Labor & Employment Transportation Administrative Agency

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An Update on FAA Regulatory Revisions, DOT and FAA Enforcement Actions, and Other Aviation-Related Regulatory Matters

This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and...more

New Jones Act Enforcement Initiative

Action Item: U.S. Customs and Border Protection (“CBP”) issued a Notice to the Area Port of New Orleans Trade Community on November 12, 2014, announcing electronic online reporting of possible Jones Act violations. Owners and...more

CalPERS’ Commitment to Infrastructure (Real Assets Annual Program Review, November 2014)

On November 17, 2014, the California Public Employees’ Retirement System (CalPERS), the largest U.S. public pension fund with approximately $300 billion in assets, conducted its annual real assets program review. CalPERS’...more

An Update on DOT’s Passenger Protection Rulemaking #3, NextGen, Ebola, Drones, Enforcement Actions, Security Fees and Other...

Department of Transportation: Regulatory - Comments Filed on DOT’s Passenger Protection #3 Rulemaking: U.S. and foreign airlines, airline associations, airports, consumer groups, on-line travel agencies,...more

Airline Industry Alert: RLA System Board Rules That Cessation of Operations as an Air Carrier Resulted in Termination of the CBA

In a recent decision, an RLA System Board of Adjustment has ruled that unilateral termination of a pilot retiree health insurance plan was permissible because the underlying CBA had terminated....more

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

The Latest Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, and Other Federal Agencies

Congressional Action Impacting Aviation - Senate Commerce Committee Chairman Requests Airline Information on Ancillary Service Fees, Consumer Privacy Protection: Senator John D. Rockefeller, IV, chairman of the...more

Illinois Appellate Court: School District’s Subcontracting of Transportation Services is “Part of Bargaining Process” and an...

The Illinois Appellate Court for the Fourth District recently found that a school district did not engage in any unfair labor practices when it subcontracted student transportation services to a third-party vendor and...more

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more

The Impact of New Heavy Vehicle Regulations in the Road Transport Industry

With the Heavy Vehicle National Law (HVNL) beginning in February 2014 and the Road Safety Remuneration Tribunal's first Road Safety Remuneration Order (RSRO) commencing in early May 2014, this year promises to be challenging...more

Additional Exhaustion of Administrative Remedies Requirements for Industries Governed by Federal Transportation Laws

The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion...more

Combating Loss Of Life From Commercial Vehicle Wrecks

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

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

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

Ten Simple Suggestions for Avoiding Dealership Problems

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

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

Federal Court Finds Owner-Operators Independent Contractors Under FLSA

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

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?

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

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

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

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

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

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

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

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