Massachusetts DFML Employer Audits Regarding Proper Notifications under PFML

By:      Gerald D. Borovick The Massachusetts Department of Family and Medical Leave (the Department or DFML) is auditing employers and covered business entities for compliance with certain required notifications to the workforce generally (i.e., workplace posters) and covered individuals specifically (i.e., employee acknowledgements). This alert is directed to Massachusetts employers providing Paid Family & Medical … Read more

Employee’s Refusal to Vaccinate in Violation of Employer’s Policy Resulting in Discharge Not Disqualifying For Purposes of Unemployment Where Employee’s State of Mind Established Sincerity of Her Religious Belief Supporting Her Objection

By:      Gerald D. Borovick The Massachusetts Supreme Judicial Court recently decided an unemployment “discharge case” involving an employer-policy mandating COVID vaccination.[1]  The case is helpful in illustrating that in certain cases, a knowing violation of an employer’s reasonable rule and deliberate disregard of the employer’s interest may not result in a termination from employment resulting … Read more

Summary of FMCSA Final Rule on Broker/Freight Forwarder Financial Responsibility And Evidence of Security On File With FMCSA – The BMC-84 and BMC-85

By:      Gerald D. Borovick On November 16, 2023, the Federal Motor Carrier Safety Administration (FMCSA) promulgated a long-awaited set of rules to implement and enforce uniform limits and sanctions to the financial security and responsibility requirements for property brokers, surface freight forwarders and their sureties, as mandated by Congress in a federal transportation law … Read more

Summary of New Hampshire 2023 Regulatory Changes for Household Goods Carriers

By:      Gerald D. Borovick New “interim” rules covering intrastate household goods transportation in New Hampshire went into effect April 27, 2023.  The Road Toll Bureau, a division within the NH Department of Safety, recently obtained approval for the interim rules proposed which it deems necessary to regulate household goods carriers in New Hampshire in … Read more

FMCSA Updates Household Goods Consumer Protection Rules Following FAST Act HHG Working Group Recommendations

By Gerald D. Borovick   Changes to household goods motor carrier and broker procedures and paperwork for communicating FMCSA’s consumer protection information, estimating, booking and contracting with consumers for interstate moves are scheduled to take effect June 27, 2022.[1] FMCSA’s Commercial Enforcement Division promulgated its Final Rule which adopted certain recommendations made to it by … Read more

FMCSA Rescinds Longstanding CMV Driver Record Of Violations/Certification Reporting And Recordkeeping Rule

By Gerald D. Borovick   The FMCSA is rescinding the longstanding driver “record of violations” reporting rule.[1]  After May 8, 2022, neither the motor carrier employer or driver will be required to complete and maintain the annual written driver certification as to the existence of traffic violations resulting in convictions or forfeited bond or collateral.  … Read more

First Circuit Court of Appeals Upholds Property Motor Carrier’s Unsatisfactory Safety Rating Assigned To Carrier By FMCSA Following Review Prompted By Driver Complaints To FMCSA’s National Consumer Complaint Database

By Gerald D. Borovick In a case of first impression, the First Circuit Court of Appeals denied a New Hampshire motor carrier’s petition for judicial review of a final order issued by the FMCSA that found the motor carrier’s overall safety rating unsatisfactory following a comprehensive on-site compliance review lasting almost four months and conducted … Read more