The Modern Firm Website Analytics

Providing legal expertise to our clients, nationwide

News

Contemporary Federal Preemption in Trucking

Interstate long-haul trucking requires carriers to be aware of, and comply with, state regulatory schemes covering a multitude of issues.  Avoiding a patchwork of conflicting laws is critical in the long-haul trucking arena, where carriers and drivers may need to comply with varying state regulations on an hour-by-hour basis. As such, the trucking industry regularly […]

Read More

PART III: Clearinghouse Practicality: The Changing Marijuana Landscape and the DOT Driver

If you are a motor carrier and are not registered for the FMCSA Clearinghouse, do so now.  The Jan. 6 implementation date is here.  As we have discussed in Part I and Part II, registering for and utilizing the Clearinghouse are important steps in the process.  As we move forward, however, compliance with the process […]

Read More

Dynamex Fallout: Truckers Seek to Toss CA’s New Gig Economy Law as Trucking Companies Cut Ties with Independent CA Drivers

We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever gets on the road. The California Trucking Association filed an amended lawsuit in federal court on November 12, 2019 […]

Read More

Holiday Legal Issues Only Scrooge Would Love

For your enjoyment, here are some 2019 holiday themed legal issues only Scrooge could love . . . threatening litigation over  holiday sweaters, attacking favorite holiday candy and gifts, endless HOA litigation over holiday decorating, and “stealing” from the Grinch.  Bah! Humbug!  The Coke Snorting Santa Sweater – A Colombian government agency is threatening to […]

Read More

Richmond City voting to join Spotsylvania County and Hampton City in banning handheld cell phone use while driving

In 2018, there were 1,618 automobile crashes, 105 serious injuries, and 10 deaths in Virginia reported as attributable to cell phone use while driving (the actual number may be higher). See 2018 Virginia Traffic Crash Facts, Virginia DMV, available at https://www.dmv.virginia.gov/safety/crash_data/crash_facts/crash_facts_18.pdf. Richmond drivers have notoriously high rates of accidents, speeding tickets, DUIs, and citations. A recent study by QuoteWizard […]

Read More

Whisky Lawsuit On the Rocks

  A distillery in Virginia is “toasting” the end of a “heavy-handed” lawsuit filed this summer by the Scotch Whisky Association.   https://wtop.com/virginia/2019/08/virginia-whiskey-maker-settles-with-scotch-whisky-group/ ; see also https://valawyersweekly.com/2019/07/22/whisky-business/  The lawsuit, brought in the United States District Court for the District of Delaware against an independent distillery in Lovingston, Virginia, called the Virginia Distillery Company LLC., alleged […]

Read More

New DOL Overtime Rule Raises Salary Cutoff to $35,568

Employees who make less than $35,568 are now eligible for overtime pay under a final rule issued in September 2019 by the U.S. Department of Labor (DOL). The new rate will take effect Jan. 1, 2020. To be exempt from overtime under the federal Fair Labor Standards Act (FLSA), employees must be paid a salary greater than $35,568.00 and meet certain […]

Read More

Queries and Quandaries: The Clearinghouse and Driver Consent

In a legal climate where the case is never about the facts and always about compliance, a good understanding of the Commercial Driver’s License Drug and Alcohol Clearinghouse and how to use it is crucial.  Unfortunately, the new regulation is as easy to follow as GPS without a cellular signal.   From Part I of […]

Read More

A Note on Unions: Elon Musk and a Lesson in Unionbusting, Twitter, and When to Shut Up

Elon Musk is a media magnet.  Ignore that he is involved with a company creating neural computer interfaces, dates pop stars and actresses, sells flamethrowers, and is trying to solve city congestion by drilling tunnels.  He ran Tesla until the SEC forced him to step down as chair, but is still listed by the company as its “co-founder and CEO.”  Tesla alone has […]

Read More

The battle over automotive emissions standards rolls on

Continuing our series on Corporate Average Fuel Economy (CAFE) and Greenhouse Gas (GHG) standards, President Trump recently placed the topic back at the forefront by ramping up an attack on California’s Clean Air Act waiver.  The waiver gives California special authority under the Federal Clean Air Act to set its own emissions and air pollution […]

Read More