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|High Court Blows the Whistle on Private Employers|
Joel Matthew Bagby, Kevin Koronka; Husch Blackwell LLP;
March 12, 2014, previously published on March 10, 2014The U.S. Supreme Court extended the whistle-blower protections provided in the Sarbanes-Oxley Act to include employees of privately held companies that are contractors or subcontractors of a public company. The high court’s ruling in Lawson v. FMR LLC, marks a significant expansion of the...
|Fourth Circuit’s Decision in Cargo Loss Case Should Be Wake-Up Call for Motor Carriers as to Limitation of Liability|
Jim Bryan; Nexsen Pruet, LLC;
March 11, 2014, previously published on February 27, 2014Motor carriers attempting to limit their liability for shipments of cargo should take note of a recent Fourth Circuit decision, ABB Inc.v. CSX Transportation, Inc., 721 F.3d 135 (4th Cir. 2013), that found in favor of a shipper because of an incomplete bill of lading. Motor carriers and shippers...
|DOT Revises the Standard Industry Fare Level for First Six Months of 2014|
Husch Blackwell LLP;
March 11, 2014, previously published on March 6, 2014The U.S. Department of Transportation recently revised the Standard Industry Fare Level (SIFL) rates that are used to value an employee's personal use of a company aircraft, as required by the Internal Revenue Code Section 61 and the Federal Tax Regulations Section 1.61-21(g). The Department...
|Excelerate FLSOs Not Subject to Coast Guard Vessel Jurisdiction|
Sutherland Asbill Brennan LLP;
March 11, 2014, previously published on March 6, 2014The U.S. Coast Guard has determined that Excelerate Liquefaction Solutions’ floating liquefaction storage and offloading units (FLSOs) proposed for the Lavaca Bay LNG terminal at the Port of Port Lavaca-Point Comfort, Texas, are not vessels subject to Coast Guard vessel certification and...
|Federal Agency Proposes Clearinghouse for Commercial Driver Drug Test Results|
Charles S. Plumb; McAfee & Taft A Professional Corporation;
March 10, 2014, previously published on February 26, 2014Employers who hire commercial drivers may not know if an applicant under consideration has a past history of positive drug or alcohol tests. Currently, the employer can only rely on information about earlier test results that is volunteered by the individual applying for the driving job. If a new...
|Distracted Driving: What's In Your Policy?|
Jennifer B. Sandberg; Fisher & Phillips LLP;
March 6, 2014, previously published on March 1, 2014Long before cell phones, drivers faced various distractions: eating, grooming, attending to children, changing the radio station, rubbernecking someone else’s accident, becoming absorbed in a conversation, or arguing. These distractions created safety hazards and, of course, still do. So just...
|Planes, Trains and Automobiles...And Factories, Refineries, And Power Plants? Court to Hear Challenge to Expansion of Greenhouse Gas Regulations|
Jason A. Flower, John M. Terry; Husch Blackwell LLP;
March 5, 2014, previously published on February 24, 2014As you’ve likely heard, the Environmental Protection Agency (EPA) has now officially taken the position that greenhouse gases like carbon dioxide are fair game for regulation and in fact are required to be regulated under the Clean Air Act. While this development may be cheered by...
|FELA Preempts State Law: FELA Worker Not Eligible for New York’s No Fault Insurance Benefits|
Christopher J. Hoare; Capehart & Scatchard, P.A.;
February 28, 2014, previously published on February 21, 2014In a recent New York State Court decision, Christin v. Metro North Commuter Railroad, et al., the court reaffirmed the FELA’s superiority over N.Y. State Insurance Law when it dismissed the lawsuit filed by a railroad worker who was injured while driving a railroad-owned truck in the course...
|New York State Passes Worker Misclassification Law for Commercial Transportation Industry|
Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 5, 2014, previously published on January 31, 2014On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction Industry Fair Play Act enacted in 2010 and the more recent partnership between...
|Whistleblower Law Protects Truck Drivers Who Report Safety Violations|
David M. Buffo, Hannah Hemry; Husch Blackwell LLP;
February 5, 2014, previously published on January 31, 2014The Surface Transportation Assistance Act (“STAA”) is a federal law that prohibits employers from discharging or discriminating against truck drivers for reporting safety violations. 29 U.S.C. § 31105. The STAA also protects an employee from termination for refusing to operate a...