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Transportation Industry Newsletter
The DOJs New Overtime Rules: What Do They Mean To Trucking? The DOL's New Overtime Rules: What Do They Mean To Trucking?
In May, after years of build-up, the United States Department of Labor published new regulations that will affect who may be paid a salary and who must be paid by the hour. The changes, which take effect December 1, 2016, dramatically change the landscape for employers.

The Bedrock Rule: The Carrier Gets Paid The Bedrock Rule: The Carrier Gets Paid
Motor carriers often have help when collecting freight charges from defaulting freight brokers, freight forwarders, shippers, and consignees, as case law often dictates the oft-cited "bedrock rule" that the "carrier gets paid." Nonetheless, complicated facts with multiple parties can often result in litigation quagmires that can still leave motor carriers holding the bag.

Carmack v. Arbitration: Carmack Wins Carmack v. Arbitration: Carmack Wins
The growing popularity of arbitration as a form of alternative dispute resolution has started to make its way into freight claims law. Recently, the National Motor Freight Traffic Association ("NMFTA") has amended the National Motor Freight Classification to provide for arbitration of freight claims. Although many carriers have opted out of this provision, arbitration continues to be raised in other settings.

Update: Obesity and the Americans With Disabilities Act Update: Obesity and the Americans With Disabilities Act
In a much anticipated ruling, the 8th Circuit Court of Appeals (encompassing Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota) recently issued an opinion addressing whether obesity constitutes a disability under the Americans with Disabilities Act of 1990 ("ADA").

DOT Drug Testing: To Test or Not to Test? DOT Drug Testing: To Test or Not to Test?
When is a driver required to report for a post-accident Department of Transportation ("DOT") alcohol and drug test? This seems like a simple enough question.

Hitting Back Against the EEOC Hitting Back Against the EEOC
Transportation companies can often feel powerless when dealing with federal agencies that overstep their bounds.

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Upcoming Webinar:

When the Accident Isn't Your Fault: Appealing Your Safety Rating and Diffusing It at Trial

Tuesday, July 12, 2016
12-1pm EDT
With the FMCSA proposing to increase use of roadside inspections and accidents to calculate safety ratings, even one out of service inspection or serious accident can cause an alert and even a lower safety rating. These, in turn, will be raised against the carrier in accident litigation. Seasoned litigators Kurt Rozelsky and Fredric Marcinak will discuss how to respond to adverse regulatory action and to be prepared to defend your company at trial.

Click here to register.
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