News & Analysis as of

MAP-21

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

by Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

Auto Industry Faced With New OSHA Retaliation Rule

by Fisher Phillips on

On December 14, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule establishing procedures and time frames for handling automotive industry employees’ whistleblower retaliation complaints...more

Automobile Dealerships and Part Suppliers: Unintended Consequences in Whistleblower Rules?

by Ruder Ware on

OSHA enforces laws that protect whistleblowers under 22 whistleblower statutes ranging from the Asbestos Hazard Emergency Response Act to the Wendell H. Ford Aviation Investment Reform Act for the 21st Century. This article...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

by Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

FHWA Proposes Bold Transportation Performance Measures to Reduce Carbon Emissions

by K&L Gates LLP on

Perhaps only by coincidence, on April 22—“Earth Day”—the Federal Highway Administration (“FHWA”) published a Notice of Proposed Rulemaking (“NPRM”) that, for the first time, would set performance measures for greenhouse gas...more

The Auto Industry’s Safety Whistleblower Program: What You Need To Know

by Dickinson Wright on

The Motor Vehicle Safety Whistleblower Program that originally passed through the U.S. Senate last summer but stalled in the House of Representatives has finally been signed into law by President Obama as part of the Fixing...more

Big Changes With LIttle Fanfare: The FHWA Proposes to Use GHG Emissions as a Performance Measure

This week, the Federal Highway Administration issued a Noticed of Proposed Rulemaking to promulgate performance measures to be used in evaluating federal funding of transportation projects. The requirement for performance...more

Workplace Policy Institute Insider Report — April 2016

by Littler on

This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those...more

OSHA Continues to Turn Up the Volume on Whistleblowing

by Littler on

Rushing to put final rules in place before the current Administration’s term ends, on March 17, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule for implementing the whistleblower...more

Weekly Update Newsletter - March 2016 #3

by PilieroMazza PLLC on

DEPARTMENT OF LABOR - Establishing Paid Sick Leave for Federal Contractors - The Department of Labor, Wage and Hour Division, issued a proposed rule extending the comment period for filing written comments on the...more

Environmental Provisions of the FAST Act

by Nossaman LLP on

On December 4, 2015, President Obama signed into law the “Fix America’s Surface Transportation Act,” Public Law 114-94 ("FAST Act"). As finally enacted, the FAST Act exceeds 400 pages in length. This paper reviews those...more

Historic FMCSA E-Logging Rule Met With Immediate Challenge in the Seventh Circuit

by McGuireWoods LLP on

In an action immediately challenged in court, the Federal Motor Carrier Safety Administration (FMCSA) finalized a long-anticipated rule (the “ELD Rule”) to require use of electronic logging devices (ELDs) by all drivers...more

A Little Bit of Something for Everyone in New Surface Transportation Bill

by Beveridge & Diamond PC on

The “FAST Act” (Fixing America’s Surface Transportation) that will likely pass Congress this week and be signed soon thereafter by President Obama contains a veritable potpourri of funding, permitting, safety, and innovation...more

Extreme Weather and Climate Change: How DOT’s and MPO’s are Managing the Risks

by Beveridge & Diamond PC on

If you are a company that relies on roads, rail, pipeline, air, or barge to move products, people, or supplies, or a transportation planner charged with the maintenance or smooth running of the transportation system, chances...more

Bipartisan Budget Act of 2015 Includes Pension and ACA Provisions

by Franczek Radelet P.C. on

On November 2nd, the President signed legislation that will raise the debt ceiling through March 2017. The legislation includes important provisions relating to pension funding, PBGC premiums, and the Affordable Care...more

Bipartisan Budget Act Extends MAP-21 Pension Funding Relief and Increases PBGC Premiums

On Monday, November 1, 2015, President Obama signed into law the Bipartisan Budget Act of 2015 (the “BBA”) which brings familiar changes for sponsors of defined benefit pension plans. Similar to the Moving Ahead for Progress...more

New Safety NPRM and Recent Letter from the Acting Administrator Demonstrates FTA's Continued Implementation of Its MAP-21 Safety...

by Nossaman LLP on

In 2012, through passage of MAP-21, Congress required the Federal Transit Administration (“FTA”) to develop a comprehensive program for safety in public transportation. FTA’s new safety mandate is in addition to its...more

FTA Provides Notice of Expedited Public Transportation Improvement Initiative

by Nossaman LLP on

Federal Transit Administration (“FTA”) grants fund billions of transit-related projects throughout the United States. In an effort to improve the project delivery process for those projects, the FTA on September 3, 2015,...more

“DRIVE, He Said[1] ”—But When?? Congress ducks new long term transortation funding bill and adopts a three-month extension of...

by Nossaman LLP on

Hopes that that the Congress would pass S. 1647, the Developing a Reliable and Innovative Vision for the Economy Act (DRIVE Act), a six-year, $478 billion transportation funding reauthorization bill before the August recess...more

Preventing Whistleblower Claims in the Automotive Industry

by Foley & Lardner LLP on

Whistleblower and retaliation claims are some of the most costly claims brought by employees and they are on the rise. OSHA, who governs complaints for over 20 whistleblower statutes, reports a 58% increase in whistleblower...more

Federal Transit Administration Proposes New State Safety Oversight Rule

by Nossaman LLP on

On February 27, 2015, the Federal Transit Administration ("FTA") published a Notice of Proposed Rulemaking ("NPRM") in the Federal Register requesting comment on a proposed rule that the FTA believes would strengthen State...more

OSHA Publishes New Whistleblower Investigations Manual

by Seyfarth Shaw LLP on

OSHA released an updated version of its Whistleblower Investigations Manual (CPL 02-03-005) on May 21, 2015–the first update since September 2011. The manual now reflects procedures for investigating MAP-21 whistleblower...more

Transportation Equity Movement Makes Strides in the Mainstream

by Beveridge & Diamond PC on

This year marks the 50th anniversaries of the Urban Mass Transportation Act of 1964 (UMTA) and the Civil Rights Act of 1964. It is also the 20th anniversary of President Clinton’s Executive Order 12898, addressing federal...more

FHWA Publishes Core Toll Concession P3 Model Contract Guide

by Nossaman LLP on

The FHWA published its final Core Toll Concessions P3 Model Contract Guide (“Guide”) on September 10, 2014 as part of its mandate under MAP-21 to develop “standard public-private partnership transaction model contracts for...more

Monthly Benefits Update

by Franczek Radelet P.C. on

On August 8, President Obama signed legislation that extends certain “pension smoothing” provisions in the Moving Ahead for Progress in the 21st Century (MAP-21) Act that was signed in 2012. This pension funding relief will...more

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