Commercial motor vehicle operations that could be affected by the storm should review the following important precautions that can be used to help avoid losses associated with adverse weather:

• Make sure your drivers are well-rested and alert before getting behind the wheel.
• Have drivers complete pre-trip vehicle inspections as prescribed by federal regulations, paying particular attention to tires, windshield wipers and headlights. Advise drivers to check weather conditions prior to departing to determine where the bad weather has struck and where it’s headed. The latest updates on the storm’s progress are available at
• Advise drivers to check weather conditions prior to departing to determine where the bad weather has struck and where it’s headed. The latest updates on the storm’s progress are available at weather.com. Conditions should then be confirmed every hour or two as they can change rapidly, and tornadoes and flash-flooding can occur suddenly.
• Urge drivers to allow extra time to reach their destination and have an alternate route plan in place before leaving so they’re better prepared in the event conditions require using it. State Highway Patrol and Department of Transportation websites provide up-to the minute information on traffic, road closures and detours.
• Establish a communication system that requires scheduled contact times with your drivers so they can be updated on conditions. Adhere to your electronic device usage policy so drivers are not using cell phones while operating the vehicle.
• Advise drivers to heed signs warning of flooded streets and pay attention to barricades. If they come upon a flooded street, they should take an alternate route. The water can be far deeper, with swifter currents, than it may appear. Roads covered in water are also prone to collapse and downed power lines may be hidden from view.
• Caution drivers that commercial vehicles, because of their height and size, are far more likely to be affected by high winds than other vehicles. During strong winds, drivers should slow down or pull over to a safe area, away from trees, power lines or other tall objects that could fall onto their vehicle, until dangers have subsided. Additionally, drivers should watch for objects that could potentially blow into the roadway.
• If your company is located in the storm’s path, move any vehicles that are not going to be in service to higher ground. Flooding is the greatest cause of storm damage.
• If your company has been contracted to assist in storm evacuations, be aware of the issues of driver fatigue, vehicle maintenance, storing vehicles, and managing hurricane evacuation traffic congestion.
• Importantly, remind drivers that they should keep headlights on to improve visibility; avoid sudden braking that could send their vehicle into a skid; avoid driving into standing water: add more space around their vehicle to allow sufficient time to slow down or stop on wet, slick road surfaces; and SLOW DOWN to increase traction and control.

Begin Preparing For December 1, 2016 Effective Date

The Department of Labor will be releasing the much anticipated final rule implementing its changes to the salary basis for the Fair Labor Standard Act’s White Collar Exemptions today.  In a press release issued yesterday night, the Department of Labor outlined the key changes contained in the final rule, which are set to become effective on December 1, 2016. 

The minimum salary payment for the executive, administrative and professional exemptions essentially will be doubled, from the current rate of a minimum of $455 per week ($23,660 per year), up to $913 per week ($47,476 per year).  Employers will be able to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to ten percent of the required salary level, so long as these payments are made at least quarterly. 

The final rule also adopt a standard that updates the minimum salary for the white collar exemptions every three years, with the salary to be increased so that it is “equal to the 40^th percentile of weekly earnings for full-time salaried workers in the lowest-wage Census Region” (which currently is the south). 

Finally, the final rule increased the minimum salary to qualify for the “highly compensated employee exemption” from its current level ($100,000) up to $134,004.00. 

Although the final rule has not yet been published, the Department of Labor has released a chart showing the differences between the current rule, the proposed rule, and the final rule (as it will be published today).  We have copied that chart below for your convenience.   

The final rule may be subject to congressional challenges, however, we strongly encourage our clients to begin the process of reviewing all of their salaried exempt positions to determine what changes may need to be made to be compliant with the final rule.  This can include changing the status of current salaried exempt employees, or increasing their pay to ensure that they remain properly classified.