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The Safety Steps Designed For Trucking Companies And Their Effect On Risk

 

The Federal Motor Carrier Safety Administration was created in 2000 to reduce the number of crashes involving large trucks and tractor trailers.  The FMCSA tackles this approach in a number of different ways.  Some of those ways involve issuing regulations and enforcing those regulations with civil penalties.  But the FMCSA also a mandate to issue educational trainings to carriers and truck drives aimed at improving road safety.

Avoiding Expensive Wage And Hour Litigation As Overtime Rates Are Solidified

 

The Fair Labor Standards Act sets national standards for wage and hour issues related to employees. The law empowers the Department of Labor to set eligibility standards for overtime pay as well as a series of exemptions for it. Employees who qualify for overtime under the law receive time-and-a-half pay for hours worked more than forty hours a week. Time-and-a-half pay is a 50% increase to the employee’s “regular rate of pay.”

After Studying A Year Of ELD Information, What Should Businesses Expect Next?

 

 Trucking regulators at the U.S. Department of Transportation have searched for better ways to enforce to hours of service requirements for quite some time. When electronic logging devices first became widespread, many people at the National Transportation Safety Board viewed them as great ways to reduce accidents and save lives through improved enforcement of existing regulations. Now, a new study was released that throws that logic into question.

Why CA 99 48 And MCS-90 Are The Dynamic Duo Trucking Companies Need

Pollution liability can be a major problem for trucking companies. Typical business automobile liability insurance policies exclude coverage for losses caused by the release of pollutants. These policies define pollutants broadly as any irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. At some point, most trucking companies will transport something that qualifies as a pollutant just given the broadness of the definition. Therefore, the pollution exclusion in the traditional policy can create a major gap between a company’s risk exposures and their insurance coverage.

FDA Starts Looking At Entire Supply Chain After Latest Romaine Lettuce Recall

In October 2018, the Center for Disease Control and the Food and Drug Administration announced an outbreak of E. coli traced to the consumption of romaine lettuce. The outbreak continued through December. In total, the Center for Disease Control has traced fifty two cases to the produce across fifteen states, leading to nineteen people being hospitalized.

Financial Liability For Trucking Companies Without Adequate Environmental Liability Coverage

Pollution liability for trucking companies can get very complicated. Determining what you may be covered for and what you may not be can cause major headaches while costing your company money. Trucking companies have significant exposures in this area, and the language of the standard commercial automobile liability policy and federal law do not help.

Issues Continue For Businesses With Risk Retention Group Coverage When Working In Multiple States

In 1986, responding to a host of industries that struggled to find acceptable coverage in the traditional insurance marketplace, Congress passed the Liability Risk Retention Act.  The Act authorized the creation of risk retention groups – liability insurance companies owned by its members.  Entities in an industry suffering through a liability crisis can form a risk retention group to provide them with the coverage they need when the wider insurance market is unwilling to. 

State And Federal Laws Have Differing Views On  Employer Standards And Rules

Developments over the last few years in federal labor law have generated a lot of discussion and analysis. Regulations and decisions affecting joint employer liability and the definition of employees at the federal level obviously draw the attention of employers. Its easy to overlook though that each state is often free to establish their own standards and tests for determining these questions; those standards may sometimes conflict with federal law.

Port Trucking Providers To Share Responsibility For Labor Violations With Retail Companies

Labor issues have been causing headaches in the trucking industry for a long time.  The industry seems perpetually short of qualified drivers.  Ensuring drivers stay compliant with applicable rules on driving times and record-keeping presents a different set of challenges.  On top of that, some companies have caused problems by violating labor laws, refusing to pay labor judgments, and thus undercutting their competition.

Businesses Should Be Realistic With Non-Compete Clauses

 

Employment contracts can represent a large area of potential risk for modern businesses.  Many companies are used to thinking of their employment practices as an area where lack of diligence can lead to massive lawsuits.  Most realize that solid employment contracts  can protect them from potential lawsuits by laying out clear expectations for the employer-employee relationship and through agreements to engage in methods of alternative dispute resolution.  Still, the contracts, whether as a separate document or through the use of an employee handbook that serves as a binding contract, can lead to several potential landmines for the unwary.