In May 2016, the United States Department of Labor published the long-awaited revision to regulations that will change the threshold for when an employer must pay an employee for overtime. The effective date of the new regulations is December 1, 2016, causing dramatic changes for employers. Within the first year of implementation, the update will automatically entitle over 4 million workers to overtime protections, unless employers update the positions to comply with the changes. The impending change will require employers to undertake workforce analysis and planning, including budget forecasting, to determine the best and most cost-efficient way to adapt to the changes to come.
We provide important legal developments, summaries and analyses impacting those involved in the trucking industry and the defense of trucking-related claims and lawsuits.
Do you transport liquids such as food syrups, milk, creams or other liquid food products? If so, you may need a Tank Vehicle endorsement on your CDL. During the summer of 2014, the definition of “tank vehicle” was revised to expand the number and type of vehicles hauling tanks for which drivers are required to carry a Tank Vehicle endorsement on their CDL. The new definition of “Tank Vehicle” reads in pertinent part “Tank Vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis…” 49 C.F.R. §383.5
On behalf of its member trucking companies, the American Trucking Associations (ATA), in partnership with the U.S. Chamber of Commerce, committed the trucking industry to the mission of hiring 100,000 U.S. military veterans over the next two years. According to a recent article in the Journal of Commerce, the trucking industry is currently short 30,000 to 35,000 drivers, a number that is currently rising as the economy continues to improve.
On November 7, 2014, after a five day jury trial in Jefferson County, Alabama, a jury delivered a verdict of $525,000 to two men injured in a distracted truck driving accident. Plaintiffs argued that phone records showed the defendant driver had used his phone frequently that day, and contended that he was using the phone at the time of the incident. The jury was shown evidence that the plaintiffs had the right of way when the defendant driver plowed through the intersection. One of the plaintiffs suffered fractured ribs and facial bones, and also developed a brain bleed. The other plaintiff required surgery to remove a ruptured spleen.
In 1985, the Federal Motor Carrier Safety Administration set a $750,000 minimum insurance requirement for motor vehicle carriers. Earlier in 2014, there was discussion that a new rule would be promulgated raising the limit above $1 million to reflect inflationary rates. The new limit was expected to be released this Fall, but has been delayed due to a change in leadership of the FMCSA. The FMCSA has indicated that all major rule changes are being delayed pending the turnover in the administration and subsequent review of various proposed rule changes, including the minimum insurance requirement. Stay tuned for the updated rule change, which will likely take effect sometime in 2015.