Trucking Company Mandate as of December 18th, 2017 Drivers who are now required to use paper logs - records of duty status (RODS) -because they operate commercial motor vehicles in interstate commerce motor vehicles weighing more than 10,000 pounds, or who carry haz-mat—need to use Electronic Logging Devices (ELD) in their vehicles, unless they meet one of the exemptions. This applies to commercial motor vehicles (CMVs) as defined by Part 49 CFR 390.5 of the Federal Motor Carrier Safety Regulations and drivers who are subject to the requirements of Part 49 CFR 395. Drivers who are exempt from using ELDs include: 1) drivers who operate within the 100-air-mile exemption; 2) non-CDL drivers operating within 150 air miles of their home base; 3) drivers in driveaway operations; 4) drivers operating vehicles with engines manufactured before the year 2000; and 5) drivers who use paper logs for not more than 8 days in a 30-day period The Case of ELD v. ABORD Soon to be a major motion picture coming to a theatre near you, we can expect to see litigation over just what is an ELD. An ELD is essentially the same as an ABORD, but to qualify as an ELD, the device must meet the minimum technical standards, be certified as well as registered with the FMCSA. The ELD must be synchronized with the ECM so that vehicle operations can be recorded, such as drive time and the ELD must put out standardized data for the benefit of enforcement officers. Manual overrides are allowed for special circumstances. The Enforcement Cases… The ELD Rule was adopted to increase the use of AOBRDs to promote safety and reduce the paperwork burden for motor carriers and drivers as well as transportation law enforcement officers. As with every lock, where there’s a pick waiting
National Insurance Defense Firm Resnick & Louis, P.C. expands it's Scottsdale Arizona office adding Michael Altaffer, Jonathan Sullivan, and Amanda Nelson. Michael Altaffer has a wide variety of experience in defending personal injury and property damage claim matters for insurance companies for over 30 years. He has trial experience in personal injury defense, property damage claim defense, insurance coverage litigation, construction defect litigation, fire loss litigation and subrogation litigation. He has successfully defended insurers in litigated insurance coverage cases and bad faith cases, including matters involving Morris/Damron/Peaton/Helme agreements, arising from first and third party insurance claims in state and federal court in Arizona as well as in arbitrated matters when required by insurance policies. Jonathan Sullivan has represented several insurance carriers in local, state and federal courts. Legal issues generally included insurance coverage disputes, bad faith, breach of contracts, personal injury, and business disputes. He has extensive experience reviewing underlying insurance claims after litigation was commenced, developing and implementing litigation strategies, preparing discovery and pleadings, conducting depositions, expert discovery, attending court hearings, arbitrations, settlement conferences, and conducting trials. Amanda Nelson has extensive experience in handling all aspects of insurance defense cases from pre-litigation and litigation including discovery, depositions, arbitration, experts and settlement in areas including automobile accidents, fire damage to property, bicycle and pedestrian accidents, wrongful death, multiple vehicle accidents, injury resulting from animals, construction defects, products liability, breach of contract and fraud. Amanda has also handled multiple trials and has obtained favorable verdicts for her clients. About Resnick & Louis's Scottsdale Office Resnick & Louis clients rely on the more than 23 attorneys in the firm’s Scottdale office for multifaceted, insurance defense and legal services. Team members’ primary goal is to assist carriers and self-insured entities in addressing their legal needs. They work collaboratively with colleagues around the United
Our new Partner in the Miami Florida office, James A. Cueva attended and graduated from high school in Miami, Florida. After high school, Mr. Cueva attended the University of Florida where he earned a Bachelor of Arts in Political Science with minor degrees in Criminal Justice and Latin American Studies. In 2003, Mr. Cueva earned his juris doctor cum laude from the University of Miami where he was a James Weldon Johnson fellow. While attending the University of Miami, Mr. Cueva received the CALI book award in Environmental Law and Dean’s Certificates of Achievement in Environmental Law and in a Seminar on Races, Ethnicities, and the Law. Mr. Cueva served as a law clerk in the Florida office of Mintzer Sarowitz Zeris Ledva & Meyers during his second summer and third year of law school. After graduating from law school, Mr. Cueva joined a leading Spanish language broadcasting company as in house counsel where he gained experience in the areas of Communications Law, Labor and Employment Law, and Entertainment Law. As part of his commitment to public service, Mr. Cueva has been an active member of the Miami-Dade County Unsafe Structures Board since 2000 and has served as Chairman of the Board since 2002. The Unsafe Structures Board is a quasi-judicial Board that meets once a month to hear appeals filed by property owners and interested persons challenging municipal building officials’ findings that a structure is unsafe. The Board’s thirteen members are appointed by the Miami-Dade County Board of County Commissioners. The Board exercises its jurisdiction throughout all of Miami-Dade County. The Board also has the authority to order repairs or demolition of a structure and issue subpoenas in connection with carrying out its functions. In 2008, Mr. Cueva re-joined Mintzer Saorwitz Zeris Ledva & Meyers, LLP as an associate
QUESTION PRESENTED What is Proposition 206-The Fair Wages and Healthy Families Act (the “Act”) generally? How does it impact non-hourly employees, specifically employers of motor carriers? BRIEF ANSWER The Act will take effect on July 1, 2017, and gives employees the right to accrue paid sick leave. Employers of truck drivers will also be subject to the act. To determine the amount non-hourly employees are to be compensated for paid sick leave, such as motor carriers, the Industrial Commission of Arizona (“ICA”) delineates their hourly rate is determined by one of four methods detailed below. DISCUSSION The Act applies to all employers. The ICA states they do not intend to apply the Act against employees who work outside of Arizona. The Act gives employees 1 hour of sick time for every 30 hours worked. Employers with less than 15 employees must at minimum permit and allow the use of 24 hours of paid sick leave per year. Employers with more than 15 employees, must at minimum permit the use of 40 hours of paid sick leave a year. An employer also has the option to provide all earned paid leave time that an employee is expected to earn at the beginning of the year. Unused paid sick leave rolls over into the next year unless the employer decides to exercise its option and pay the employee for the time that is to be rolled over. An employee can only carry a maximum of 40 hours paid leave time into the next year and remains entitled to accrue an additional 40 hours paid leave (maximum of 80 hours) if there are 15 or more employees. If there are less than 15 employees, an employee can only carry a maximum of 24 hours paid leave time into the next year and remains
Almost all states will soon have similar laws as to medical marijuana usage, and generally no employee can be fired just for having medical authorization to use marijuana. The Americans with Disabilities Act even prevents employers from asking about it because that would presume the employer is asking about an underlying disability. While it's still illegal under federal law to possess or use it, there have been more than 60 peer-reviewed studies with an overwhelming majority finding marijuana helpful as palliative care in debilitating diseases or for those with chronic pain. What is an employer to do? Re-write your employee handbook; be vigilant and drug test under the defense of reasonable suspicion. Current Arizona law is typical of many states' view: unless a failure to test would cause an employer to lose a monetary or licensing-related benefit under law, an employer may not discriminate against a person in hiring, terminating, imposing a condition of employment, or otherwise penalizing a person for having medical marijuana privileges, or producing a positive test for marijuana. Safety-sensitive work in the transportation industry - or any industry - allows the employer to discipline/terminate employees with medical marijuana prescriptions if intoxicated on duty. Regardless of the industry, no employee with a medical marijuana card may use, possess, or be impaired at work. Why should you be concerned/have a policy/conduct reasonable suspicion testing? Because of exposure to the legal risk of negligent hiring or negligent retention claims brought by third persons; and because your medical card employee could challenge you for discrimination if you do not treat every employee the same. The Gig Economy Just Got Giggier On June 7, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two informal guidance documents on independent contractor misclassification and joint employment, which had