Katapult

Blog Posts by Tag: "workers compensation"

Bryan T. Symes

Motor Carrier’s “100% Healed” Policy Does Not Give Rise to Per Se Disability Discrimination Under Prior Regulatory Scheme

Recently, the federal U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Wisconsin, Illinois and Indiana) opined that a motor carrier’s “100% healed” policy—through which the carrier insisted that its employees be “100% healed” following medical leaves of absence, does not necessarily support employee claims under the federal Americans with Disabilities Act (“ADA”). The case is Powers v. USF Holland, Inc., Case No. 10-2363 (7th Cir. 2011).... Read More

Trent Tillman

An Introduction to Mitigating Risk while Utilizing Independent Contractors

By leveraging a non-asset based platform with IC's, Motor Carriers (MC) are able to grow while mitigating the significant costs of employee drivers (EE's) and company owned units by leveraging a non-asset based platform with independent contractors (IC).

However, one should consider that while an IC fleet can be a great operational resource, there are inherit risks associated with their utilization.One of the biggest challenges a Motor Carrier faces is maintaining the IC Status of its fleet and defending an IC-to-EE reclassification challenge - an outcome to be avoided at all costs as the financial risks from the IRS & Workers' Compensation (WC) claims/audits could threaten the very existence of the company.... Read More