Administrative Law

FMCSA Concedes No Authority to Assess Civil Penalties By Final Agency Order for Certain Commercial Regulations By Administrative Enforcement Proceeding

By:      Gerald D. Borovick The FMCSA concedes it cannot assess civil penalties for violations of the Federal “Commercial Regulations,” which includes the household goods Consumer Protection Regulations promulgated to protect individual shippers through the A.P.A. rules because Congress never delegated statutory authority conferring necessary jurisdiction to administratively adjudicate such violations and assess a civil … Read more

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 New Hampshire 2023 Statutory Changes for Household Goods Carriers

By:      Gerald D. Borovick On and after January 1, 2023, New Hampshire shall significantly deregulate the licensure and rate-regulation of for-hire carriage of household goods by eliminating certain public utility requirements and bolstering consumer protection.[1] What follows is a summarization of some of the more significant statutory changes.  It is not intended to be … 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