It was a beautiful December day here in Wisconsin. I thought I would take a long walk before I traveled to join my family for our annual Christmas celebration. As I enjoyed the beautiful winter air, I observed a farmer along my country route.

He was spreading manure on a nearby cornfield as the cows watched him from the fenced in area across the road. I have many friends who are farmers and I could appreciate his work that day.... Read More

The biggest aspect that is often overlooked by carriers when training drivers is a psychological one. Hiring a driver should be based upon their good decision making skills. Some driving skills are acquired through previous experiences and others through age and maturity. Insurance companies use statistical data for a reason and a good driver uses his/her head to avoid becoming a statistic.... Read More

Recently, the Administrative Review Board (which issues final agency decisions for the Secretary of Labor in cases arising under a wide range of worker protection laws, including the Surface Transportation Assistance Act) ruled in favor of a motor carrier that allegedly terminated the employment of one of its drivers in retaliation for complaining about unsafe working conditions. The case is Israel v. Schneider National Carriers, Inc., ARB Case No. 09-115.... Read More

Recently, a federal district court in California determined that motor carriers that transport property are not subject to California's meal and rest break laws, reasoning such laws are preempted by the Federal Aviation Administration Authorization Act ("FAAAA"). For those interested, the case is Dilts v. Penske Logistics, LLC, 2011 U.S. Dist. LEXIS 122421 (S.D. Cal. Oct. 19, 2011).... Read More

At a public meeting held on November 30, 2011, the National Labor Relations Board ("Board") voted, 2-to-1, in favor of a resolution to adopt six procedural amendments to the rules governing representation elections under the National Labor Relations Act ("NLRA") (although the Board's resolution did not include all portions of the proposed amendments contained in the June 2011 Notice of Proposed Rulemaking). Not surprisingly, the procedural changes adopted through the November 30, 2011 resolution will expedite the "representation election" process, to the detriment of employers.... Read More

In Douglas Autotech Corp., 357 NLRB No. 111 (Nov. 18, 2011), a 2-1 majority of the National Labor Relations Board (“Board”) opined that a company “reemployed” illegal strikers who attempted to return to work, when the company informed these illegal strikers they were “locked out.” In Douglas Autotech Corp., the United Auto Workers Local 822 (“UAW”) represented a bargaining unit of 146 employees at Douglas Autotech’s Bronson, Michigan facility.... Read More