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Trucking tolls legal?  When in doubt, sue.

I am told that funding roads and highways by taxing constituents is unpopular for some reason (Missourri,Colorado, South Carolina, for instance).  In an effort to still pay for roads without doing that “tax” thing, some states, including Virginia, have opted to try to obtain funds by truck specific tolls.  That effort has stalled in Virginia, but with the state […]

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$575 million Equifax settlement illustrates basic security needs to protect privacy of clients and employees and prevent legal ramifications for your business

Patch your software. Segment your network. Monitor for intruders. According to tech experts, those are security basics for businesses of any size. But when you are industry giant Equifax – a company in possession of staggering amounts of highly confidential information about more than 200 million Americans – it’s almost unthinkable not to implement those […]

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DOT and OMB mulling changes to trucker drive time regulations

Currently, 49 CFR 395.3(a) requires any driver of a commercial motor vehicle engaged in interstate transport to alternate between a minimum of 10 consecutive “off-duty” hours of rest and a maximum of 11 hours of drive time within the following 14 “on-duty” hours, with a 30 minute break in the “on-duty” time. However, a number of […]

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“Come at me, bro!” The consequences of road rage.

As far as your author is aware, no one is immune from “road rage.”  Even the most courteous, patient, caring, thoughtful of us are susceptible to becoming angry at other people for what we perceive as ignorant, aggressive, or dangerous driving that poses a threat to ourselves, our loved ones or anyone else on the […]

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The ADA Interactive Process: What is necessary when handling an employee out on extended medical leave?

Does an employer have an obligation to return an employee to work following an extended unpaid leave of absence granted as a reasonable accommodation under the ADA? You might be inclined to say, “Of course.” The answer, however, is nuanced, and depends on the length of the leave, the composition of your workforce at the […]

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How to Make Scarce Drivers More Scarce

You may not recall this, but as of February 20, 2020 it’s going to be much harder to become a CDL driver.  Waaay back on December 8, 2016 the FMCSA set entry-level driver training (ELDT) regulations, substantially increasing the amount of practical and theory education required to obtain a commercial driver’s license.  Oddly, the final version of this rule eliminated […]

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FMCSA to Begin Making Fault Determinations in Crashes Goal is to Avoid Hits to Carrier’s CSA Scores

On August 1, 2019, the Federal Motor Carrier Safety Administration (FMCSA) will make permanent a newly tested program that allows motor carriers to request that crashes the carrier believes were not the fault of their drivers be reviewed by FMCSA for the purposes of making a determination of fault. Under the new program, which has […]

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Truck Driver Involved in Crash Awarded $80 Million Due To Employer Misconduct

Sometimes it is good to read an article that serves as a reminder of what can happen when a company fails to do things the “right way.” In fact, many plaintiff’s lawyers attempt to paint trucking companies like “bad eggs,” even if they set out to do everything correctly. This is certainly a cautionary tale […]

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Virginia Trucking Association Safety & Human Resources Council Educational Meetings for July

The date for compliance with the Entry-Level Driver Training (ELDT) rule is rapidly approaching. As of February 7, 2020, gone will be the days of aspiring truck drivers obtaining a learner’s permit and then taking the CDL road test with little to no behind the wheel training. The new rules will require far more time […]

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Rough Road Ahead: Three Looming Shakeups of the Trucking Industry

Although it is by no means all of what we do, a lot of what we do here at Setliff Law involves (directly or indirectly) transportation and trucking.  From liability defense to worker’s compensation defense to intellectual property, even when what we do isn’t directly related to a truck, it is often related to trucking.  […]

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