking Association
  • Member, Transportation Lawyers Association 
     

Highlights

Rich Plewacki LOTY 2017
Martindale AV Rating

Rich Plewacki LOTY 2017
Martindale AV Rating

Rich Plewacki LOTY 2017
Martindale AV Rating
Articles and Presentations
March 18, 2024
Ejected! California District Court Dismisses Trucking Industry’s New AB5 Challenge
May 3, 2021
InterConnect FLASH! No. 82 - Disappointing Decree: Ninth Circuit Rules California’s AB5 Is Enforceable Against Motor Carriers
January 19, 2021
InterConnect FLASH! No. 81 - California Supreme Court Affirms that the Dynamex “ABC Test” for Independent Contractor Classification Applies Retroactively

View all

News
August 15, 2024
132 Benesch Attorneys Recognized in 2025 Best Lawyers® Rankings
August 17, 2023
Best Lawyers in America® Rankings 2024
August 18, 2022
U.S. News & World Report - Best Lawyers Rankings 2023

View all

  • 2025 Benesch
  • Disclaimers
  • Privacy Policy
  • Related Sites
  • GDPR Statement
  • Terms
  • Client Payment Portal
  • Careers
Twitter
Facebook
LinkedIn