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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 fundamental protections. An FTC, CFPB, and State AG settlement of at least $575 million illustrates the injury to consumers when companies ignore reasonably foreseeable (and… Read More

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 trucker and trucking company advocacy groups have requested reconsideration of these rules, and the White House’s Office of Management and Budget (“OMB”) has met… Read More

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 road. The basic instinct to react to others’ bad driving is exacerbated by stressors such as heavy traffic, road work, bad weather and ever-increasing time… Read More

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 time the employee seeks to return to work, and your efforts to engage in the ADA’s interactive process with the employee during the leave. Engaging… Read More

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 a requirement for a minimum number of hours behind the wheel. While the Trump administration repeatedly delayed the new rules… Read More

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 been in effect for nearly two years, if the FMCSA determines that the motor carrier’s driver was not at fault, the crash will be listed… Read More

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 of what can go wrong when poor decisions are made. In May 2015, Lauro Lozano, Jr. drove trucks for Jorge and Silvia Marin and the… Read More

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 and resources for drivers to be eligible to obtain a CDL. Is your entry-level driving training program ready for the new FMCSA requirements? Join us… Read More