In our Winter Trucking Newsletter sent in December, we published an article entitled “ELDs & Personal Conveyance: Further FMCSA Guidance is Coming.” The guidance is now here! FMCSA Releases Proposed Guidance on Personal Conveyance FMCSA recently released proposed guidance to replace the current interpretation listed in Question 26 under section 49 C.F.R. 395.8. Regarding when a driver may operate a commercial motor vehicle (CMV), the proposed guidance states “[a] driver may record time operating a CMV for personal conveyance (i.e.,…
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In the field of trucking and freight many issues are raised by brokerage, and especially sub-brokerage, of freight. For the uninitiated, a “broker of freight” or “freight brokerage” is an entity that serves as a middleman between one entity that has freight to ship, and another entity that engages in the act of shipping freight. Freight brokerage can, in some circumstances, be sub-brokered - that is, an entity that has contracted to carry freight may further contract with yet another…
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A number of recent changes have occurred and continue to occur with the Virginia Workers’ Compensation Commission (“VWC”). There has been a recent push to expand Alternative Dispute Resolution (“ADR”) and in August the Commission relocated and expanded the Virginia Beach Regional office at 281 Independence Boulevard, Suite 310, Virginia Beach, Virginia. In November the VWC began moving the main, or Richmond, office from the outskirts of the City of Richmond to the downtown area, at 333 East Franklin Street,…
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While companies should always be prepared for an unannounced inspection from OSHA, appropriately dealing with citations, once issued, can be time consuming and expensive if not promptly and suitably addressed. If handled incorrectly, a relatively minor OSHA citation could jeopardize the future of a company due to the potentially excessive fines and penalties. An OSHA inspection can be either unannounced or in connection with a reportable injury. These visits can either be a wall-to-wall inspections of a company’s entire facility…
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On November 9, 2017, the Environmental Protection Agency (“EPA”) issued a proposed rule to repeal the Obama administration’s Medium- and Heavy-Duty Truck Phase 2 Greenhouse Gas Emission and Fuel Efficiency Standards for glider vehicles, glider engines, and glider kits. The GHG Phase 2 rule was slated to go into effect on January 1, 2018. The Trump administration’s EPA states that it lacks the authority under the Clean Air Act to regulate glider vehicles, glider engines, and glider kits. The Obama…
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(November 2017) RICHMOND, VA — Setliff Law is pleased to announce it has again received national and regional recognition as one of America’s best law firms by U.S. News & World Report, one of the nation's leading ranking sources, and Best Lawyers, a leading surveyor of lawyers and law firms worldwide. The firm is ranked nationally in two tiers and regionally (Richmond metropolitan area) in a total of nine categories: National Tier 2 Railroad Law National Tier 3 Mass Tort…
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Setliff Law is pleased to announce Kevin was recently elected Secretary to the Virginia Trucking Association Safety and Human Resources Council. Kevin has been active in preparing and presenting on safety issues from a legal perspective at several of the conferences and seminars hosted by the VTA. Kevin’s election to this position is significant in that he is the only member of the council not employed by a major motor carrier operating in Virginia. We at Setliff Law, as well…
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Are You ADMIN? Movers in Virginia are among the best moving companies in the nation. The pride of work, the determination for a job well done, and the deep roots of seeking knowledge makes our Association of Movers among the very best. VMWA represents the best of the best, from the largest moving companies to the smallest moving companies! One way to keep the edge sharp on our way of business is to continuously educate ourselves and be more aware…
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One of your employees hurts his back on the job. He exhausts the leave you provide him under the Family Medical Leave Act (“FMLA”), but he is still not able to work. He gives you a doctor’s note saying that, with 3 additional months off, he will be completely healed and ready to resume full-time employment. He demands that time off as an accommodation under The Americans with Disabilities Act (“ADA”). Do you have to give it to him? A…
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The Virginia Department of Motor Vehicles has authorized a temporary waiver of certain regulations for carriers providing response and recovery support for states affected by Hurricane Harvey. Please click on the link below for specifics of the waiver. Hurricane Harvey VA Waiver 9-1-17
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