Administrative Law, Transportation Law, Labor & Employment Law

Legislative Update Report No. 2012-23 -- Dec 15, 2012

by Osler, Hoskin & Harcourt LLP on 12/15/2012

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

Combating Loss Of Life From Commercial Vehicle Wrecks

by Johnston, Moore & Thompson, Huntsville... on 12/10/2012

Recently we blogged about the tightening of controls around medical exams for commercial vehicle drivers across the country set to being in May 2014. In accordance with this same aim to increase the safety of lives on the...more

New York Publishes MTA Payroll Tax Protective Refund Claim Procedures

by Morgan Lewis on 10/18/2012

Refund claims for employers should be filed on or before November 2, 2012. On October 17, the New York State Department of Taxation and Finance (Department) published guidance regarding the procedures for taxpayers to...more

Potential Refund Claims: New York MTA Payroll Tax Held Unconstitutional

by Morgan Lewis on 10/3/2012

Taxpayers should act now to protect refund claims based on the New York Supreme Court's recent determination that the MTA Payroll Tax is unconstitutional. On August 22, the New York State Supreme Court held that the New...more

Accessibility Legislation in Canada -- Additional Requirements Under the AODA and Proposed Accessibility Legislation in Manitoba

by Osler, Hoskin & Harcourt LLP on 10/2/2012

We have been following the Accessibility for Ontarians with Disabilities Act, 2005 (the AODA) and watching for related developments in other provinces. The filing deadline of December 31, 2012, for the Accessibility...more

Ten Simple Suggestions for Avoiding Dealership Problems

by McNees Wallace & Nurick LLC on 9/19/2012

As we move towards the end of 2012, most dealers continue to experience increased sales and improved profitability. Unfortunately, good times often engender complacency. When times are tough, dealers scrutinize operations,...more

California Court Validates Piece-Rate Pay for Drivers

by Littler on 9/12/2012

In a significant victory for trucking companies operating in California, in Carson v. Knight Transportation, No. VCU234186, Tulare County Superior Court Judge Lloyd Hicks decertified a class of California truck drivers who...more

New Law Requires the TSA to Comply with the Mandates of USERRA

by XpertHR - Partnered with LexisNexis on 8/23/2012

On August 16, 2012, President Obama signed into law H.R. 3670, which amends the Aviation and Transportation Security Act and expands the Uniformed Servicemembers Employment and Reemployment Rights Act (USERRA) coverage to...more

Federal Court Finds Owner-Operators Independent Contractors Under FLSA

by FordHarrison on 7/3/2012

Executive Summary: A federal trial court in New Jersey has dismissed a lawsuit brought under the federal Fair Labor Standards Act (FLSA) by a group of drivers against a trucking company, holding that the drivers are not...more

Maine Driver Overtime Exemption Becomes More Closely Aligned with Federal Law

by Pierce Atwood LLP on 6/11/2012

The federal Fair Labor Standards Act (“FLSA”) provides an exemption from its overtime requirements for employees covered by the Motor Carrier Act. In essence, truck drivers of certain vehicles and support personnel involved...more

Labor Letter - June 2012: Are You Enforcing Your Cell Phone Policy?

by Fisher & Phillips LLP on 6/8/2012

Recently, the National Transportation Safety Board (NTSB) proposed a ban on all cell phone calls and texting while driving. The first ever proposed nationwide ban on driver use of mobile devices while driving certainly has a...more

McAfee & Taft RegLINC - May 2012

by McAfee & Taft on 5/3/2012

In This Issue: - 2 GAO issues report on safety of federally unregulated gathering pipelines - 3 Advisory bulletin issued to natural gas cast iron distribution pipelines - 3 PHMSA’S FY 2013 budget focuses on hiring...more

Medical Certification – New Requirements

by McNees Wallace & Nurick LLC on 2/24/2012

A Federal Rule effective January 30, 2009, required states to implement procedures by which interstate CDL drivers would provide proof of their medical certification to state departments of motor vehicles who would, in...more

Transportation Companies Must Plan for and Implement Changes for 2013 to Comply with New Hours of Service Rules

by Littler on 2/6/2012

The Federal Motor Carrier Safety Administration (FMCSA) recently published a final rule establishing new Hours of Service (HOS) regulations for commercial motor vehicles (CMV). The 2011 final rule—which was preceded...more

Patton Boggs Insights - January 2012 - Enforcement: OSHA Whistleblower Cases

by Patton Boggs LLP on 2/5/2012

OSHA has penalized a railroad and a trucking firm for allegedly retaliating against employees over safety issues, and has sued four other firms under the whistleblower statutes the agency enforces. Union Pacific...more

Quick Hits: Ban On Cell Phones; NLRB & Social Media; Nursing Mothers; Retaliation, LinkedIn

by Pullman & Comley, LLC on 1/20/2012

As another week passes by (seriously, where did January go already?), here are a few odds and ends that are worth a mention: • Earlier this month, new rules regarding limits on the use of mobile phones went into effet by...more

Legal Alert: New Rule Restricting Cell Phone Use by CMV Drivers

by FordHarrison on 1/5/2012

On January 3, 2012, the Federal Motor Carrier Safety Administration's (FMCSA) final rule will go into effect specifically prohibiting Commercial Motor Vehicle (CMV) drivers from using hand-held cell phones while operating...more

Feds Hang Up On Commercial Drivers

by Sands Anderson PC on 12/20/2011

In a continued effort to reduce accidents from distracted driving, the federal government has banned as of January 3, 2012, all commercial motor vehicle drivers from using hand-held mobile phones while driving. The new...more

DOT Restricts Mobile Phone Use Effective January 2012

by Fisher & Phillips LLP on 12/19/2011

A new rule restricts the use of hand-held mobile telephones and devices by drivers of commercial motor vehicles (CMV). This rule, which goes into effect on January 3, 2012, was adopted by the Federal Motor Carrier Safety...more

Legal Alert: In Surprising Decision Court Finds That The California Trucking Industry Does Not Have To Comply With California's...

by FordHarrison on 11/3/2011

A federal judge in the Southern District of California handed down a significant legal victory to the trucking industry by ruling that California's meal and rest break laws are preempted by federal law. See Dilts v. Penske...more

Airline Management Newsletter - March 2011

by FordHarrison on 3/30/2011

In this issue: Trial Court Must Modify Injunction to Condition Relief on Union's Request to NMB for Determination of Representative of Frontier Mechanics; Second Circuit Rejects Former Flight Attendant's RLA Discharge Claim;...more

H-1B Season is Upon Us . . . Will This Year’s Economy Bring a Lottery?

by NPZ Law Group, P.C. (f/k/a Nachman &... on 3/28/2011

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will hear (and see) the U.S. business...more

Cutting Off Your Nose To Spite Your Face? How Ending Collective Bargaining in Wisconsin and Beyond Could Damage Federal Transit...

by Reed Smith on 3/3/2011

Dramatic events unfold at state legislative levels, as governors and legislators debate how best to achieve a level of budget balance. Competing demands, often based on political outlooks, drive legislative agendas. Stark...more

Transportation, Distribution & Logistics Alert: Reducing Accident Liability Has a Lot to Do with Your Policies By Schaun D. Henry

by McNees Wallace & Nurick LLC on 10/1/2010

Despite all of your safety efforts, the sheer number of miles logged by your drivers means that they are likely to have an accident at some point. The savvy employer will want to have an eye on reducing the likelihood of...more

Airline Managment Newsletter - July 2010

by FordHarrison on 7/6/2010

In this Issue: *Judge Upholds NMB Final Rule Regarding Representation Elections *Supreme Court Finds "On Property" Conferencing is not a Prerequisite to NRAB Jurisdiction *NACA Letter to the President Responds to ALPA...more

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Administrative Law › Transportation Law › Labor & Employment Law