At the request of the Northam Administration, Republican State Senators Mark Obenshain of Rockingham County and Bill Carrico of Grayson County co-sponsored legislation in the 2018 General Assembly directing the Commonwealth Transportation Board (CTB) to study the feasibility of imposing tolls on large trucks traveling on Interstate 81. The bill sponsors’ stated goal is to generate revenue to pay for infrastructure improvements along the I-81 corridor. Senator Obenshain points out that about one-fifth of the crashes on I-81 involve at…
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Unless you’ve been living under a rock for the last month, you have heard and read stories about a previously obscure British consulting firm Cambridge Analytica. Without going into great depth in this article, Cambridge Analytica apparently gained access to data obtained through a Facebook app developed by a Cambridge professor, which included information about not only the users, but also about their activities on Facebook and their friend networks. This data was then used by Cambridge Analytica in support…
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RICHMOND - Last year, Virginia recorded the highest number of motorcyclist fatalities in a decade, and, as the weather warms again, the Virginia Department of Motor Vehicles (DMV) urges motorcyclists and motorists to do their part to prevent deaths this year. One-hundred-and-seven motorcyclists were killed in 2017 on Virginia roadways, compared to 72 in 2016 - a nearly 50-percent increase. Ninety motorcyclist fatalities were reported in 2011, the previous decade high. "We are working every day to reduce traffic crashes…
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Virginia employers have legal and ethical duties to keep their employees, customers, and the public safe. In an effort to carry out these important duties, many employers are left wondering how far they may (or should) go in pre-employment screenings in an effort to prevent workplace accidents. To succeed in balancing these legal duties, employers must deftly navigate both State and Federal laws. The Americans with Disabilities Act (ADA) and the Virginia Human Rights Act (VHRA) set out strict rules…
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It being early March, we are now in the heady season between where employers send out tax forms, and everyone scrambles to file their taxes. This means we are also in the season where fraudsters race to file false tax returns using stolen identity information, a form of identity theft. Worse, the FBI recently issued a PSA warning of an Increase in W-2 phishing. “Phishing” is a mode of scam where a fraudster uses an official-looking email to obtain access…
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Like most businesses, your business likely enters contracts with other businesses. Some of these may be service contracts for drivers or other employees. Do you know if these contracts contain indemnity clauses? If so, do you know the exact terms of those clauses? Thanks to a new decision from the Virginia Supreme Court, the language of an indemnity clause in a contract may allow you to be held harmless by the other contracting party – even if that party’s employee…
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On April 1, 2018, Department of Transportation (“DOT”) and state officials will begin issuing out-of-service orders to drivers who are found in violation of the electronic logging device (“ELD”) mandate. This will mark an end to the “grace period” that was in effect after the final rule establishing the ELD mandate came into effect on December 18, 2017. During this period, those found in violation of the final rule would not have their CSA scores penalized if found without an…
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As you have likely noticed, the tides have been turning on the issue of medical marijuana in America—as more than half of all states have comprehensive medical marijuana laws, and several have expanded to legalize various forms of recreational marijuana use. Meanwhile, marijuana remains a Schedule I controlled substance under federal law. All of this might leave employers confused about how to approach the issue of medical marijuana when it arises. In February 2015 Governor Terry McAuliffe signed into law…
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On January 26th, following a request from the National Asphalt Pavement Association (NAPA), the Federal Motor Carrier Safety Administration (FMCSA) published two exemptions to hours of service requirements (HOS) in order to accommodate those carriers engaged in the transportation of asphalt. The first exemption will enable drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty “waiting time” to satisfy the requirement for the 30-minute rest break, provided they do not perform…
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The Supreme Court of Virginia recently decided an important case concerning spoliation of evidence and issues of jury instructions and liability at trial. First, you may ask “what is spoliation of evidence?” You may also ask—“why do I care?” Spoliation of evidence occurs when a party is aware that there is pending or probable litigation involving evidence in the party's custody or under its control, and such evidence, if destroyed or otherwise not preserved, will interfere with the ability of…
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