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On November 18, 2024, the Federal Motor Carrier Safety Administration (FMCSA) implemented a new Clearinghouse rule that significantly impacts the status of commercial drivers who are found in violation of drug and alcohol regulations. The new regulation mandates that States must downgrade a commercial driver’s license (CDL) or commercial learner’s permit (CLP) when the driver’s status in the Drug and Alcohol Clearinghouse is marked as “prohibited.” This downgrade will remain in effect until the driver successfully completes the return-to-duty (RTD)…
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For centuries—maybe even millennia—the definition of an employee was simple: a person working under the control of an employer to perform tasks that benefit the employer, in exchange for payment. Whether paid by the hour, by commission, or per unit produced, the key factor was control. If someone dictated how, when, and where you worked, you were an employee. Then, the concept of the independent contractor (IC) emerged. Unlike employees, ICs typically performed specialized work outside the core function of…
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Truck brokers and motor carriers play vital roles in the freight transportation industry, allowing the United States to overcome economic obstacles that have significantly hurt other countries. Producers need to ship their goods to buyers, and the carriers provide physical transportation of the goods. The brokers facilitate the connection between shippers and carriers. Each model has its own set of advantages and disadvantages. Carriers face high capital costs and operational complexities but have the potential for higher profit margins and…
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Modern technology is a wonderful thing. It can provide directions, the words to a song, or even an idea for a presentation. Some companies even use modern technology like biometric devices as security and safety measures. Biometrics are sophisticated enough to protect against data breaches unlike passwords and PINS, yet user-friendly enough that they do not impede workflow. What Are Biometrics? Biometrics involves the use of unique physical or behavioral characteristics, such as fingerprints, facial recognition, iris scans, and voice…
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The Corporate Transparency Act (CTA) has had a tumultuous last two months. After a December full of will-they-or-won't-they moments regarding whether the CTA would go into effect, January sees it going into effect … kind of. The Supreme Court has finally weighed in on the nationwide injunction at the center of Texas Top Cop Shop, Inc. v. McHenry—formerly, Texas Top Cop Shop v. Garland. The order, issued by Justice Alito, did not provide any justification for granting the requested stay…
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An employee handbook is an essential tool for employers. It not only serves as a resource for employees but also protects the company from potential legal issues. Here is why every employer should invest in a well-crafted employee handbook and what key elements it should include. Legal Compliance: An employee handbook helps ensure a company complies with various labor laws and regulations. By outlining policies regarding discrimination, harassment, wage and hour laws, and employee rights, employers can demonstrate their commitment…
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On December 26, 2024, a merits panel of the U.S. Court of Appeals for the Fifth Circuit reestablished the nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) by the Financial Crimes Enforcement Network (FinCEN). Pursuant to the preliminary injunction, FinCEN issued an alert on December 27, 2024, stating that all reporting companies under the CTA are not currently required to file beneficial ownership information with FinCEN and further, that all reporting companies are not subject to…
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For companies issuing homeowners insurance policies, and consumers buying them, the usual list of policy details to consider includes items such as coverage for an individual’s personal belongings, the home’s structure, and protection in the event someone is injured on the property. In one of the first decisions to consider the issue, the U.S. Court of Appeals for the Fourth Circuit, which is based in Richmond, Virginia, has recently addressed a different coverage issue: whether a homeowners insurance policy covered…
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On December 3, 2024, U.S. District Judge Amos Mazzant from the Eastern District of Texas, in the matter of Tex. Top Cop Shop, Inc. v. Garland, issued a preliminary injunction, suspending the Corporate Transparency Act (CTA) and the beneficial ownership information (BOI) reporting rule that issued by the Financial Crimes Enforcement Network (FinCEN). The Court ruled that "the CTA, 31 U.S.C. § 5336," and the "[e]nforcement of the [BOI] Reporting Rule, 31 C.F.R. 1010.380" are enjoined; "the compliance deadline is…
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A new law that went into effect in January 2024 may require small business owners to report detailed information about ownership to the government. The Corporate Transparency Act (CTA) was enacted in 2021 as part of the National Defense Authorization Act, and its goal was to prevent money laundering, tax fraud, terrorism financing, and other financial crimes by requiring companies to disclose information about their owners. The 2024 CTA law requires certain businesses to disclose information about their beneficial owners…
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