Legal Updates
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Latest News
- April 26, 2024
DOL Issues Final Salary Rule for Overtime Exemption
On April 23, the U.S. Department of Labor (DOL) issued its final rule regarding the salary threshold for overtime exemptions under the Fair Labor Standards Act. This development will significantly impact employers, as it affects compliance obligations, budgets, and payroll. This bulletin describes key elements of the rule, its implications for employers, and compliance recommendations.
- March 6, 2024
FMC Issues Final Rule on Billing Requirements and Practices for Detention and Demurrage Invoices
On February 26, 2024, the Federal Maritime Commission (FMC) issued its Final Rule on Detention and Demurrage Billing Requirements. The final rule identifies the parties to whom an invoice must be issued and who are responsible for payment of demurrage and detention charges, specifies the minimum contents of an invoice for demurrage and detention charges, and outlines procedures for invoicing and resolving disputes. The rule implements provisions of the Ocean Shipping Reform Act of 2022 (OSRA 2022), and it applies to invoices issued by ocean common carriers, marine terminal operators (MTOs), and non-vessel operating common carriers (NVOCCs).
- February 3, 2023
STB Denies Stay of Arbitration Program Opt-In Requirement; Permits Filing of New Petitions for Stay
On January 24 the Surface Transportation Board (STB) denied a petition to stay an opt-in requirement of the Small Rate Case Arbitration Program, a new program intended to increase rail shippers’ access to rail transportation rate challenges.
- July 31, 2023
The Clean Truck Partnership: California and Truck Manufacturers Sign Historic Deal to Adjust California’s Transition to Zero-Emission Trucks
The Second Quarter of 2023 was a very busy time for those interested in vehicle emissions standards, with EPA releasing two comprehensive sets of proposed rulemakings. On April 12, 2023, the EPA issued a press release announcing separate proposals for new emissions standards for light- and medium-duty vehicles and for heavy-duty trucks. EPA described its proposals as “the most ambitious pollution standards ever for cars and trucks.”
Past Updates
2024
- April 26
DOL Issues Final Salary Rule for Overtime Exemption
On April 23, the U.S. Department of Labor (DOL) issued its final rule regarding the salary threshold for overtime exemptions under the Fair Labor Standards Act. This development will significantly impact employers, as it affects compliance obligations, budgets, and payroll. This bulletin describes key elements of the rule, its implications for employers, and compliance recommendations.
2024
- March 6
FMC Issues Final Rule on Billing Requirements and Practices for Detention and Demurrage Invoices
On February 26, 2024, the Federal Maritime Commission (FMC) issued its Final Rule on Detention and Demurrage Billing Requirements. The final rule identifies the parties to whom an invoice must be issued and who are responsible for payment of demurrage and detention charges, specifies the minimum contents of an invoice for demurrage and detention charges, and outlines procedures for invoicing and resolving disputes. The rule implements provisions of the Ocean Shipping Reform Act of 2022 (OSRA 2022), and it applies to invoices issued by ocean common carriers, marine terminal operators (MTOs), and non-vessel operating common carriers (NVOCCs).
2023
- February 3
STB Denies Stay of Arbitration Program Opt-In Requirement; Permits Filing of New Petitions for Stay
On January 24 the Surface Transportation Board (STB) denied a petition to stay an opt-in requirement of the Small Rate Case Arbitration Program, a new program intended to increase rail shippers’ access to rail transportation rate challenges.
2023
- July 31
The Clean Truck Partnership: California and Truck Manufacturers Sign Historic Deal to Adjust California’s Transition to Zero-Emission Trucks
The Second Quarter of 2023 was a very busy time for those interested in vehicle emissions standards, with EPA releasing two comprehensive sets of proposed rulemakings. On April 12, 2023, the EPA issued a press release announcing separate proposals for new emissions standards for light- and medium-duty vehicles and for heavy-duty trucks. EPA described its proposals as “the most ambitious pollution standards ever for cars and trucks.”
2023
- July 31
NHTSA and FMCSA Issue Notice of Proposed Rulemaking Requiring AEB Systems for Heavy Vehicles
On July 6, 2023, the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) issued a notice of proposed rulemaking to adopt a new Federal Motor Vehicle Safety Standard (FMVSS) requiring automatic emergency braking (AEB) on vehicles weighing more than 10,000 pounds (i.e., heavy vehicles). The proposed rulemaking would also expand FMVSS No. 136’s scope requiring nearly all heavy vehicles to have an electronic stability control (ESC) system. NHTSA and FMCSA are seeking comments and suggestions on any aspect of the proposed rule. Comments are due by September 5, 2023.
2023
- January 9
STB Adopts New Processes to Make Rail Rate Relief More Accessible to Shippers
On December 19, 2022, the Surface Transportation Board (STB) adopted two new processes for shippers to challenge the reasonableness of rail rates: Final Offer Rate Review (FORR) and the Small Rate Case Arbitration Program (Arbitration Program). The STB designed these processes to increase shipper access to rate review for small cases, recognizing that its existing rate-dispute processes pose cost, complexity, and duration challenges that make them unattractive for smaller disputes. Shippers evaluating smaller rail-rate challenges may find that FORR and the Arbitration Program are cost-effective options for addressing unreasonable rail rates.
2023
- January 17
Panel Concludes Automakers May Continue Core Parts “Roll-up” to Meet USMCA’s RVC Passenger Vehicle and Light Truck Requirements
A U.S.-Mexico-Canada Agreement (“USMCA” or “Agreement”) Chapter 31 Dispute Resolution Panel (“Panel”) concluded that automakers may continue to use the longstanding practice of “roll-up” when calculating the percentage of North American-originating materials used in the production of core automotive parts (e.g., engines) that is subsequently factored into the computation for determining the total amount of originating content (the “regional value content” or “RVC”) for passenger vehicles and light trucks.
2022
- June 22
Uyghur Forced Labor Prevention Act Effective June 21: DHS and CBP Issue Highly Anticipated Guidance for Importers
The Uyghur Forced Labor Prevention Act (UFLPA) was passed into law on December 21, 2021, to ensure enforcement of Section 307 of the Tariff Act of 1930, which prohibits the importation of all “. . . goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions.” It creates a rebuttable presumption that all products produced in whole or in part in the Xinjiang Uyghur Autonomous Region or by persons designated to the UFLPA Entity List were produced from forced labor and must be denied entry into the United States pursuant to Section 301 of the Tariff Act. The UFLPA’s provisions are effective as of June 21, 2022.
2022
- June 17
Ocean Shipping Reform Act Addresses Supply Chain Challenges and Carrier Shipping Practices
On June 16, President Biden signed into law the Ocean Shipping Reform Act of 2022 (OSRA), a package of U.S. shipping law reforms that address supply chain disruptions, rising ocean shipping costs, and inadequate vessel service. U.S. agricultural exporters and importers of retail goods and raw materials that depend on competitive and efficient international ocean transportation services have faced ongoing challenges in securing timely and adequate vessel space, skyrocketing shipping costs, and inefficiencies in the pickup and delivery of cargo. OSRA increases the Federal Maritime Commission’s (FMC) authority to address the operating practices of the global ocean shipping lines that service our nation’s seaports.
2022
- January 14
FMC Issues Policy Statements on Private Party Complaints, Including Retaliation Concerns
On December 28, 2021, the Federal Maritime Commission issued three policy statements regarding private party complaints. The statements provide guidance to shippers and other interested parties and are intended to reduce barriers to filing actions at the agency. One specifically addresses shippers’ and other parties’ concerns about retaliation for filing a complaint, concerns that have increased due to ongoing port congestion and challenges impacting the ocean cargo delivery network.
Meet Our Legal Advisor
Karyn A. Booth
Partner and Chair of Transportation Practice
Thompson Hine LLP
Karyn A. Booth
Ms. Booth is a partner and leader of the firm’s Transportation practice group. Based upon interviews with clients and peers, Chambers USA has recognized her as one of the leading lawyers nationwide who represent shippers in rail transportation matters, and she was also identified for her work in road transportation matters.
Ms. Booth represents multinational corporations, trade associations, and transportation intermediaries, such as 3PLs, NVOCCs, freight forwarders and brokers, in domestic and international matters involving multimodal transportation and logistics services. Her practice covers the carriage of goods by rail, motor, vessel and air carriers. Karyn serves as the general counsel to The National Industrial Transportation League, the nation’s oldest and largest shipper organization.
Her practice includes a full range of services with a focus on regulatory compliance and counseling; proceedings before the Surface Transportation Board (STB), Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Maritime Commission (FMC), Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Homeland Security (DHS), Transportation Security Administration (TSA), Customs and Border Protection (CBP), and Federal Aviation Administration (FAA); transportation contracting; transportation security; legislation; and litigation/arbitration of transportation-related disputes.
