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2026-11-10T06:00:00Z
NewsIndustry NewsBusiness planning - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationBusiness planning - Motor CarrierUSA
Follow the freight: When an intrastate trip becomes interstate
When most carriers think about interstate commerce, they picture a truck crossing a state line. A driver picks up a load in Wisconsin and drops it off in Illinois. That's clearly interstate.
But what if the truck never leaves Wisconsin? That trip could still be interstate commerce.
Under the federal definition in 49 CFR 390.5, interstate commerce includes transportation between two places in the same state when that transportation is part of trade, traffic, or transportation that starts or ends outside of that state or country.
This means you can't just look at the route your truck takes. You also need to know where the freight came from, where it's headed, and how the whole movement works.
Look beyond the truck’s route
In other words, a trip can stay entirely inside one state and still be interstate if it's one piece of a larger movement that starts or ends somewhere else.
Say your driver picks up freight at a Wisconsin warehouse and delivers it to a customer elsewhere in Wisconsin. The truck never leaves the state, but if that freight came from another state and your delivery is part of that same continuing movement, the trip could still be classified as interstate.
Likewise, if your driver hauls freight to a Wisconsin rail terminal and the freight continues by rail to another state, your part of the trip may be considered interstate commerce.
For passenger carriers, this may look like picking up passengers from the airport and driving them to their hotel. If their flight took off in a different state, you are operating interstate.
The question isn't just, "Did our driver and vehicle cross a state line?" It's, "How does our trip fit into the overall movement of the freight?"
Five questions to ask
Before you call an operation intrastate just because the truck stays in one state, ask yourself:
- Where did the freight (or passengers) originate?
- Where was it headed when the shipment began?
- Did it come from another state or country?
- Will it continue to another state or country after my part of the trip?
- Is my trip just one leg of a larger movement?
Shipping documents, bills of lading, customer orders, and distribution arrangements can help you answer these questions.
Why the distinction matters
If you treat an interstate movement as intrastate, you could end up applying the wrong federal and state requirements. That can include:
- Federal Motor Carrier Safety Regulations applicability;
- USDOT registration;
- Driver qualification requirements;
- Hours-of-service requirements;
- Drug and alcohol testing requirements, when applicable;
- Unified Carrier Registration (UCR); and
- State-specific registration or operating requirements.
Please note being interstate doesn't automatically mean every federal motor carrier rule applies. To determine what applies, you'll still need to look at vehicle weight or passenger capacity, the type of operation, whether a CDL is required, any exceptions or exemptions, and the specific regulation in question.
But you can't make those calls correctly if you've incorrectly classified your transportation as intrastate from the start.
Key to remember: The state line isn't always the dividing line between interstate and intrastate commerce. A truck can spend its whole trip in one state and still be part of interstate commerce. That's why it pays to look past the route on the map and follow the freight.
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2026-11-10T06:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)In-Depth ArticleTime offLeaveHR ManagementEnglishUSAAssociate Benefits & CompensationIndustry NewsHR PoliciesEmployee BenefitsPolicies and ProceduresEmployee BenefitsHR GeneralistAssociate RelationsFocus AreaHuman Resources
Employer beware: 11 percent of employees plan to take off November 19
The popular video game series Grand Theft Auto (GTA) has been around for years. On November 19, however, the latest version (VI) of the game is scheduled to drop. GTA fans are chomping at the bit for it, but employers aren’t playing games when it comes to employee attendance.
According to Zety, a professional career site, 11 percent of workers plan to take time off or adjust their schedules for the release. Employees might simply call in sick, ask for vacation, request paid time off (PTO), or ask to work remotely.
Taking time off for major cultural events isn’t new. People have long enjoyed blockbuster occasions, such as:
- Sporting events (i.e., World Series, Super Bowl, Olympics, World Cup);
- Concerts or album releases (i.e., Taylor Swift); or
- Other big entertainment days.
Employers, however, might want to be prepared for higher absences on November 19 and beyond.
While a concert or sporting event might last a few hours, people will want to take some extra time to actually play GTA VI. That extra time off might run into the Thanksgiving holiday the following week.
Employers might experience dips in production resulting from increased absenteeism.
GTA is NOT FMLA
To help curb potential leave abuse, employers might want to keep a close watch on employees who have been approved to take leave under the federal Family and Medical Leave Act (FMLA), particularly intermittent leave. They might try to claim time off for GTA as FMLA leave. Employers shouldn’t jump to conclusions, but they can carefully review the certification to ensure it supports the time off.
PTO policies
Employers generally govern their company policies regarding PTO or vacation time. Thus, they have the wiggle room to deny requested time off if work demands are high. In light of the upcoming video game release rolling into Thanksgiving week, employers might want to remind employees of this and note that PTO requests will be scrutinized and that violating company policies could result in discipline.
State laws
A few states, such as Illinois, Maine, and Nevada, have laws that entitle employees to take leave for any reason. Employees, however, must give employers notice of the leave, and might have to schedule leave to prevent undue hardship on the employer’s operations.
Key to remember: Employers might want to prepare for a smaller workforce on and after November 19 due to the release of the latest version of a popular video game.
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NewsIndustry NewsEnglishFleet SafetyDriver qualificationsMonthly Roundup VideoFood SafetyDriver qualification and hiringFocus AreaUSAFleet TaxesFleet taxesTransportationVideo
Transportation Monthly Round Up - October 2026
In this October 2026 round up video, we'll discuss the most impactful transportation news.
In this October 2026 round up, we will discuss recent trucking concerns from The American Transportation Research Institute, an amendment to the International Fuel Tax Agreement, and an NRII update.
The American Transportation Research Institute (ATRI) releases its 22nd Annual Top Industry Report, revealing fuel costs remain the top concern and including new and repeat issues. The top issues include:
- Fuel Prices,
- Lawsuit Abuse Reform,
- Compliance, Safety, Accountability (CSA) and Insurance Cost/Availability,
- Artificial Intelligence regarding trucking, and
- Diesel Emissions Regulations.
The economy held the top spot on the report 3 years previously, dropping to number 6 in this year’s report. Workforce issues returned to the top 10 this year, with driver shortage and compensation both ranking in the top 10 as well.
Effective January 1, 2027, an amendment to the International Fuel Tax Agreement (IFTA) Procedures Manual specifies that an accepted transaction listing for fuel tax credit must be generated by the third-party fuel card system involved in the original fuel purchase transaction.
Previously, the manual generally allowed a transaction listing “generated by a third party.” Under the revised requirement, the listing must come specifically from the third-party fuel card system involved in the original purchase transaction.
This change matters primarily to IFTA licensees that:
- Claim tax-paid fuel credit and rely on fuel-card transaction listings instead of individual receipts; or
- Use third-party administrators or reporting platforms to compile fuel purchase data.
The Federal Motor Carrier Safety Administration (FMCSA) has confirmed that the 60-day exemption allowing CDL holders to rely on a paper medical examiner's certificate (MEC) after a DOT physical examination expired after October 11, 2026, for every state except Alaska.
CDL drivers licensed in all other 49 states and the District of Columbia, and their employers, may no longer rely on the paper medical cards as proof of the driver's medical certification for any period of time as of October 12, 2026.
FMCSA recently announced a 1-year renewal of the exemption exclusively for Alaska because it remains the only state that has not yet implemented the National Registry II (NRII) electronic medical certification integration process. The exemption for Alaska CDL and CLP drivers will be valid from October 12, 2026, through October 12, 2027.
That’s it for this month’s round up. Stay safe, and thanks for watching.
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NewsGreenhouse GasesAir QualityEnforcement and Audits - OSHAToxic Substances Control Act - EPAToxic Subtances Control Act - EPAAir EmissionsTSCA ComplianceLockout/TagoutWater QualityWater ProgramsMonthly Roundup VideoCAA ComplianceFire Protection and PreventionUSACWA ComplianceEnglishIndustry NewsLockout/TagoutOSHA InspectionsSafety & HealthGeneral Industry SafetyEnvironmentalFocus AreaFire Protection and PreventionAir ProgramsStationary Emission SourcesVideo
EHS Monthly Round Up - October 2026
In this October 2026 roundup video, we'll review the most impactful environmental, health, and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Let’s take a look at what happened over the past month.
A Department of Labor Office of Inspector General investigation found that OSHA may have conducted certain small employer inspections in low-hazard industries that did not comply with its appropriations acts. The investigation stemmed from a September 2025 hotline complaint. OSHA disputes the findings, and its review of the cases and the Inspector General’s recommendations is ongoing.
OSHA issued guidance to help employers respond to opioid emergencies. The factsheet provides employers with practical information on recognizing the signs of an overdose and responding immediately.
The National Institute for Occupational Safety and Health published toolbox talks addressing workplace fire hazards and lockout/tagout. The talks highlight the importance of fire prevention programs and following lockout/tagout procedures.
Turning to environmental news, EPA proposes to reallocate the excess 2025 small refinery exemption volumes to the 2026 and 2027 compliance years. The proposed rule would adjust the renewable volume and percentage standards for biomass-based diesel, advanced biofuel, and total renewable fuel. The deadline for public comments is December 4.
EPA further extended the submission deadline for the reporting year 2025 annual greenhouse gas report from October 30, 2026, to March 10, 2027. This applies to facilities subject to the greenhouse gas reporting program.
EPA proposes to extend additional compliance dates for the trichloroethylene risk management rule finalized in 2024. If finalized, the rule would delay compliance deadlines for certain chemical processors and refrigerant manufacturers.
And finally, EPA extended the compliance date to submit Facility Response Plans for worst-case discharges of Clean Water Act hazardous substances by 3 years, to June 1, 2030. Effective December 14, the final rule also removes provisions related to climate change and environmental justice.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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NewsSexual HarassmentSexual HarassmentMonthly Roundup VideoTerminationFamily and Medical Leave Act (FMLA)USAFamily and Medical Leave Act (FMLA)HR ManagementEnglishTerminationHuman ResourcesAssociate Benefits & CompensationIndustry NewsHR GeneralistAssociate RelationsFocus AreaVideo
HR Monthly Round Up - October 2026
In this October 2026 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
My HR colleagues and I get a lot of questions about whether a company can fire someone who’s on job-protected leave under the federal Family and Medical Leave Act. While the short answer is, “it depends,” a recent federal court case out of Ohio shows how one employer terminated an employee who was on FMLA leave and won its case.
This gist of the story is, an employee was taking FMLA leave for medical treatments and occasionally came into work late. HR investigated their timekeeping records from the company’s mobile timekeeping app and discovered that the employee had clocked in 33 times from outside of work, even though company policy prohibited employees from doing so.
The employer fired the employee, who then sued. The court, however, agreed with the employer that the policy violation, not the employee’s FMLA leave, was the reason for the termination and ruled in the employer’s favor.
In other news, on October 13th, the Equal Employment Opportunity Commission announced that it settled a $3 million sexual harassment and retaliation lawsuit against a restaurant chain with 15 locations in California and Nevada. Both supervisors and employees at multiple locations repeatedly subjected female employees to sexual harassment, the suit alleged.
Female employees complained to their employer about the harassment, but the restaurant didn’t stop it and retaliated against many of them. As a result, several female employees resigned.
The alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits a hostile workplace environment based on sex, including sexual harassment, as well as retaliation against individuals who complain about sexual harassment.
And, finally, on October 19th, the U.S. Department of Labor announced that it withdrew three opinion letters from decades ago that pertained to tipped employees performing dual jobs, otherwise known as the “80/20” rule.
The DOL issued a new field assistance bulletin addressing how employers should treat tipped employees with dual jobs under the Fair Labor Standards Act. Some courts might disregard the agency’s interpretation and look to related case law. Employers should also note that state or local laws on tipped wages might come into play.
A notice of proposed rulemaking is in the works that would amend the FLSA regulations for tipped employees. A proposed rule was scheduled for August, but the DOL missed that time frame. Public comments will be welcome on the proposed rule once it’s published in the Federal Register.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
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2026-11-09T06:00:00Z
NewsIndustry NewsSafety & HealthWork-Relatedness DeterminationConstruction SafetyGeneral Industry SafetyIn-Depth ArticleUSAEnglishFocus AreaInjury and Illness Recordkeeping
It happened at work. Is it OSHA recordable?
An employee gets hurt at work, and one of the first questions you may ask is, “Is this recordable?”
That’s an important question, but it may not be the best place to start. An injury happening at work doesn’t automatically mean it goes on the OSHA 300 Log. First determine whether it’s work-related. From there, determine whether it’s a new case and whether it meets one or more of OSHA’s recording criteria.
Start with work-relatedness
Under 29 CFR 1904.5, an injury or illness is work-related if an event or exposure in the work environment caused or contributed to the condition or significantly aggravated a pre-existing injury or illness. OSHA also presumes an injury or illness is work-related when it results from an event or exposure in the work environment unless a specific exception applies.
The work environment is broader than the spot where an employee normally does their job. It generally includes the workplace itself, along with other locations where employees are working or are required or expected to be because of their jobs. It also includes equipment and materials employees use while working.
In simple terms, don’t focus only on whether the employee was doing their normal job when the injury happened. Look at where they were, why they were there, what they were doing, and whether something in the work environment caused or contributed to the injury.
The exceptions matter
Even when an injury or illness happens in the work environment, it isn’t automatically work-related. OSHA recognizes specific exceptions under 1904.5(b)(2), including:
- Being at the workplace as a member of the general public rather than as an employee;
- Signs or symptoms that surface at work but result solely from a non-work-related event or exposure outside the work environment;
- An injury or illness resulting solely from voluntary participation in certain wellness, medical, fitness, or recreational activities;
- An injury or illness resulting solely from eating, drinking, or preparing food or drink for personal consumption;
- An injury or illness resulting solely from personal tasks unrelated to employment performed at the establishment outside assigned working hours;
- An injury or illness resulting solely from personal grooming, self-medication for a non-work-related condition, or an intentionally self-inflicted injury;
- A motor vehicle accident in a company parking lot or access road while commuting to or from work;
- The common cold or flu; and
- Mental illness, unless the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience stating that the mental illness is work-related.
If one of these exceptions fits the situation, OSHA doesn’t consider the case work-related.
Pay attention to “solely”
You may have noticed that “solely” shows up in several of those exceptions. That little word can make a big difference.
For example, OSHA explains that if an employee has an epileptic seizure at work, falls, and breaks an arm, neither the seizure nor the broken arm is recordable if both resulted solely from the employee’s non-work-related medical condition.
Change the circumstances, though, and you could change the answer. Say a chemical exposure at work helped trigger the seizure. Now the work environment contributed, and the case may be work-related.
Don’t create your own exceptions
Some cases just don’t feel work-related.
Maybe the employee made a poor decision. Maybe the incident wasn’t preventable. Maybe it was outside the employer’s control. Or maybe it had little to do with the employee’s normal job.
Those things, by themselves, don’t make a case non-work-related. What matters is whether something in the work environment caused or contributed to the injury or illness. If it did, OSHA presumes the case is work-related unless one of its specific exceptions applies.
OSHA reinforced that approach in a 2023 interpretation involving workplace violence. The agency explained that work need only be a “tangible, discernible causal factor.” A case isn’t excluded simply because the incident wasn’t preventable or was outside the employer’s control.
There’s still more to consider
Even if you’ve determined the injury or illness is work-related, that doesn’t automatically put it on the OSHA 300 Log.
Under 29 CFR 1904.7, you still need to determine whether it meets one or more of OSHA’s general recording criteria, such as death, days away from work, restricted work or job transfer, medical treatment beyond first aid, loss of consciousness, or a significant injury or illness diagnosed by a physician or other licensed health care professional. 1904.7 - General recording criteria
Key to remember: An injury happening at work doesn’t automatically make it OSHA recordable. Start with work-relatedness, check whether an exception applies, then determine whether it meets OSHA’s recording criteria.
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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.