Everyone knows to wear a seat belt. Some cars even have sticker warnings, while other car systems flash warning signals when the car starts, but how many drivers adhere to these warnings? Who is at fault if someone doesn’t wear a seat belt and gets hurt? Is it the employer? Is it the employee? The Virginia Workers’ Compensation Act (the “Act”) is the governing statute that controls how and if a claimant can recover from a workplace related injury in…
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Along with panic buying toilet paper, hand sanitizer, and hand soap, mocking the COVID-19 or “Wuhan” Coronavirus has become something of a pastime of mine. Efforts to cash in on the bad news are not limited to investments, snake oil, and hoarding food, we’re also seeing CNN podcasts and continuing legal education seminars on the subject. Not wanting to make light of what could be a very serious situation – eventually – I found myself wondering how this might actually…
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When evaluating alleged corporate misconduct, courts regularly look to the language of a company handbook when determining whether policies and procedures conform with (or violate) state and federal law. How confident are you in the text of your policy manual? Does your company handbook go too far? For example, does your company handbook limit how drivers may spend their downtime? If so, the policy should be reconsidered to avoid prospective liability. Case in point, in January, the U.S. Court of…
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On Friday, the U.S. Department of Labor (DOL) issued additional guidance regarding the Families First Coronavirus Response Act (FFCRA). Given the rapidly developing legal issues surrounding the Act, we are providing the DOL guidance to you. See attached FFCRA Employer Paid Leave Requirements and FFCRA Employee Expanded Family and Medical Leave Rights. The DOL guidance indicates that there will be an initial non-enforcement or trial period for the first 30 days -- as long as the employer is acting reasonably…
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Federal Tax Credits for Small and Midsize Businesses to Recover Costs of Coronavirus-Related Leave On March 20, 2020, the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. https://www.irs.gov/newsroom The Act will give all American businesses with fewer than 500…
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We want to thank you for your patience during this very challenging situation. During the coronavirus (COVID-19) outbreak, our focus is on the safety and well-being of our employees, who are vitally important to support you and your business, as well as the safety and continued service of our clients. Despite the day-to-day uncertainty we all face, Setliff Law remains fully operational and firm attorneys and staff continue to work diligently to serve our clients. I wanted to personally assure…
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A “nuclear verdict” is generally and most simplistically defined as a jury award in excess of $10 million. These types of verdicts are most often associated with trucking cases and are typically a combination award of punitive and compensatory damages. It is no secret nuclear verdicts have been on the rise, coast to coast. This trend, particularly when combined with the recent soft market, has resulted in an average insurance premium renewal rate increase of approximately 20 percent or more.…
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I frequently present on topics related to OSHA/VOSH, Workers’ Compensation, employee handbooks, etc. Every single time I give one of those presentations at least one person asks about agreements and relationships with contractors or subcontractors. I answer every one of those questions by telling the questioner that, if any significant part of their goal is to avoid liability, either to the contracting person or entity or to third parties, they’re probably doing exactly what the rules and regulations are intended…
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Congratulations to Steve Setliff, managing partner of Setliff Law, for his recent recognition by the Commercial Carrier Journal as an expert in the area of advising the trucking industry in managing CSA claims. Setliff presented on “Preventing Penalties with CSA Improvements” to the Omnitracs Outlook user conference in Las Vegas on February 17, 2020. Here is an excerpt from the article: The record number of motor carrier bankruptcies last year was due, in no small part, to higher insurance premiums…
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Image from Commercial Carrier Journal, https://www.ccjdigital.com/coronavirus-to-impact-freight-volume/ Significant Freight Disruption The deadly coronavirus outbreak that began in Wuhan, China is predicted to have a significant impact on freight volume entering the United States from China. https://www.ccjdigital.com/coronavirus-to-impact-freight-volume/ Wuhan is a major industrial and transport hub in central China. According to a report from DHL’s Resilience360, Wuhan is known as China’s “motor city,” due to a large manufacturing presence of domestic and foreign car makers and global auto parts suppliers. DHL reports “severe…
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