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Highlights from Our Trucking Owners Business Roundtable – Part III

Posted 9:42 PM by

As a follow up to Part II of our Trucking Owners Business Roundtable summary, below are highlights from Jim Spolyar and Chris Eckhart's presentations, both of Scopelitis, Garvin, Light, Hanson & Feary, P.C. Jim’s presentation covered driver application practices and restrictive covenants; and Chris’  presentation covered wage/hour issues and class/collective actions.

Highlights from Jim Spolyar and Chris Eckhart’s presentations:

  • The Fair Credit Reporting Act (FCRA) governs the use of driving records and background checks. As such, companies need to obtain written authorization to obtain reports and confirm that those reports will be used for employment purposes.
  • Motor carriers have an exception, where the applicant may provide oral consent if the only contact the motor carrier has had with the applicant is via mail, telephone, computer or similar means (a “remote applicant”). If a company decides not to hire/contract an applicant, they must provide a pre-adverse action notice including a copy of the background/driving record report to the applicant, a copy of the applicant’s FCRA rights, then wait a reasonable period of time before sending the final adverse action notice. The company must give the applicant an opportunity to object to the information in the report. Proper protocol for the company is to document the entire process. 
  • The use of arrest and conviction records cannot have blanket exclusions where an applicant is disqualified based on arrests/convictions that are not related to the job for which they are applying. Each applicant should be given an individualized assessment, including the facts or circumstances surrounding the offense or conduct (number of convictions, age, etc.) and the applicant must be given a chance to provide evidence the record is incorrect or that the exclusion should not apply.
  • Restrictive covenants are state specific and enforcement can be difficult when they are not tailored to a specific state or used based on categories. Depending on the state, a court may strike or modify unenforceable provisions, the results of which may be unexpected for both parties. Tailor agreements to avoid broad restrictions. Specify range of conduct, time restrictions and geographic areas.
  • Employees must receive at least $7.25 per hour (based on current law) when considering total compensation (not including per diem reimbursements) divided by total hours worked (under FLSA standards).

Click here to view or download their presentations.

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Katz, Sapper & Miller’s Transportation Services Group is one of the largest and most experienced in the country. We work with more than 100 publicly and privately held carriers throughout North America to keep their business moving in the right direction. Learn more

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Comments (1)
AmericanFreightways wrote
Thank you for publishing the third part so soon! Your articles surely have some very nice points to know about.

Regards,
AmericanFreightways.net
Posted Jan 19 2013 2:45 AM
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