Does an employer have an obligation to return an employee to work following an extended unpaid leave of absence granted as a reasonable accommodation under the ADA? You might be inclined to say, “Of course.” The answer, however, is nuanced, and depends on the length of the leave, the composition of your workforce at the time the employee seeks to return to work, and your efforts to engage in the ADA’s interactive process with the employee during the leave. Engaging… Read More

You may not recall this, but as of February 20, 2020 it’s going to be much harder to become a CDL driver. Waaay back on December 8, 2016 the FMCSA set entry-level driver training (ELDT) regulations, substantially increasing the amount of practical and theory education required to obtain a commercial driver’s license. Oddly, the final version of this rule eliminated a requirement for a minimum number of hours behind the wheel. While the Trump administration repeatedly delayed the new rules… Read More

On August 1, 2019, the Federal Motor Carrier Safety Administration (FMCSA) will make permanent a newly tested program that allows motor carriers to request that crashes the carrier believes were not the fault of their drivers be reviewed by FMCSA for the purposes of making a determination of fault. Under the new program, which has been in effect for nearly two years, if the FMCSA determines that the motor carrier’s driver was not at fault, the crash will be listed… Read More

Sometimes it is good to read an article that serves as a reminder of what can happen when a company fails to do things the “right way.” In fact, many plaintiff’s lawyers attempt to paint trucking companies like “bad eggs,” even if they set out to do everything correctly. This is certainly a cautionary tale of what can go wrong when poor decisions are made. In May 2015, Lauro Lozano, Jr. drove trucks for Jorge and Silvia Marin and the… Read More

The date for compliance with the Entry-Level Driver Training (ELDT) rule is rapidly approaching. As of February 7, 2020, gone will be the days of aspiring truck drivers obtaining a learner's permit and then taking the CDL road test with little to no behind the wheel training. The new rules will require far more time and resources for drivers to be eligible to obtain a CDL. Is your entry-level driving training program ready for the new FMCSA requirements? Join us… Read More

Although it is by no means all of what we do, a lot of what we do here at Setliff Law involves (directly or indirectly) transportation and trucking. From liability defense to worker’s compensation defense to intellectual property, even when what we do isn’t directly related to a truck, it is often related to trucking. Since this newsletter is read largely by that interest group, here are a few things we’re watching that will probably have a big impact on… Read More

The FMCSA recently issued new rules that will require drivers to register with a federal database before they can change jobs in the industry. Beginning on January 6, 2020, drivers will be required to register with FMCSA’s “Commercial Driver’s License Drug and Alcohol Clearinghouse” as part of all future employment-related background checks. Drivers can begin registering voluntarily in October 2019. This Clearinghouse will be a secure federal database that will collect and catalogue real time information about CDL driver drug… Read More

It is common for claimants to request workers’ compensation benefits after being involved in motor vehicle accidents. As in all claims, the motor vehicle accident must “arise out of” the employment to be found compensable. Motor vehicle accidents that happen on public roadways may be found to arise out of the employment subject to the “actual risk test.” Mktg. Profiles, Inc. v. Hill, 17 Va. App. 431, 434-35, 437 S.E.2d 727, 729-730 (1993). Under the actual risk test, it is… Read More