We are frequently asked whether or not an individual is considered an “employee” for workers’ compensation purposes, and, in fact, were specifically asked to address this in an article. Unfortunately, the answer is generally neither simple nor short, and almost always fact specific. Though Workers’ Compensation statutes vary slightly from state to state, Virginia’s body of law is indicative. Va. Code § 65.2-101 defines “employee” expansively, including more than 20 subparts, ranging from Americorps members and certain food stamp recipients…
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Setliff Law is pleased to announce that Mike Donner has been appointed chair of the firm’s labor and employment law group. Mr. Donner has 15 years’ experience in the labor and employment law field, and since joining Setliff Law in 2016, his leadership qualities and client focused approach have created a foundation upon which others at the firm can build. With Mr. Donner heading up this practice group, clients are assured he and the other members of the group will…
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Make no mistake, when gas prices are modest, or more accurately, appear modest to the American consumer, market research shows that we favor, big, fast, luxurious cars, trucks and SUVs. Neighborly banter in Anywhere, USA, proceeds as follows: “Sweet ride. That thing have the V-8 in it?” “Heck, yeah it does. 0-60 in 4 seconds while my seat gives me a massage and the kids watch movies in the back. It has a third-row seat that we don’t even use!”…
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Despite the overtime exemption provided by the Motor Carrier Act (“MCA”), interstate trucking employers who operate “mixed fleets” – those with vehicles both over and under 10,000 pounds – may owe overtime pay to drivers of the smaller vehicles, the Fourth Circuit Court of Appeals has ruled. Schilling v. Schmidt Baking Co., 2017 U.S. App. LEXIS 23257 (4th Cir. Nov. 17, 2017). The Fourth Circuit has jurisdiction over Maryland, North Carolina, South Carolina, Virginia and West Virginia. Generally, the MCA…
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According to the American Trucking Associations (ATA), for-hire truck tonnage rose 7.9% in the first half of 2018, more than double the gain for the same period in 2017. While the booming economy has many carriers rejoicing at these statistics, it has also exacerbated issues that have affected carriers for years, forcing them into difficult decisions pertaining to hiring and business practices. The primary issue currently haunting carriers is, you guessed it, the driver shortage. However, this isn’t the same…
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A few weeks ago we updated you on the implementation of Rhode Island’s truck-only tolling program. As stated in that article, American Trucking Association (“ATA”) President and CEO Chris Spear believed the Rhode Island scheme to be unconstitutional and was willing to use whatever means necessary to fight the tolling program. The ATA has begun that fight by filing a lawsuit in federal court to end the truck-only tolling program. On July 10, 2018, the ATA, along with three regional…
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Setliff Law is pleased to announce that Pete Schurig has been appointed chair of the firm’s commercial transactions/litigation group. Mr. Schurig has 15 years experience in the commercial transactions/litigation field, and since joining Setliff Law in 2016, his leadership qualities and client focused approach have created a foundation upon which others at the firm can build. With Mr. Schurig heading up this practice group, clients are assured he and the other members of the group will continue to provide exceptional…
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J. Ward Best, vice president of Atlantic Bulk Carrier, has been elected chairman of the Virginia Trucking Association. The Virginia Trucking Association (VTA) is the largest and only statewide organization dedicated solely to advocating for trucking fleets and their allied vendors. The association represents the interests of the trucking industry before the Virginia General Assembly, Virginia’s congressional delegation as well as state and federal regulatory agencies. One of the primary missions of the VTA is to promote safe roadways for…
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Many of the companies that we work with are involved, either directly or indirectly, in trucking and transportation. Even with all due care taken, sometimes accidents happen, and when they do, these companies require towing services, just like any other motorist. If you’ve ever needed a tow for your consumer vehicle, you know that’s no fun. Imagine a fully-loaded tractor and trailer… Our firm is in Virginia and much, but not all, of our work is in that state, but…
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A Buckingham County Circuit judge ruled last month, in Spicer v. Robinson (VLW 018-8-065, case no. 16-99, 6/20/2018), that a workers’ compensation (“WC”) insurance carrier had no lien against a third-party recovery for the amount the company paid to settle Claimant’s future benefits. This is not controlling precedent, but persuasive precedent, though it still has the potential to impact workers’ compensation settlements, particularly the P&O (Petition and Order) paperwork. The workers’ compensation insurance carrier paid a total of $160,744.08 prior…
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