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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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FEATURED NEWS
2026-06-11T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)New JerseyLeaveFamily and Medical Leave Act (FMLA)Time offEnglishLeaveHR ManagementAssociate Benefits & CompensationDisability BenefitsChange NoticesChange NoticeHR GeneralistAssociate RelationsFocus AreaHuman Resources
New Jersey Family Leave Act expanded
Effective date: July 17, 2026
This applies to: Employers with 15 or more employees in New Jersey as of July 17, 2026.
Description of change: More employers will be covered by the law, and more employees will be eligible to take New Jersey Family Leave Act (NJFLA) leave.
On July 17, 2026, employers with 15 or more employees are covered by the law.
Currently, for employees to be eligible for NJFLA job-protected leave, they must have:
- Worked for the employer for at least 12 months, and
- Performed at least 1,000 hours of work in the last 12 months.
The law is changed such that for employees to be eligible for NJFLA, they must have:
- Worked for the employer for at least 3 months, and
- Performed at least 250 hours of work in the preceding 3 months.
Employees who utilize New Jersey Temporary Disability Insurance benefits (TDI) for their own medical needs have additional protections. Employers must restore employees to their position or a position of equivalent seniority, pay, and benefits upon their return.
Employees control the sequence of what form of leave to use, whether TDI, NJFLA, or earned sick leave; thereby allowing stacking of leave. Employers may not dictate the sequence.
View related state info: FMLA – New Jersey
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RECENT INDUSTRY HIGHLIGHTS
2026-06-10T05:00:00Z
NewsWage and Hour Division (WHD), DOLIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
Will the World Cup trigger more FMLA usage (or leave abuse)?
Eleven U.S. cities, including Kansas City, Boston, and Seattle, are hosting World Cup games this year, which run from June 11 to July 19. Many fans might want to take some time off from work to watch the games, either in person or on television. Employers might want to be prepared, particularly if employees appear to use leave under the federal Family and Medical Leave Act (FMLA) to watch the games.
Employers should, however, ensure they don’t run afoul of the FMLA and grant leave to employees who take it for a qualifying reason.
In light of this, the U.S. Department of Labor (DOL) issued a recent announcement stating: “The Department of Labor is here to support employers in each of the U.S. cities hosting World Cup games.”
The DOL also said it encourages employers that identify certain FMLA violations to use the Payroll Audit Independent Determination (PAID) program to correct mistakes and provide appropriate compensation and remedies for affected employees.
One of an employer’s best practices for avoiding FMLA leave abuse when employees take FMLA leave for a medical reason is the certification. It should tell employers when to expect the employee to need time off.
If an employee takes substantially more leave than the certification indicates, the employer may ask for a recertification. Employees have at least 15 calendar days to get a completed certification back to the employer, but if the employer learns that an employee took time off for a reason that didn’t qualify for FMLA leave, the employee loses those job protections. The employer could, then, apply its company policies to unauthorized leave, which could lead to employee discipline, up to and including termination.
Employers might want to double down on reviewing the information in certifications if employees appear to be abusing FMLA leave during the World Cup.
Key to remember: Major events like the 2026 World Cup can trigger additional FMLA issues, so employers should be prepared.
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2026-06-10T05:00:00Z
NewsIndustry NewsEnglishEye and Face ProtectionPersonal Protective EquipmentSafety & HealthConstruction SafetyFall ProtectionWalking Working SurfacesFall Protection for ConstructionIn-Depth ArticleLaddersScaffolding and Mobile Work Platform SurfacesFocus AreaUSA
Top 5 construction violations for small employers
For smaller construction employers (those with fewer than 100 employees), understanding where violations most often occur can help focus limited resources on the controls and work practices that protect employees and prevent costly surprises during an inspection. The top five most frequently cited OSHA standards are:
- 1926.501 – Duty to have fall protection
- 1926.1053 – Ladders
- 1926.503 – Fall protection – Training requirements
- 1926.451 – Scaffolds - General requirements
- 1926.102 – Eye and face protection
*Data reflect citations from October 2024 through September 2025, for employers covered by federal OSHA.
Fall protection for construction
Most construction companies must follow some provisions of the fall protection rule at 29 CFR 1926 Subpart M. It sets a threshold height of six feet, meaning that employers must protect employees from fall hazards and falling objects whenever an affected employee is six feet or more above a lower level. Although not all employees may be working at such a height, they might need protection from falling objects.
Protection must also be provided for construction workers who are exposed to the hazard of falling onto dangerous equipment; for example, working over machinery with open drive belts, pulleys or gears, or open vats of degreasing agents or acid.
Initially, employers must assess the workplace to determine if walking-working surfaces have the necessary strength and structural integrity to safely support workers. Once it’s determined that the work surfaces will safely support the work activity, the employer must determine whether fall protection is required per 1926.501. If fall protection is required, select and provide workers with fall protection systems that comply with the criteria at 1926.502.
A competent person, as defined in 1926.503, must train employees to recognize fall hazards and how to minimize them. Employers must keep a written certification record of training that contains the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer. If the employer relies on training conducted by another employer, the certification record must indicate the date the employer determined the prior training was adequate rather than the date of actual training.
Ladders
When working from a ladder, the fall protection is setting up and using the ladder correctly per the regulations at 1926 Subpart X—Stairways and ladders. Safe ladder use is outlined in 1926.1053(b). There is no other fall protection required for ladders.
When portable ladders are used for access to an upper landing surface, the ladder side rails must extend at least three feet above the upper landing surface to which the ladder is used to gain access. Other common violations are using the top step of a ladder as a step and using ladders for other than their intended purpose.
Scaffolds
Scaffold-related fatalities account for a significant number of fatalities at construction jobsites. OSHA’s standard at 1926 Subpart L sets performance-based criteria to protect employees from scaffold-related hazards such as falls, falling objects, structural instability, electrocution, or overloading. It also addresses training and various types of scaffolds, as well as falling object protection, ladders, weather conditions, aerial lifts, and stilts.
Eye and face protection
Eye or face protection must be provided to employees exposed to flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation. OSHA requires many categories of personal protective equipment (PPE) to meet or be equivalent to standards developed by the American National Standards Institute (ANSI).
Employee training must include an explanation of hazard exposures, proper use and fit of PPE, and proper maintenance and storage procedures.
Key to remember: Falls, ladders, scaffolds, PPE, and training issues drive the top violations for small construction employers. Proactively addressing these areas can help employers protect employees and avoid costly penalties.
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2026-06-10T05:00:00Z
NewsIndustry NewsRecruiting and hiringAssociate RelationsHR GeneralistBackground ChecksIn-Depth ArticleFair Credit Reporting Act (FCRA)HR ManagementEnglishUSAFocus AreaTalent Management & RecruitingHuman Resources
Applicant says trucking company’s background check forms were too confusing and files class action
An applicant for a trucking job alleged that the company violated the Fair Credit Reporting Act (FCRA) by making background check disclosure forms too complicated. He filed a class action on behalf of applicants and employees who had received the forms.
In Askins v. CRST Expedited, Inc., a California appellate court addressed whether workers or job applicants must show actual harm in order to sue under the federal FCRA for improper background check disclosures.
Background
The complainant had applied for a job with a trucking company. During the hiring process and employment, the company conducted background checks and provided disclosure and authorization forms related to those checks.
The FCRA requires background check forms to be stand-alone documents. It states that before a background check, called a consumer report, can be ordered for employment purposes, a document that “consists solely of the disclosure that a consumer report may be obtained for employment purposes” must be provided to the applicant or employee.
The complainant alleged, however, that the forms provided by the trucking company violated the FCRA because they:
- Were confusing,
- Contained extraneous information, and
- Didn’t comply with the law’s standalone disclosure requirements.
He filed a class action on behalf of applicants and employees who allegedly received noncompliant disclosure and authorization forms before background checks were obtained. A trial court initially certified the class, but later, relying on another California case, Limon v. Circle K Stores Inc., the employer argued the class should be decertified because the driver couldn’t show a “concrete injury” or actual harm from the alleged FCRA violations. The trial court agreed and decertified the class. An appeal was filed.
Appellate court’s decision
The California Court of Appeal reversed the decertification order and held that:
- The FCRA allows recovery of statutory damages for willful violations even when no actual harm or concrete injury can be proven; and
- A violation of the employee’s statutory rights under the FCRA is enough to establish standing in California state court.
The court emphasized that Congress intentionally created statutory damages under the FCRA to allow claims even where measurable harm couldn’t be shown. It also rejected the reasoning from Limon, concluding that the earlier case interpreted the statute too narrowly.
The appeals court sent the case back to the trial court for further proceedings.
Employer takeaways
Despite this ruling coming from a California appeals court, the FCRA is a federal law, so employers nationwide should view this case as a reminder that FCRA compliance matters.
The case shows that:
- Employers may face FCRA class actions even when applicants or employees can’t show actual harm or financial loss.
- Background check disclosure and authorization forms should be reviewed carefully for strict compliance with the FCRA’s standalone disclosure requirements.
- Forms should be clear, concise, and free from unrelated or extraneous information.
- Employers using background checks should audit onboarding packets and vendor-provided forms regularly.
Key to remember: A ruling from a California appeals court should serve as a reminder to employers nationwide that FCRA forms must be clear and concise.
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2026-06-09T05:00:00Z
NewsIndustry NewsMedical review officer (MRO) - Motor CarrierFleet SafetyDrug testing - Motor CarrierDrug and Alcohol Testing - DOTFocus AreaIn-Depth ArticleEnglishTransportationUSA
Marijuana remains off limits, DOT guidance states
You no longer have to weed facts from fiction when it comes to marijuana use, if you’re subject to DOT testing rules. DOT guidance confirms that commercial drivers and others subject to 49 CFR Part 40 are still prohibited from using marijuana. This is true despite the federal government’s reclassification of medical marijuana to a lower drug category.
An executive order in December, followed by an order from the Justice Department in April, brought about the reclassification of medical marijuana. Products containing marijuana approved by the Food and Drug Administration (FDA) and marijuana products regulated by a state medical marijuana law were moved from Schedule I to Schedule III of the Controlled Sub-stances Act (CSA). This action did not reclassify recreational marijuana.
What’s DOT’s take on the matter?
The U.S. Department of Transportation’s Office of Drug and Alcohol Policy & Compliance (ODAPC) realized this recent activity surrounding marijuana’s status created confusion for DOT-regulated employers and employees.
As a result, ODAPC offered guidance that clarifies there is no “legitimate medical explanation” for a drug test that was reported to the medical review officer (MRO) as positive for marijuana. MROs can’t change the result from positive to negative on a Part 40 drug test.
Why can’t MROs accept medical marijuana as a valid excuse?
To understand the ODAPC guidance, you need to look at what constitutes a legitimate medical explanation.
A legitimate medical explanation requires use of a legally prescribed controlled substance within the scope of federal laws governing prescriptions. Even after rescheduling, state-dispensed marijuana is not an FDA-approved drug. FDA approval is required for a substance to be legally prescribed.
The guidance explains that state-issued medical marijuana cards, physician recommendations or certifications, or dispensary records or receipts don’t satisfy Part 40 requirements for a legitimate medical explanation. ODAPC indicated, “In addition, marijuana use is not compatible with safety-sensitive functions.”
Upcoming DEA hearing
The Drug Enforcement Administration (DEA) is initiating an expedited administrative hearing process to consider the broader rescheduling of marijuana. At a hearing scheduled for June 29, 2026, the agency will discuss whether all marijuana, not just medical products, should move to Schedule III.
More will be known about the impact after hearings are completed and a final rule is issued. If DEA rulemaking reclassifies marijuana overall, a lot must happen before any changes impact the U.S. Department of Transportation (DOT) drug testing regulations. The DOT is required to follow U.S. Health and Human Services (HHS) guidelines for DOT drug testing, including the drug testing panel. Until DEA acts on rescheduling marijuana, neither the HHS nor DOT can move forward.
At this time, it’s unknown whether there will be any stipulations built into the rescheduling allowing the HHS and DOT to continue testing for marijuana.
Key to remember: DOT guidance reiterates that there is no current means of claiming a medical excuse when marijuana is detected in a DOT drug-testing specimen. Until DEA formally reclassifies marijuana, how or if it impacts transportation professionals is speculation.
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2026-06-09T05:00:00Z
NewsIndustry NewsHazmat SafetyHazmat: HighwayHazmat Driving and parkingIn-Depth ArticleFocus AreaEnglishTransportationUSA
Pretrip hazmat checks drivers shouldn't skip
When you’re transporting hazmat, what happens before the wheels start rolling matters just as much as what happens on the road. A lot of compliance issues can be traced back to missed steps during the pretrip process. When checks become routine, it’s easy for details to get overlooked without anyone realizing it.
Taking a few extra minutes before leaving can help drivers catch problems early. It also helps avoid delays, citations, and safety risks once the shipment is in transit. The goal isn’t to slow things down. It’s to make sure everything is right before the trip begins.
Shipping papers
One of the first things to check is the shipping paper. Drivers need to confirm it’s within reach while restrained and that it’s easy to recognize. Beyond placement, it’s important to make sure the information matches the load. The proper shipping name, hazard class, ID number, and quantity should all line up with what’s actually in the vehicle.
Emergency response information also needs to be present and accessible. If something doesn’t look right or seems incomplete, that’s the time to address it. It’s much easier to fix an issue before leaving than to deal with it during an inspection or emergency.
Markings and labels
Next, take a close look at the packages. Labels should be clearly visible, not damaged, and not covered by tape, wrap, or other markings. If multiple labels are required, they should be placed near each other so they’re easy to read.
Markings are just as important. Things like proper shipping names, ID numbers, and orientation arrows need to be in place when required. Even if the packages were prepared by someone else, it’s still worth taking a moment to check. These are details inspectors notice right away.
Placards
Placards are one of the most visible parts of a hazmat shipment, so they need to be correct. Drivers should confirm that the placards match the material being transported and are displayed on all required sides of the vehicle.
It’s also important to check for old or incorrect placards that might still be in place. Leaving the wrong placard on a vehicle can be just as misleading as missing one entirely. A quick walkaround can catch these issues before they become a problem.
General equipment check
A standard pretrip inspection still applies, but it takes on added importance with hazmat. Make sure the vehicle is in good working condition, including tires, lights, and securement. If the load is not properly secured, it can shift and create additional risk during transit.
Required equipment should also be checked. That can include things like fire extinguishers or any additional safety equipment tied to the specific load. These checks don’t take long, but they’re a key part of overall compliance and safety.
Final walkaround
Before heading out, it helps to do one last walkaround. This is the chance to step back and look at the full picture. Do the placards match, are the packages in good condition, and is everything secure and clearly marked.
This final check often catches things that might have been missed the first time through. It’s a simple habit, but it can prevent issues once the shipment is already on the road.
Pretrip hazmat checks don’t have to be complicated. Most of the steps are straightforward and only take a few minutes to complete. The challenge is making sure they happen every time, not just when something seems off.
Key to remember: Consistency is what makes the difference. When drivers build these checks into their routine, they reduce the chance of problems and help keep shipments moving safely and smoothly.
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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.