On June 12, 2021, Canada will fully implement rules requiring the use of electronic logging devices, or ELDs, by Canadian motor carriers and drivers who are currently required to maintain paper logs, with some limited exceptions.

Recently, there has been a crackdown on physicians who falsify DOT medical examinations. One physician pled guilty to one count of making false statements in connection with a DOT medical examination and was sentenced to 3 years’ probation, a $1,000 fine, and a $100 special assessment.

In California, all non-exempt employees are generally allowed to take an uninterrupted thirty minute meal period and two rest periods during an eight hour shift. If an employee is unable to take a compliant meal or rest period, then California law requires the employer to pay the employee a premium of one hour’s wages at the “regular rate of compensation”. 

On October 3, the Washington State Supreme Court issued a narrow victory to insurers with its 5-4 decision in In Keodalah v. Allstate Ins. Co. and Tracey Smith, 95867-0 (Wn. App. 2018), holding that employee claims adjusters cannot be held individually liable for bad faith or violations of Washington’s Consumer Protection Act.

If a company is merely a leasing service for any type of vehicle, it typically cannot be held personally liable for accidents caused by the renters of such vehicles. This is because, on August 10, 2005, President Bush signed into law the “Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2005,” colloquially referred to as the Graves Amendment.

A three-judge panel of the Ninth Circuit U.S. Court of Appeals recently held that Illinois Facebook users may bring claims for privacy violations under state law for the use and storage of biometric information on the company’s platforms and servers. Patel v. Facebook, 18-15982, (9th Cir. Aug. 8, 2019). Three Illinois residents allege that “face templates” of them were created and used by Facebook without sufficient notice, agreement, and protection under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.

In Steadfast Ins. Co. v. Greenwich Ins. Co., 2019 WI 6, the Wisconsin Supreme Court reduced the recovery obtained by an insurer that defended its insured from another insurer that breached its duty to defend – requiring the plaintiff insurer to pay its pro rata share of the risk.