Yesterday, October 5, 2011, the National Labor Relations Board’s (“Board”) Office of Public Affairs announced that the Board has elected to postpone the implementation of its new “Final Rule” requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, which was to become effective on November 14, 2011, private-sector employers whose workplaces fall under the National Labor Relations Act would have been be required to conspicuously post the employee rights notice [an 11-by-17 inch poster] where other workplace notices are typically posted—including on intranet or internal sites if workplace rules and policies are customarily posted there.... Read More

Recently, a federal court in New York issued an opinion through which it concluded that several of Alpine Logistics’s delivery drivers are entitled to overtime compensation pursuant to the federal Fair Labor Standards Act ("FLSA"). The decision is Hernandez v. Alpine Logistics, LLC, 2011 U.S. Dist. LEXIS 96708 (D.N.Y. Aug. 29, 2011). The Court’s opinion is significant because it represents the latest addition to what can be characterized as a hodgepodge of inconsistent federal opinions addressing the so-called "small vehicle exception" to the "motor carrier exemption" from overtime obligations under the FLSA (see The Employment and Labor Law Dispatcher blog for a basic explanation of the "motor carrier exemption" and "small vehicle exception").... Read More

Should I stay or should I go now?
If I go there will be trouble
And if I stay it will be double
So you gotta let me know
Should I cool it or should I go?
-The Clash

Prior to the recession, introductions at industry events always included the question, "How many trucks do you have?" The prestige one garnered in the industry was based on your size. This was a residual phenomenon which stemmed from deregulation. During the 1980's and 1990's trucking was the wild frontier. Most of the familiar names in trucking prior to deregulation went out of business; and many of the big names we know today were born, went public and grew like crazy during the time.... Read More

Recently I read a book called, "Before You Leap," by Kermit The Frog. You are probably familiar with Mr. Frog, who bills himself as an "international television and motion picture star, a humanitarian, an amphibitarian and an educator."  He's better known as the star of "The Muppet Show,".... Read More

Design is not just what it looks like and feels like. Design is how it works. -Steve Jobs

Are you prepared to make the correct choices for your business when the capacity crunch comes? Do you have the information to help your customers identify inefficiencies in the supply chain? Improving your freight mix, customer mix and rates is a 7 day a week, 52 week per year endeavor. To do this properly, one needs visibility into the efficiency of each customer and lane.  Identify which is the best business, which is the worst is and what is in between. Armed with this information, work on the least profitable, most inefficient business by working with the customer to address the inefficiencies, increase the rates, or replace the business with better opportunities. ... Read More

Good day and welcome to my new blog, "The Employment and Labor Law Dispatcher" (that's me - the "dispatcher" of employment/labor law news and strategy pertinent to transportation managers). Like most "dispatchers," I intend to guide transportation companies down the correct path - avoiding unnecessary perils. Through this blog, I aspire to provide pertinent, timely nuggets of knowledge designed to assist transportation managers in their quest to operate successful, cost-effective and legally-compliant transportation companies. In doing so, I will draw on my experiences as a multi-jurisdictional, management-side employment and labor law attorney; my involvement with the Transportation Lawyers Association, various state trucking associations, and my interactions with clients "in the industry". Ideally, I will also use this blog to regularly entertain questions and comments from inquisitive readers.... Read More

When you enter any industry you will be overwhelmed by numerous acronyms; and the trucking industry is no different.  In addition to MPG, EOBR, GOAL and others, your carrier will add to the list of letters that will become significant to your job.

Add to these alphabet mixtures a list of governing bodies that have even more influence over your job, DOT, FMCSA, NHTSA, NTSB and your head will start to hurt trying to remember which group has authority over what parts of your daily duties.... Read More