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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.
Regulatory Compliance News & Updates
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FEATURED NEWS
2026-05-18T05:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistFair Labor Standards Act (FLSA)In-Depth ArticleHR ManagementEnglishFocus AreaHuman ResourcesUSA
Paying employees a salary isn’t enough to classify them as exempt
Employers often refer to their exempt employees as “salaried” and their nonexempt ones as “hourly.” This is logical, at least to a degree. Paying employees on a salary basis alone, however, isn’t enough to classify them as exempt from the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA).
Usually, the exemption applies to white-collar workers; those who fall under the executive, administrative, or professional provisions of the FLSA. To be able to classify these employees as exempt, employers must ensure that the employees meet three criteria:
- They are paid on a salary basis,
- They are paid at least $684 every week, and
- They meet certain tests regarding their job duties.
The biggest challenge stems from the duties tests. These tests differ depending on whether the employee falls under the executive, administrative, or professional exemption.
Some states or cities might have a higher salary threshold or certain job duty requirements that employers must follow. The FLSA is the baseline.
To qualify under the executive exemption:
- The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
- The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
- The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees must be given particular weight.
To qualify under the administrative provision:
- The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
- The employee’s primary duty must include exercising discretion and independent judgment with respect to matters of significance.
To qualify under the learned professional provision:
- The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character, and which includes work requiring the regular exercise of discretion and judgment;
- The advanced knowledge must be in a field of science or learning; and
- The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
To qualify under the creative professional provision:
- The employee’s primary duty must be the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor;
- The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
- The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
Employers shouldn’t rely on job titles for these exemptions, but rather on the employees’ job duties. An administrative assistant, for example, would likely not qualify for the administrative exemption.
Key to remember: Employers may classify employees as “exempt” only if the employees are paid on a salary basis, are paid a certain amount every week, and perform certain duties.
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RECENT INDUSTRY HIGHLIGHTS
2026-05-18T05:00:00Z
NewsCommercial drivers license CDLFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTChange NoticesChange NoticeCommercial drivers license CDLFocus AreaEnglishTransportationUSA
FMCSA Proposed Rule: Fees for Commercial Driver’s License Information System
FMCSA proposes to implement a user fee as authorized by Congress in the “Strengthening the Commercial Driver's License Information System Act” applicable to State driver licensing agencies (SDLAs) for accessing the Commercial Driver's License Information System (CDLIS). The fees would be collected by the American Association of Motor Vehicle Administrators (AAMVA), the organization that represents the State agencies responsible for complying with the Federal regulations concerning the commercial driver's license (CDL) program. AAMVA operates and maintains CDLIS on behalf of FMCSA.
DATES: Comments must be received on or before June 17, 2026. Published in the Federal Register May 18, 2026, page 28514.
View proposed rule.
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2026-05-18T05:00:00Z
NewsIndustry NewsSafety & HealthGeneral Industry SafetyFocus AreaIn-Depth ArticleEnglishMachine GuardingMachine GuardingUSA
Addressing machine hazards: Common questions answered
When workers operate or work around machinery, employers are often faced with practical safety questions that aren’t directly addressed in OSHA’s regulations. Common issues such as loose clothing, long hair, guard openings, and control devices like foot pedals are not always covered by the regulatory text. The following questions and answers clarify what OSHA requires when protecting workers from common machine-related hazards.
Can we prohibit loose clothing, long hair, or jewelry for workers operating machinery?
OSHA doesn’t specifically address this in its machine guarding regulation (29 CFR 1910.212). However, agency guidance clearly recognizes these items as hazards around moving machinery:
- Safeguarding Equipment and Protecting Workers from Amputations (OSHA 3170) advises employers to instruct workers not to wear gloves, jewelry, or loose-fitting clothing when operating grinding machines and to secure long hair.
- OSHA’s woodworking eTool similarly states, “Do not allow workers to wear loose clothing or long hair. Loose clothing or long hair can be easily caught up in rotating parts.”
Employers are expected to address recognized hazards in their workplace. As a result, many employers adopt policies restricting loose clothing, long hair, or jewelry when working near machinery. OSHA may issue citations under the General Duty Clause (Section 5(a)(1) of the OSH Act) or the machine guarding standard if workers are exposed to entanglement hazards.
Is there a maximum opening size before a machine guard is required?
OSHA’s machine guarding standard doesn’t specify a maximum opening size before a guard is required. Instead, it requires that the guard be “in conformity with any appropriate standards” and designed and constructed to prevent operators from having any part of their body in the danger zone during the operating cycle.
OSHA refers to the following “appropriate standards”:
- ANSI B11.0, Safety of Machinery
- ANSI B11.19, Performance Requirements for Risk Reduction Measures: Safeguarding and other Means of Reducing Risk
- NFPA 79, Electrical Standards for Industrial Machinery
Additionally, there are several machine-specific ANSI B11 series standards, all of which can be viewed here. These standards provide detailed guidance on guard openings, reach distances, and risk reduction methods.
Must foot pedals used to operate machinery be guarded or have a cover?
If unintentionally pressing on a foot pedal exposes workers to a hazard, OSHA expects employers to implement protective measures, such as guarding or covering the pedal. Although there are no foot pedal requirements in OSHA’s machine guarding standard, its Mechanical Power Presses standard (29 CFR 1910.217) offers some, such as:
- The pedal must be protected against accidental operation (e.g., from falling objects or unintended contact).
- The pedal must have a nonslip contact surface.
- Return springs must be designed to prevent failure.
- Counterweights must have enclosed travel paths.
Key to remember: Even in situations where OSHA does not provide detailed regulatory requirements, recognized hazards like entanglement or unintended machine activation must still be controlled.
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2026-05-18T05:00:00Z
NewsTransportationUSAHR ManagementEnglishDriver recruiting and retentionDriver recruiting and retentionTalent Management & RecruitingAssociate Benefits & CompensationDiscriminationGender DiscriminationDiscriminationIndustry NewsIndustry NewsRecruiting and hiringRecruiting and hiringHR GeneralistFleet OperationsApplications/ApplicantsAssociate RelationsFocus AreaHuman Resources
Trucking company to pay $5.5M for not hiring qualified female drivers
A nationwide trucking company will pay $5.5 million to settle a sex discrimination claim for refusing to hire qualified female drivers for the past 10 years. The U.S. Equal Employment Opportunity Commission (EEOC) announced the resolution in a May 15 press release. The money will go to the four original complainants and a class of other qualified female truck drivers who applied but weren’t hired.
The EEOC lawsuit alleged that the trucking company, based in Michigan, repeatedly passed over qualified female truck driver applicants throughout the U.S. Instead, the company often hired male truck drivers, many of whom were less qualified or had less experience. Many female applicants reported that company personnel across the country subjected them to different hiring procedures than those used for male applicants.
Several female driver applicants also saw the trucking company throwing their job applications in the trash at local truck terminals, according to the lawsuit. Further, at a West Virginia truck terminal, the dispatcher informed a female applicant that corporate offices had instructed him not to hire any female truck drivers.
In addition to monetary relief, the company must allow affected applicants to apply for positions and take part in the company’s recruitment and hiring processes free from sex-based discrimination and retaliation for participating in the lawsuit.
The company will also:
- Hire an outside consultant to review its hiring policies, practices, and procedures to ensure full compliance with Title VII of the Civil Rights Act of 1964;
- Institute training on its anti-discrimination policies, including training on its recordkeeping obligations and the filing of EEO-1 reports as required by current law; and
- Appoint someone to review and verify the implementation of the settlement terms, and report on compliance to the EEOC.
Key to remember: It’s illegal for employers to reject qualified women for jobs based on their sex. A trucking company now owes steep fines because of such violations.
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2026-05-15T05:00:00Z
NewsIndustry NewsHuman Resource ManagementHuman Resource ManagementAudits - HRHR GeneralistExpert InsightsUSAAssociate RelationsEnglishHR ManagementFocus AreaHuman Resources
Sunny day, sweeping noncompliance risk away
Remember the Count from Sesame Street? He always says he “loves to count things,” but I think he could get a side gig counting people to help employers understand which federal employment laws apply to them.
Counting is important for employers because determining which federal employment laws apply to a company depends on how many employees the company has. Here’s a breakdown of which federal employment laws employers must follow based on the number of employees they have on staff:
Employers with 1 or more employees must comply with the:
- Employee Polygraph Protection Act
- Employee Retirement Income Security Act
- Equal Pay Act and the Fair Labor Standards Act
- National Labor Relations Act
- Occupational Safety and Health Act
- Uniformed Services Employment and Reemployment Rights Act
Employers with 15 or more employees must also comply with the:
- Americans with Disabilities Act
- Genetic Information Nondiscrimination Act
- Pregnancy Discrimination Act
- Title VII of the Civil Rights Act of 1964
Employers with 20 or more employees must also comply with the:
- Age Discrimination in Employment Act
Private employers with 50 or more employees must also comply with the:
- Family and Medical Leave Act
Employers with 100 or more employees must also comply with the:
- Worker Adjustment and Retraining Notification Act
Those are the federal employment laws. States have their own definitions of which employers are covered, so the Count had better prepare to go on a national tour.
The bottom line is that employers must be aware of which employment laws apply to them, and that depends on how many employees they have. So put on your vampire cape and get counting like the Count would. “One employee, two employees, three employees … Wah, ha, ha, ha!”
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2026-05-15T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyOperating AuthorityFocus AreaBrokers and brokering freight - Motor CarrierFleet OperationsEnglishTransportationUSA
Freight broker liability just got real: What the Supreme Court decision means for trucking
A recent U.S. Supreme Court decision is expected to change how freight broker liability is evaluated, with direct implications for brokers, shippers, and carriers. In Montgomery v. Caribe Transport II, LLC, the Court held that negligent hiring claims against brokers aren’t blocked by federal law when safety is involved.
The ruling turns on the safety exception in the Federal Aviation Administration Authorization Act, which preserves a state’s ability to regulate safety with respect to motor vehicles, even when other state rules related to prices, routes, or services may be preempted.
The case arose from a crash in which driver Shawn Montgomery alleged that broker C.H. Robinson failed to use reasonable care when it selected a motor carrier. Reports on the decision noted allegations that the carrier had a conditional Federal Motor Carrier Safety Administration (FMCSA) safety rating and a history of safety problems tied to driver qualification, hours of service, maintenance, and crash history — all factors plaintiffs will emphasize when challenging broker selection decisions.
The Court didn’t say brokers will always be liable, but it did make clear that these cases can proceed under state negligence standards when they concern motor vehicle safety.
Properly vet carriers
The ruling reinforces that carrier selection is a safety and risk management responsibility. This raises the bar for due diligence. Brokers should be able to show how and why a carrier was deemed safe to use. Broker files, screens, and decision logs may be examined with the same intensity carriers already face during audits and post-crash investigations. That expectation will reshape everyday broker workflows nationwide.
This decision pushes three operational changes.
- First, brokers may be held accountable for the carriers they select, so onboarding and tendering should be tied to consistent criteria rather than informal judgment.
- Second, safety history and driver qualification signals carry more weight because litigants will look for red flags and argue that a reasonable broker should have acted differently.
- Third, brokers should assume their vetting records and exception approvals will be requested and analyzed after a serious incident.
How J. J. Keller & Associates, Inc. can help
Now’s the time to evaluate how safety data is reviewed, which criteria guide carrier selection, and whether decisions are clearly documented. J. J. Keller teams have already pointed to a Carrier Review Risk Assessment as a practical fit for this environment. Learn more at https://www.jjkellerconsulting.com/transportation-consulting/carrier-risk-review-service.
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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.