Trucking Industry

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Roadmap to the Next Highway Bill

Policy Committees Driving Activity - While the current surface transportation authorization, Moving Ahead for Progress in the 21st Century (MAP-21), is due to expire on September 30th, the Department of Transportation...more

Hours of Service Laws Protect the Public from Fatigued Truck and Bus Drivers

In March 2011, a Chinatown bus carrying passengers from a casino in Connecticut to Manhattan flipped on its side and slammed at high speed into a highway signpost. The post ripped the bus apart, killing 15 passengers and...more

FedEx Cannot Exclude Diabetic Applicant From Mechanic Position Based on Need to Test Drive Trucks

The Americans with Disabilities Act contains a provision allowing exclusion of disabled persons from jobs when their medical condition contradicts federal licensing requirements. In practice, this exclusion has applied most...more

Kenan Transport to Pay $27,000 to Settle EEOC Pregnancy Discrimination and Retaliation Suit

Company Forced Pregnant Employee to Take Unpaid Leave of Absence, Then Fired Her for Complaining, Federal Agency Charged - SPARTANBURG, S.C. - Kenan Transport, LLC, a Delaware trucking company that operates a terminal...more

D.C. Circuit Affirms EPA’s Utility Air Toxics Rule: An “Appropriate” Rule Need Not Be Justified By Cost-Benefit Analysis

Yesterday, the D.C. Circuit Court of Appeals affirmed EPA’s rule setting limits for emissions of mercury and other air toxics from fossil-fuel-fired electric steam generating units. The focus of the decision – and the issue...more

Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb...more

Mandatory Reporting Standards For Payments By Extractive Industry Companies

The Government of Canada recently issued a Consultation Paper regarding proposed mandatory reporting standards (the proposed standards) for payments by extractive industry companies to governments, both domestic and foreign,...more

Top Six Frequently Asked Questions About the AODA for Franchisors and Franchisees

In Ontario, the Accessibility Directorate of Ontario has been increasingly active in pursuing enforcement actions against organizations that have not complied with their requirements under the Accessibility for Ontarians with...more

Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification...more

Transportation Industry Beware: New York Quietly Enacts New Legislation Targeting Worker Misclassification

New York has enacted new legislation, which will have a significant impact on the state’s commercial transportation industry. The legislation was initially made effective on March 11, 2014, but was subsequently amended to...more

Part I: The Elephant Emerges From the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data...

In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American...more

New Mexico Law Requires Employers to Post Human Trafficking Poster

New Mexico's governor recently signed a law mandating that, no later than July 1, 2014, employers subject to the state's Minimum Wage Act conspicuously display in their facilities a poster on human trafficking. The new law...more

Does The First Amendment Allow Journalists To Lie To Their Subjects? U.S. Senator Accuses Documentary Film Makers Of Fraud

On April 1, 2014, West Virginia Senator Joe Manchin issued a press release accusing Adroit Films of fraud. Manchin had agreed to be interviewed by the media company for a documentary about the Upper Big Branch mine disaster,...more

Federal Court Enforces NLRB’s Decision To Strike Down Overbroad Confidentiality Policy

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks. In a...more

Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers under the Fair Credit Reporting Act

Do not be fooled by its title: the Fair Credit Reporting Act (“FCRA”) reaches far beyond the realm of credit reporting and governs a broad spectrum of industries. Indeed, the provisions of FCRA apply to any business entity...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

The New Massachusetts Income Sourcing Rules For Corporate Services: Massachusetts DOR Issues Working Draft of Implementing...

On July 24, 2013 the Massachusetts General Court enacted an $800 million transportation bill. This bill, inter alia, revised the Massachusetts corporate sourcing rules for the sale of services. The bill became effective as of...more

OSHA Focusing On Recidivism In Its 2014 Site-Specific Targeting

OSHA’s Site Specific Targeting (SST) program is aimed at high-hazard, non-construction workplaces and serves as OSHA’s primary plan for programmed inspections of these employers. The latest plan, SST-14, is coupled to an...more

Fifth Circuit Finds Confidentiality Provision Violates NLRA

Executive Summary: The Fifth Circuit recently found that a confidentiality agreement prohibiting disclosure of "financial" and "personnel information" was unlawful under the National Labor Relations Act (NLRA). Employers who...more

Continuous Video Surveillance Of Truck Drivers Does Not Violate California Law

California Attorney General Kamala Harris recently issued a published opinion on whether continuous video surveillance of truck drivers during their on-the-job driving constitutes a misdemeanor under California Labor Code...more

Removal to Federal Court Based on Diversity Jurisdiction: How Long Do You Have?

Complaints filed in state court routinely allege only damages “in excess of $10,000.” If you’re a defendant considering removal to federal court based on diversity, such an allegation doesn’t meet the $75,000 amount in...more

Infrastructure Alert - March 2014

On March 20, a proposed shipping alliance of three major shippers was approved by the Federal Maritime Commission. The P3 Network Vessel Sharing Agreement, consisting of Maersk Line, Mediterranean Shipping Company and CMA...more

Massachusetts, Where Only Young Rubber Hits the Road

Massachusetts is considering An Act to Increase Road Safety (H3016), which will require issuance of a rejection certificate for any vehicle equipped with a light-truck or passenger tire, including a full-service spare, more...more

The Womble Carlyle Economic Development Digest - March 2014

Womble Carlyle’s Economic Development Digest aggregates news, opportunities and legislation impacting business in the United States. ...more

House Energy & Power Subcommittee Hearing Series: “Benefits of and Challenges to Energy Access in the 21st Century”

The House Committee on Energy and Commerce, Energy & Power Subcommittee recently held the second hearing in its series “Benefits of and Challenges to Energy Access in the 21st Century.” The hearing focused on fuel supply and...more

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