Viewpoint: FMLA denial not required to have violated employee’s rights
The 7th Circuit Court of Appeals has ruled that simply discouraging an employee from filing a FMLA request is enough to have violated the employee’s rights.
The 7th Circuit Court of Appeals has ruled that simply discouraging an employee from filing a FMLA request is enough to have violated the employee’s rights.
Compliance with the Americans with Disabilities Act is a requirement for companies, and even honest mistakes can trigger violations.
Changes in the field of arbitration are afoot and employers who utilize arbitration clauses need to stay up to date on these changes as they will impact the ability to arbitrate employee claims.
A supervisor claimed he was fired because of his age. A court disagreed. For employers, though, it reinforces the need to properly train supervisors and employees on discrimination as a means of preventing it happening.
A recent court decision serves as notice to all employers that OSHA violations, even when wrongfully and willfully encouraged by a supervisor, can still result in liability to the employer.
California’s meal and rest break regulations are preempted by federal hours-of-service regulations, according to the courts, which means employers of short-haul drivers need not comply. (Photo: Jim Allen/FreightWaves)
The introduction of the entry-level driver training rule is a boon for truck safety and could help reduce the industry’s driver shortage and retention concerns.
The Supreme Court’s decision to halt enforcement of OSHA’s vaccine or testing mandate is a win for employers, but the final legality of the policy is still to be decided.
While diversity programs can and should be a positive vehicle for promoting diversity in the workplace, employers should take time to review diversity programs and initiatives to ensure the clear communication and implementation of their programs.
Carriers need to ramp up education efforts on Drug and Alcohol Clearinghouse testing to help drivers understand the zero-tolerance approach to safety-conscious driving positions.
Currently, whether the recently revived vaccination or test mandate survives court scrutiny is still uncertain, and the Supreme Court will likely have the final say. For now, with compliance deadlines coming shortly after the start of the new year, companies need to start making preparations.
Efforts to codify regulatory flexibility should be applauded, and the FREIGHT Act is no different.
TCA and DriverReach will hold a fourth session of the popular Making Safety Happen program for fleet professionals.
While a federal appeals court has halted enforcement of the Biden administration’s COVID vaccine mandate, companies should familiarize themselves with the requirements regardless.
Account executive trainees at a freight brokerage are seeking class action status in a lawsuit alleging they weren’t paid for overtime.
The California Supreme Court recently addressed what the proper rate for paying missed meal, rest, and recovery periods is under California state law. And for employees, it’s a financial win.
A court decision on driver hiring did not remove restrictive covenants, but it does highlight the need for trucking companies to review any covenants they have related to advances on driver training costs.
As wireless providers switch off 3G networks in favor of 5G, some ELDs may no longer work.
An appeals court has reinstated a disability lawsuit claim involving a police officer, but the decision serves as a cautionary tale for many industries, including trucking.
A trucking company mishandled an employee’s harassment complaint, leading to a termination and ultimately a large jury award against the company.
The Court of Appeals for the 8th Circuit recently ruled in favor of an employer that denied additional time off as an accommodation under ADA and FMLA rules.
Employers have been given a procedural ally in fights against EEOC charges – namely that the employee must adhere to a ADA exhaustion rules. However, employers still need to deal with and act appropriately when faced with accommodation requests under the ADA.
Speeding remains a critical safety issue for trucking, and a new bill introduced in the U.S. House would seek to limit the speeds commercial trucks could travel at on the nation’s roadways.
The word “safety” is everywhere in the trucking industry. It is talked about nearly every day in the press, Congress has zeroed in on it, and most carriers will say that it is their top priority. With all this attention, it’s easy to believe that safety has become cliché. But it’s not.
Commercial vehicle inspector Gianni Parmigiano has a simple job goal: “I want to be able to stop you, inspect you and find nothing wrong.”
Upcoming TCA workshops to explore technology considerations for independent contractors, transportation technology procurement, and data use in litigation.
International Roadcheck Week in North America is moving back to the spring this year, with May 4-6 set as the dates, according to the Commercial Vehicle Safety Alliance.
The Truckload Carriers Association (TCA) recently honored professional driver Morgan Kirkland for his skill and quick thinking in preventing a potentially deadly head-on collision.
For the fourth consecutive year, a shortage of drivers topped the Critical Issues in the Trucking Industry survey conducted by the American Transportation Research Institute.
Brian Fielkow, CEO of Houston-based Jetco Delivery and a noted safety expert, is offering an instructor-led safety program with special VIP opportunities for TCA members.
Nuclear verdicts are on the rise, and two behind-the-scenes factors playing large roles are the emotional pleas plaintiffs’ attorneys are making to juries and the growing number of hedge funds that invest in civil lawsuits.
Out-of-control insurance premiums are driving trucking operations out of business, but leading insurance experts say something can be done about them.
The 39th annual TCA Safety & Security Meeting kicks off today, but it is not too late for register for the three-day virtual event.