Colorado's scenic highways and bustling urban centers are home to a constant flow of commercial truck traffic. With this heavy presence of large vehicles comes the need for robust laws and regulations to ensure safety for all...more
Big changes are in store for commercial driver’s license (CDL) holders who test positive for drugs or alcohol. In October 2021, FMCSA issued a final rule aimed to improve highway safety. Under the rule, CDL holders with drug...more
Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for...more
A recent opinion by an Ohio Federal Court rejects an argument frequently made by the plaintiffs’ bar in truck accident cases –that commercial truck drivers should be held to a higher standard of care because they are...more
Colorado has followed the sweeping changes to its minimum wage, overtime, and other wage and hour rules implemented under Colorado Overtime and Minimum Pay Standards (COMPS) Order #36 with more changes, including a revamped...more
Under Pennsylvania’s Medical Marijuana Act (“MMA”), 35 Pa. C.S.A. §10231.101, et seq., individuals with certain serious medical conditions can apply for a medical marijuana card from the Pennsylvania Department of Health....more
The New Jersey Appellate Division in Dickson v. Community Bus Lines, Inc. d/b/a Coach USA, A-3857-17T3 (App. Div. Apr. 4, 2019) recently considered a discrimination claim by an overweight bus driver who was placed on...more
It is common knowledge that a shortage of qualified drivers is a chronic problem in the trucking industry. For instance, the American Trucking Associations (ATA) has estimated that there are 48,000 open jobs in the...more
Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more
On December 2, 2016, the Federal Motor Carrier Safety Administration (“FMCSA”) released a final rule creating the Commercial Driver’s License Drug and Alcohol Clearinghouse (the “Clearinghouse”). The rule is designed to...more
Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more
The Surface Transportation Act currently provides commercial drivers with recourse if they are retaliated against for refusing to violate federal motor carrier safety rules. Earlier this month, the Department of...more
On November 20, 2013, Fred Tilton, the Federal Aviation Administration's (FAA) Federal Air Surgeon, announced a New Obstructive Sleep Apnea Policy1 (Policy) the FAA will be "releasing shortly." Under the Policy, aviation...more
In This Issue: Pennsylvania’s Appellate Court Concludes Lifetime CDL Disqualification Was Proper and NLRB's New Ruling Could Spell Trouble in Harassment Investigations Excerpt from Pennsylvania’s Appellate...more
As the number of smartphones sold in the United States and worldwide overtakes sales of so-called ordinary cells phones, more Americans are using these devices while driving....more