News & Analysis as of

Department of Transportation (DOT) Employer Liability Issues Commercial Truck Drivers

Parker Poe Adams & Bernstein LLP

Department of Transportation English Proficiency Guidance Takes Effect in Late June

Last month, President Donald Trump signed an executive order directing the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) to begin enforcement of English language proficiency (ELP)...more

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Littler

U.S. Department of Transportation Adopts Oral Fluid Testing for Regulated Drug and Alcohol Programs

Littler on

The U.S. Department of Transportation (DOT) has published regulations overhauling and expanding its regulated employee testing program to include oral fluids drug tests.  The new regulations, which update 49 C.F.R. Part 40...more

FordHarrison

Cannabis Legalization and its Impact on the Transportation Industry

FordHarrison on

Trends in Cannabis Legalization - While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMCSA Issues Order Preempting Washington’s Meal and Rest Break Rules as Applied to Commercial Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an order this week that Washington State’s meal and rest break rules are preempted as applied to property-carrying commercial...more

Cozen O'Connor

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19

Cozen O'Connor on

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on March 13, 2020, that, due to the COVID-19 outbreak, exemptions for some regulations were warranted for certain motor...more

Hogan Lovells

COVID-19 and compliance with DOT drug and alcohol testing regulations

Hogan Lovells on

In light of the coronavirus (COVID-19) situation and its effects on the operations of companies and public health facilities, the U.S. Department of Transportation (DOT) has published a guidance document for DOT-regulated...more

Poyner Spruill LLP

Department of Transportation Warns About Employee Use of CBD Products

Poyner Spruill LLP on

The use of CBD (Cannabidiol) products has become very popular throughout the country. In addition, the laws relating to use of hemp plant products are rapidly evolving. As a result, the United States Department of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees

The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations...more

McAfee & Taft

New reporting and reviewing requirements in effect for employers with DOT drivers

McAfee & Taft on

Effective January 6, 2020, companies who employ commercial motor vehicle drivers must register with the Federal Motor Carrier Safety Administration’s (FMCSA) national Drug & Alcohol Clearinghouse and comply with new reporting...more

Arnall Golden Gregory LLP

Top 10 Issues Affecting Employers in 2020

Workforce Issues to Focus On in 2020 - The start of a new year is always a good time for a business to take stock of past practices and future actions, including around workforce compliance issues. ...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Seyfarth Shaw LLP

U.S. DOT FMCSA Update on Distracted Driving

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses....more

Seyfarth Shaw LLP

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more

Parker Poe Adams & Bernstein LLP

Federal Drug and Alcohol Requirements for Commercial Drivers Begin January 6

Beginning January 6, motor carriers using drivers subject to the Federal Motor Carrier Safety Administration’s drug and alcohol rules will be required to submit testing results and other information to a new electronic Drug...more

Ballard Spahr LLP

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

Ballard Spahr LLP on

The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Littler

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

Littler on

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more

McNees Wallace & Nurick LLC

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results

Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state...more

FordHarrison

Department of Transportation Adds Four New Drugs to Testing Panel

FordHarrison on

On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

Seyfarth Shaw LLP

DOT Amends Employee Drug Testing Requirements

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

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