Virginia Truck Fleet Safety Awards

The Virginia Trucking Association presented its 2019 Safety Awards on April 3rd during its Annual VTA Safety and Human Resources Conference, held at the UVA Inn at Darden in Charlottesville, VA. The safety awards are generously sponsored by Nansemond Insurance Agency of Suffolk, VA. J.D. Newman, Inc. of Elkwood, VA was presented the 2019 Grand Trophy for Fleet Safety in Virginia. This award is presented to the company that was judged to have had the state's most effective motor carrier… Read More
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Deadline Approaching for Fleets Using Automatic On-Board Recording Devices

By December 16, 2019, motor carriers who were granted a 2-year extension on the electronic logging devices (ELDs) mandate because they were using an Automatic On-Board Recording Devices (AOBRD) will be required to transition their AOBRDs to ELDs. With the deadline quickly approaching, it is important for carriers to assess their current situations to determine the plans that must be in place in order to ensure the smoothest possible transition. First and foremost, carriers must determine whether their fleet is… Read More
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Congratulations to Jason Mackey, Setliff Law's newest Partner, and to Dov Szego, named Senior Associate.  

Jason Mackey has been with Setliff Law for 6 years and in that time has consistently demonstrated an ability substantially “beyond his years,” according to firm owner Steve Setliff. "His work on a day to day basis is outstanding, our clients love him and he works as hard as any lawyer I have seen in my 32 years of practice. Moreover, he is well on his way to becoming an outstanding trial lawyer." Mr. Mackey’s practice areas include personal injury… Read More
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Legislation Reintroduced to Permit Teen Truckers

On February 26, 2019, Senators Todd Young (R-IN) and Jon Tester (D-MT) reintroduced the DRIVE-Safe Act in both houses of the United States Congress. A nearly identical version of the Act was introduced as recently as August 2018, but it stalled out before ever becoming law. Generally, the DRIVE-Safe Act will change federal law that prohibits individuals from 18 to 21 years old from operating commercial motor vehicles across state lines. One main goal would be to increase the pool… Read More
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Contracts: when the writing is not on the wall

In recent months we have seen a lot of situations where clients have dug themselves a hole by signing a contract. In some cases the client didn’t read the contract. In others the contract didn’t reflect the agreement. In others, the contract was just a bad deal for them. In all of them, we didn’t see the contract until there was a problem. That is less than ideal. Regardless, two common sayings apply: “Don’t be a penny wise and a… Read More
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When life gives you lemons…

For many, the thought of buying a new car evokes a compulsory flood of emotion. Those emotions likely differ for each reader, but for most, they will include a healthy mix of excitement, pride, fear and anxiety. Since we here at Setliff Law prefer to focus on the positive, we assume that when you close your eyes and imagine yourself sitting in your choice of new car or truck (without consideration of financial constraint, of course) your sensory perception is… Read More
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Ride-share drivers to receive minimum wage in NYC

Thanks to a new set of rules recently passed in New York City, drivers for ride-hailing applications like Uber and Lyft are about to be guaranteed a minimum hourly wage. The new rule, passed by the New York City Taxi and Limousine Commission, mandates a wage floor of $17.22 per hour after expenses—or $26.51 per hour before expenses—a move that is estimated to raise the average rate of pay by approximately $9,600 per year for the over 77,000 ride-sharing drivers… Read More
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Employment law considerations: Are interns entitled to minimum wages and overtime?

Internships are a rite of passage for many who want to gain experience and make valuable connections. If interns are paid, the internship typically functions like an entry-level position with an expiration date. However, it can get a trickier for companies that hire unpaid interns, since different rules apply. In the past, the Department of Labor (“DOL”) made it almost impossible for “for profit” employers to establish unpaid internship programs that did not violate the Fair Labor Standards Act (“FLSA”).… Read More
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Federal Judge rules on driver pay for “hours worked”

In January, Timothy L. Brooks, a federal judge in the Western District of Arkansas, doubled down on his October 19th Memorandum Opinion in the case of Browne v. P.A.M. Transport, Inc., in which he stated that the Defendant, P.A.M Transport, Inc., was required to ensure all of its drivers were paid at least minimum wage under the Fair Labor Standards Act (“FLSA”). The Memorandum Opinion can be found here: https://cases.justia.com/federal/district-courts/arkansas/arwdce/5:2016cv05366/50562/82/0.pdf?ts=1540016189. In affirming his October opinion, which focuses primarily on over-the-road… Read More
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U.S. Supreme Court Rules in Favor of Truck Drivers on Arbitration Issue

In a previous article, we updated you on New Prime, Inc. v. Oliveira, a case that was argued before the United States Supreme Court on October 3, 2018. Generally, this case concerned how the Federal Arbitration Act (“FAA”) applies to independent contractor agreements in the transportation industry. On Tuesday, January 15, 2019, the Supreme Court issued its opinion – a unanimous decision in favor of the transportation worker. To some, this decision comes as a bit of a surprise as… Read More
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