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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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2026-08-25T05:00:00Z
Accurate food labeling: A critical defense against undeclared allergens and recalls
“Undeclared allergens” are allergenic ingredients that are present in a food product but are not identified on the product label. Because they can pose serious health risks, undeclared allergens are a leading cause of food recalls. They can occur when an allergen is accidentally omitted from the ingredient statement or the wrong label is applied to a product. Another source is allergen cross-contact during production that results in the unintended presence of an allergen in the finished product.
According to a statistic shared at a 2026 Food Safety Summit food allergens workshop, labeling and packaging errors account for approximately 50 percent of allergen-related incidents. This statistic highlights the essential role that accurate labels play in protecting consumers with food allergies.
The 9 major food allergens
Food allergies can have serious health consequences. The Food Allergy Research & Education (FARE) organization explains that food-allergic reactions result in about 200,000 emergency department visits in the U.S. each year, underscoring the importance of accurate labeling and effective allergen control.
Under the Food Allergen Labeling and Consumer Protection Act (FALCPA), a major food allergen is defined as:
- Milk, eggs, fish, crustacean shellfish (e.g., crab, shrimp, and lobster), tree nuts (e.g., almonds, walnuts, and pecans), peanuts, wheat, soybeans, and sesame; or
- A food ingredient that contains protein derived from any of the major allergens.
The Food and Drug Administration (FDA) enforces FALCPA for most packaged foods. However, meat, poultry, and certain processed egg products (liquid, frozen, and dried) fall under the jurisdiction of a different agency, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS).
Labeling requirements under FDA and USDA/FSIS
Federal regulations generally require foods containing two or more ingredients to include a statement listing ingredients by their common or usual names in descending order of predominance by weight.
Labels on both FDA- and USDA/FSIS-regulated foods must provide key information about the product, including its identity, net quantity of contents, ingredients, the responsible firm’s name and address, and nutrition information unless an exemption applies.
In addition, labels on FSIS-regulated foods must contain:
- Official inspection legend and establishment/plant number, and
- Special handling instructions when required for the product.
Allergen labeling
Allergen labeling requirements hinge on which agency covers the product.
FDA-regulated products must identify, in plain language, the presence of any of the nine major food allergens when they’re used as ingredients. This can be done in one of three ways:
- In the ingredient list, using the allergen’s common name;
- In parentheses following the name of the ingredient, e.g., lecithin (soy) and flour (wheat);
- Immediately after or next to the list of ingredients in a “contains” statement, e.g., “Contains wheat, milk, and soy.”
USDA/FSIS, on the other hand, requires that all ingredients, including those consisting of or containing major allergens, be declared by their common or usual names in the USDA/FSIS-regulated product’s ingredient statement. FSIS also encourages the use of a “contains” statement and other clear allergen-identification practices to help consumers easily recognize the presence of allergens in meat, poultry, and liquid, dried, or frozen egg products.
Key to remember: Accurate allergen labeling supports a stronger culture of food safety and transparency and is essential for protecting consumers with food allergies.
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2026-08-25T05:00:00Z
NewsIndustry NewsBusiness planning - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
Expert Insights: Action required — How scammers are targeting motor carriers
Picture this: You receive an email that warns that your MCS-150 is out of date and you’re about to be shut down, but you can update it “here,” with a link to a website that asks for sensitive information and a credit card number. What do you do?
These messages aren’t new, but there has been an uptick in scams and predatory business practices around MCS-150 updates since the transition to Motus.
Protecting yourself and your company
FMCSA has clearly warned that official communications will come from a .gov email address, not private domains, and that look‑alike or third‑party domains are a common tactic used in fraudulent outreach. Separately, FMCSA has issued multiple fraud alerts noting that scammers and third‑party marketers are sending emails that create urgency around authority issues (like revocations, missing filings, or compliance lapses) and then directing carriers to click links or pay for services.
Watch out for the following red flags when reading these messages:
- Non-government email domains or sender addresses that appear slightly altered;
- Embedded links directing users to unfamiliar login pages;
- Unexpected requests for payment, especially those tied to threats or deadlines;
- Attachments that claim to be compliance documents or renewal notices; and Spelling or formatting inconsistencies, even in otherwise professional looking messages.
What to do if you receive suspicious messages
Simply receiving these messages is not a cause for concern — so long as you do not interact. Instead, you should:
- Avoid clicking links in unsolicited emails, especially those requesting payment or personal data;
- Log in directly to official FMCSA or USDOT portals rather than using email links; and
- Report suspicious emails to the appropriate fraud reporting channels.
Scammers vs. third-party service providers
It is important to note that not every message along these lines comes from a scammer. There are also companies out there looking to help you stay compliant. These companies are called third-party service providers, and they may charge a fee to help motor carriers complete filings, monitor compliance deadlines, or manage updates such as the MCS-150.
Finding a trustworthy third-party service provider
Utilizing an external company to assist with compliance can be a game-changer for many carriers. But how do you know who to trust? Transparency is key. A legitimate provider will clearly explain:
- What service is being performed,
- What the fee covers, and
- That the carrier has the option to complete certain filings directly through FMCSA at no cost.
Be cautious of any company that makes the message look like an official government notice; creates pressure with threats of immediate shutdown; or asks for payment, login credentials, or sensitive company information without clearly identifying who they are and what service they are providing.
Key to remember: Motor carriers should treat unsolicited MCS-150, DOT number, or operating authority messages with caution. Verify requests through official FMCSA channels before interacting with these messages in any way.
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2026-08-25T05:00:00Z
NewsEnglishToxic Substances Control Act - EPAChange NoticesChange NoticeTSCA ComplianceWasteToxic Substances - EPAEnvironmentalSolid WasteWaste/HazWasteNew HampshireFocus Area
New Hampshire adopts PFAS product regulations
Effective date: July 17, 2026
This applies to: Any entity that manufactures or supplies specific consumer products with intentionally added per- and polyfluoroalkyl substances (PFAS)
Description of change: The New Hampshire Department of Environmental Services adopted rules to implement the Per- and Polyfluoroalkyl Substances Products Control Program, which bans certain PFAS-added consumer products from being sold, offered for sale, or distributed for sale or promotional purposes.
The regulations:
- Ban certain products with intentionally added PFAS from being sold or distributed in New Hampshire (unless specifically exempt);
- Establish the certificate of compliance (COC) process, under which manufacturers and suppliers must provide a COC upon request of the department to demonstrate compliance; and
- Establish exemptions.
The ban applies to PFAS-added products manufactured on or after January 1, 2027. Product categories include:
- Carpets and rugs;
- Cosmetics;
- Feminine hygiene products;
- Food packaging and containers;
- Juvenile products;
- Textile furnishings;
- Textile treatments;
- Upholstered furniture; and
- Waxes for use on boats; skis; surfboards; bodyboards; and skimboards.
Examples of exempted products include all products manufactured before January 1, 2027; secondhand products; and products with at least 85 percent recycled content.
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2026-08-25T05:00:00Z
NewsWater PermittingChange NoticesChange NoticeWater ProgramsWater QualityEnvironmentalWater ProgramsEnglishNew HampshireFocus AreaCWA Compliance
New Hampshire requires electronic applications for AOT permits
Effective date: August 6, 2026
This applies to: Projects that will disturb more than 100,000 square feet of terrain (or 50,000 square feet if it’s within the protected shoreline) and projects that will disturb any area with a 25 percent or steeper land slope that’s within 50 feet of surface water
Description of change: The New Hampshire Department of Environmental Services amended the regulations for Alteration of Terrain (AOT) permitting, requiring applicants to submit all permit applications and permits by notification online through its new e-permitting system, NHEnviro.
The department also made other changes, such as:
- Expanding the general permit rule to cover specific steep slope projects, and
- Exempting excavation and mining projects from the 5-acre open area disturbance limit.
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2026-08-24T05:00:00Z
NewsIn-Depth ArticleUSAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsWage and HourWage and HourHours WorkedHR GeneralistFair Labor Standards Act (FLSA)Non-Exempt employees OvertimeFocus AreaHuman Resources
What is the ‘regular rate of pay’ and why does it matter?
Under the federal Fair Labor Standards Act (FLSA), employers must pay nonexempt, “hourly” employees at least the federal minimum wage for all hours worked. They must also pay nonexempt employees overtime at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. The “regular rate of pay” is important in determining how much overtime an employee is paid.
Employers must base the amount of overtime pay due to an employee on an employee’s regular rate of pay and the number of hours worked in a workweek.
Even though employers may determine earnings on a piece-rate, salary, commission, or some other basis, in all such cases, employers must calculate overtime pay based on the average hourly rate resulting from such earnings.
Calculating the regular rate
Employers calculate the regular rate by dividing the total pay (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate.
The formula for figuring out the regular rate is:
Total compensation in the workweek (except for statutory exclusions) ÷ Total hours worked in the workweek = regular rate for the workweek.
If, for example, an employee is paid $20 per hour and he worked 45 hours one week. The total straight time pay is $900. The overtime premium rate is $10 per hour. That means the additional overtime premium is $50, the full overtime rate (1.5x) is $30 per hour, and the gross pay is $950.
The regular rate of pay is based upon facts and may not be circumvented by an agreement.
The regular rate may also not be lower than the federal hourly minimum wage or a state or local minimum wage rate that’s higher than the federal rate.
If the regular rate is higher than the federal FLSA minimum wage, employers must calculate overtime using the higher regular rate.
One of the most common payroll mistakes is when employers multiply only the base wage by 1.5 when the legal overtime base is higher.
Excluded payments
The FLSA has an exhaustive list of types of payments that can be excluded from the regular rate of pay when calculating overtime compensation. Unless specifically noted, employers may not exclude payments from the regular rate nor credit them toward overtime compensation due.
FLSA excludable payments include such examples as:
- Gifts and payments, like gifts on special occasions
- Payments for occasional periods when no work is performed due to vacation, holidays, or illness; reimbursable business expenses; and other similar payments
- Some discretionary bonuses
- Profit-sharing plans
- Employer contributions to benefit plans
- Premium payments for non-FLSA overtime
- Stock options
Why this matters
The reason employers need to know how to calculate an employee’s regular rate of pay is that, if they do it wrong, it can end up costing them hundreds or thousands of dollars in back pay, damages, court fees, etc.
And if the errors happened to more than one employee, these figures could increase and also impact company branding and morale.
Key to remember: An employee’s overtime rate isn't just based on their base wage. The FLSA requires a “regular rate of pay.”
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2026-08-24T05:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsAssociate Benefits & CompensationHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
FMLA leave for menopause-related symptoms
States have begun passing a new kind of employment law. Effective January 1, 2027, Illinois employees with menopause-related conditions will have workplace protections under the Illinois Human Rights Act (IHRA). Rhode Island started this trend when it became the first state to enact such a law in 2025.
According to a Society for Human Resource Management (SHRM) survey, the percentage of employers offering menopause support or resources jumped from 18 percent last year to 27 percent this year. Such benefits include menopause-specific paid leave to help employees manage their condition. Menopause costs employers an estimated $1.8 billion in lost work time per year, according to a 2023 Mayo Clinic study.
All this might have employers wondering whether employees may take leave under the federal Family and Medical Leave Act (FMLA) for menopause-related symptoms.
The answer is YES, in some circumstances.
Is menopause an FMLA-qualifying condition?
The FMLA doesn’t have a list of conditions or symptoms that entitle eligible employees to FMLA leave. Employers must consider whether a condition meets the law’s definition of a serious health condition. That information can be gathered when employers ask for a certification supporting leave.
An FMLA serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Inpatient care generally refers to an overnight stay in a health care facility (like a hospital).
A menopause-related serious health condition involving continuing treatment can include the following:
- A period of incapacity of more than 3 consecutive, full calendar days, and any subsequent treatment.
- Any period of incapacity (or treatment for) a chronic serious health condition requiring treatment at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
- A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
- Any period of absence to receive multiple treatments or a condition that would likely result in a period of incapacity of more than 3 consecutive, full calendar days in the absence of treatment.
Given the wide variety of menopause symptoms and their severity, an employee who’s incapacitated by them would be entitled to take FMLA leave. Menopause isn’t a diagnosis, but a life stage. It could, however, lead to chronic conditions, such as anxiety or depression, hormonal therapy side effects, insomnia, mood swings, and cognitive changes, such as difficulty concentrating or memory lapses.
An employee may also take FMLA leave to care for a family member (such as a spouse) who’s suffering from menopause issues or is seeking medical treatment to curb the symptoms.
Key to remember: Employees aren’t automatically entitled to FMLA leave for menopause but can be if their symptoms are severe.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.