News & Analysis as of

Trucking Industry Department of Transportation (DOT) Transportation Industry

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Benesch

Lions and Tigers and Bears - Oh My! New FMCSA Guidance on the Definition of Dispatch Services, Bona Fide Agents, and Brokers

Benesch on

Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...more

Benesch

InterConnect Newsletter - Spring 2020

Benesch on

Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees

The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations...more

Benesch

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Benesch

Hazardous Materials Regulations Compliance: Jail Time May Be Waiting

Benesch on

The transportation of hazardous materials (hazmat) is an subject that holds significant safety implications for carriers, shippers, intermediaries and the general public. Compliance programs and their requirements vary widely...more

Fisher Phillips

A New Year’s Gift for California Trucking Companies: Meal Period and Rest Break Laws No Longer Apply

Fisher Phillips on

It’s official: California’s infamous meal period and rest break laws no longer apply to truck drivers regulated by the U.S. Department of Transportation’s hours-of-service requirements. Following a petition from the American...more

Littler

DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

Littler on

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)....more

Benesch

New FMCSA Rule Would Permit Immediate Suspension of Broker/Freight Forwarder Authority

Benesch on

The Federal Motor Carrier Safety Administration (“FMCSA”) issued an advance notice of proposed rulemaking (“ANPRM”) on Thursday, September 27, 2018, to address broker and freight forwarder financial responsibility...more

Holland & Knight LLP

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

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In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

Ballard Spahr LLP

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

Ballard Spahr LLP on

The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Littler

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

Littler on

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more

Holland & Knight LLP

DOT to Test Safety-Sensitive Transportation Workers for Additional Opioids - Employers May Need to Update Drug Testing Policies as...

Holland & Knight LLP on

Safety-sensitive transportation workers in the aviation, trucking, rail, transit and pipeline industries, as well as certain U.S. Coast Guard employees, are required to submit to random drug testing under federal law....more

FordHarrison

Department of Transportation Adds Four New Drugs to Testing Panel

FordHarrison on

On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

Seyfarth Shaw LLP

DOT Amends Employee Drug Testing Requirements

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

Holland & Knight LLP

Will the Trump Administration Hit the Brakes on the Speed Limiter Rule?

Holland & Knight LLP on

One controversial rule proposal that many expect will not become final under the new Trump Administration is the Speed Limiter rule proposed by two agencies of the U.S. Department of Transportation (DOT), the National Highway...more

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