Our industry is under attack nationally from the way motor carriers are classifying drivers. First, “statutory employee” rules made trucking companies liable for negligent drivers regardless of whether the drivers are actually independent contractors. Federal Motor Carrier Safety Regulations, 49 C.F.R. § 390.5, eliminates the distinction between “independent contractors” and “employees” for liability purposes. This means that motor carriers can no longer escape liability even when properly employing independent contractor services. Now, the plaintiffs’ bar, federal government and individual states…
Read More
The Americans with Disabilities Act (“ADA”) prevents an employer from discriminating against a disabled worker who can, with or without reasonable accommodation, perform the essential functions of the relevant job. The employer must reasonably accommodate the disability unless the accommodation would impose an undue hardship. Leon Laferriere is a military veteran with PTSD. His psychiatrist prescribed using a service dog to control anxiety. He applied for a job at a trucking company, telling his potential employer that he used a…
Read More
Greg Holland and Ryan Furgurson scored a victory for Omni Hotels this week in the U.S. District Court for the Western District of Virginia. On March 7, District Judge Elizabeth Dillon granted Omni’s Motion for Summary Judgment in Thomas v. Omni Hotels, Civil Action No. 5:15-cv-00086. The plaintiff alleged that she slipped and fell on ice on the walkway outside the spa building at the Omni Homestead Resort. She claimed that Omni failed to inspect the walkway and failed to…
Read More
On February 15, the FMCSA issued a statement regarding the use of Automatic Onboard Recording Devices (AOBRDS) in commercial vehicles that could impact the way carriers implement these devices before they are forced to move to the compliant ELDs. While the language in the final rule pertaining to AOBRDS remains the same in that those carries with AOBRDs receive a two-year extension to implement ELDs, the FMCSA has clarified that these AOBRDS, which will be “grandfathered” in, can no longer…
Read More
Setliff Law is pleased to announce Ryan Furgurson has been named a partner at Setliff Law. Since joining the firm as an associate, Mr. Furgurson has concentrated his practice in transportation law, products liability, employment law, and commercial litigation. “Ryan is one of the brightest and hardest working attorneys I have had the privilege to know and practice with over the years,” according to C. Stephen Setliff, managing partner at the firm. “We are proud to welcome him to the…
Read More
Nearly every commercial truck driver currently required to keep a paper log must start using electronic logs by December 2017. Motor carriers are required to ensure that their vehicles are equipped with compliant electronic logging devices (ELDs). The Virginia Trucking Association is hosting seminars detailing what the ELD regulations are and what steps companies need to take to be in compliance. The seminars will offer presentations covering a wide range of expertise regarding the new regulations: ● ELDs: Overview of…
Read More
(November 2016) RICHMOND, VA — Once again, Setliff Law has 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. This year 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 Litigation/Class Action…
Read More
Just 10 days before the December 1, 2016 effective date, a Federal Judge in Texas delayed implementation of the new Department of Labor’s federal overtime rule. Twenty-one states filed an emergency motion for a preliminary injunction in October to halt the rule, claiming that the DOL exceeded its authority by doubling the salary threshold and by providing automatic adjustments every three years. The states’ case was consolidated with another lawsuit filed by the U.S. Chamber of Commerce and other business…
Read More
Ryan Furgurson recently scored a victory for Virginia employers in the Supreme Court of Virginia. Ryan represented The Salvation Army, who was (falsely) accused of terminating the plaintiff’s employment for refusing to engage in a relationship with her supervisor. The plaintiff alleged that she was fired for refusal to engage in a criminal act in violation of Virginia public policy. The trial court granted summary judgment, finding that Virginia’s outdated (and unconstitutional) “fornication” statute could not form the basis for…
Read More
On October 31, the U.S. Court of Appeals for the 7th Circuit denied the Owner-Operator Independent Drivers Association’s lawsuit seeking to overturn the electronic logging device mandate. This decision serves to further confirm that the seemingly inevitable mandate will remain on course to take effect on December 10, 2017. In denying OOIDA’s claim, the Court rejected both of arguments that the rule is a harassment tool that violates truckers’ Fourth Amendment rights as well as that the rule does not…
Read More
