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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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2026-08-04T05:00:00Z
NewsHuman Resource ManagementHuman Resource ManagementDisabilities and ADAIn-Depth ArticleUSAHR ManagementEnglishReasonable AccommodationsIndustry NewsHR PoliciesPolicies and ProceduresHR GeneralistAssociate RelationsFocus AreaDisabilities and ADAHuman Resources
Watch out for ‘100 percent healed’ policies
Employers want employees to do their jobs well and safely. But employers need to be careful not to go too far, particularly when employees return to work after recovering from their own health issue.
In 2025, the federal Equal Employment Opportunity Commission (EEOC) sued an employer over its return-to-work policy. The case is a reminder of the risks of “full duty” or “100 percent healed” policies.
The story
Under the company’s policy, employees couldn’t return to work unless they had no medical restrictions, even if they could do the job with or without an accommodation for their restriction.
The EEOC said the policy violated the federal Americans with Disabilities Act (ADA). The ADA requires employers to provide reasonable accommodations to employees with disabilities unless doing so would create an undue hardship. A rule that requires employees to have no restrictions can conflict with that requirement.
The ADA also requires employers to collaborate with employees to find a solution for employees who need a workplace change (i.e., an accommodation) because of a medical condition (a restriction). This solution-finding is called the interactive process. Policies that automatically fire employees without considering an accommodation can violate the ADA.
The company also had a policy of firing employees who couldn’t return after 12 weeks of Family and Medical Leave Act (FMLA) leave. This was a problem because some employees might have been able to return with a short leave extension or another accommodation.
The company also required employees to pass a lifting test. The test required employees to lift 50 pounds to shoulder height, even though the job only required lifting 25 pounds. The EEOC said this, too, violated the ADA.
The case settled, and the employer paid $919,000.
How to avoid issues
Employers should avoid policies that prohibit employees from returning to work with restrictions. These policies can bypass the ADA accommodation process, resulting in a violation. Employers should look for better ways to confirm employees can safely perform their jobs.
When an employee has medical restrictions or asks for a workplace change because of a medical condition, employers should start the interactive process. The goal is to find an effective, reasonable accommodation if one is available.
Supervisors should also know when an employee’s situation may involve ADA rights and what steps to take.
Equal Employment Opportunity Commission v. Western Distributing Company, No. 1:16-CV-01727, District of Colorado, July 15, 2025.
Key to remember: Policies that require employees to have no medical restrictions before returning to work after leave for their own condition may violate the ADA.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
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2026-08-04T05:00:00Z
NewsIndustry NewsEnglishFocus AreaIn-Depth ArticleFleet OperationsHeavy vehicle use tax HVUTFleet TaxesFleet taxesTransportationUSA
Form 2290 is due: Does your fleet need a VIN audit?
For many motor carriers, filing Form 2290 Heavy Vehicle Use Tax (HVUT) is a routine annual task. However, the process becomes more complicated when your fleet has dozens, hundreds, or even thousands of vehicles to report.
While adding multiple vehicle identification numbers (VINs) to a Form 2290 filing is common, it also increases the likelihood of mistakes that can lead to compliance issues, registration delays, and unnecessary administrative work. An internal VIN audit prior to filing HVUT can help you identify the most common pitfalls and file an accurate 2290 by the August 31 deadline.
Data-entry errors
One of the most common problems is simple data-entry error. A VIN contains 17 characters, and it only takes a single incorrect digit, transposed character, or missing letter to create a mismatch between the vehicle's registration records and the IRS Schedule 1.
Because Schedule 1 serves as proof that your HVUT has been paid, a VIN error can create obstacles when obtaining registration credentials or completing an IRP renewal. The IRS allows carriers to file VIN corrections, but that means additional time (and operational delays) and paperwork that could have been avoided.
Matching each vehicle to a weight category
Another challenge is ensuring that each VIN is assigned to the correct taxable gross weight category. In larger fleets, vehicle information may come from multiple departments, such as operations, maintenance, and registration.
If a vehicle is reported under the wrong weight category, you may underpay or overpay HVUT and later need to amend the filing. Weight increases during the tax period can also trigger additional tax obligations.
Duplicate reporting
Duplicate reporting is another issue carriers encounter. When fleet records are not carefully reconciled, the same VIN may be reported more than once, or a vehicle already included on another filing may inadvertently be entered again.
Duplicate VIN reporting can lead to rejected filings, confusion during audits, and time-consuming correction efforts.
Omitted vehicles
On the opposite end of the spectrum, carriers sometimes fail to report vehicles that should have been included. Newly acquired trucks, recently leased units, or vehicles added after a fleet inventory was prepared can be overlooked.
Missing a taxable vehicle may result in a late HVUT filing and potential penalties if the issue is discovered after the filing deadline.
New acquisitions
Vehicle acquisitions throughout the year create another layer of complexity. Unlike the annual July filing, newly purchased vehicles may require additional Form 2290 filings based on their month of first use.
Without a reliable tracking process, carriers can easily lose track of which vehicles have been reported and which still require filing.
Larger fleet = more risk
These challenges become even more significant for large fleets subject to the IRS electronic filing requirement for returns reporting tax on 25 or more vehicles. Managing large VIN lists electronically can save time, but it also means that a single spreadsheet error can affect dozens or hundreds of vehicles at once.
Best practices for avoiding VIN-related problems
Before filing Form 2290, perform a comprehensive review of your fleet inventory:
- Compare VINs against titles and registration records,
- Verify taxable gross weight classifications,
- Identify newly acquired vehicles, and
- Remove units that were sold or retired.
Many fleets also find value in having a second person review the vehicle list before submission.
Key to remember: A pre-filing VIN audit may seem like extra work, but it’s often far easier than dealing with registration delays, rejected filings, amended returns, or VIN corrections after the fact. When it comes to Form 2290, accuracy up front is one of the most effective ways to keep trucks moving and compliance headaches to a minimum.
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2026-07-31T05:00:00Z
NewsIndustry NewsEnglishWater ProgramsWasteWaste ManagementEnvironmentalIn-Depth ArticleWater ProgramsFocus AreaWaste/HazWasteUSAAir ProgramsAir ProgramsCWA Compliance
Expert Insights: Environmental compliance doesn't stop at the state level
Most industrial facilities have a good understanding of federal and state environmental requirements. However, many compliance issues arise because companies overlook county and municipal requirements.
Local governments often have their own environmental ordinances, permitting programs, and enforcement authorities that apply in addition to state and federal regulations. In some cases, local requirements are more restrictive than state rules and can lead to penalties even when a facility believes it’s operating in compliance.
Local governments play an important environmental role
Environmental compliance isn’t handled solely by the Environmental Protection Agency (EPA) and state environmental agencies. Counties, municipalities, sewer authorities, and local stormwater programs often regulate activities that directly affect water quality, public infrastructure, and community health.
For example, local governments commonly regulate:
- Stormwater discharges
- Erosion and sediment control
- Industrial wastewater discharges to sewer systems
- Hazardous material storage
- Spill prevention requirements
- Fire code and emergency planning requirements
- Local environmental permits and inspections
Many municipalities adopt ordinances that supplement state regulations and give local officials authority to inspect facilities, issue notices of violation, and assess penalties.
Industrial wastewater: Local sewer authorities have enforcement power
Industrial wastewater is one of the most common areas where facilities encounter local environmental requirements. Companies that discharge wastewater to a publicly owned treatment works (POTW) are often regulated by a municipal sewer authority rather than directly through an NPDES permit.
Local sewer authorities may issue discharge permits, establish local limits, require monitoring and reporting, conduct inspections, and enforce violations through penalties or corrective actions. Facilities can face enforcement for unauthorized discharges, exceedances, or reporting failures even when no state inspection has occurred.
Stormwater compliance often includes local requirements
Stormwater compliance frequently extends beyond state permit requirements. Many counties and municipalities operate under Municipal Separate Storm Sewer System (MS4) permits and have adopted ordinances that regulate activities affecting stormwater quality.
Local rules commonly address outdoor material storage, drainage system maintenance, erosion controls, illicit discharges, stormwater infrastructure inspections, and construction activities. A facility may comply with its industrial stormwater permit but still violate local requirements if it fails to maintain drainage systems, creates unauthorized storm sewer connections, or performs regulated site work without local approval.
Hazardous waste compliance may involve local agencies
While hazardous waste requirements are primarily federal and state responsibilities, local agencies often regulate related operational activities. These requirements may include hazardous material storage permits, fire code compliance, spill prevention measures, emergency response planning, zoning approvals, and inspections by fire marshals or emergency management officials.
Local inspectors often identify storage, containment, labeling, or emergency planning deficiencies before state environmental agencies conduct inspections. Addressing these requirements helps reduce enforcement risk and improve overall compliance performance.
A multilevel compliance strategy is essential
A strong environmental compliance program considers federal, state, county, and municipal requirements. Before expanding operations, constructing facilities, modifying wastewater systems, or changing stormwater infrastructure, companies should evaluate applicable local ordinances and permit obligations.
Regular communication with sewer authorities, stormwater programs, fire departments, and planning agencies can help identify local requirements early, avoid costly project delays, and reduce the risk of enforcement actions. Ignoring local obligations can create compliance gaps even when a facility meets federal and state environmental requirements.
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2026-07-31T05:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHASafety & HealthGeneral Industry SafetyOccupational Safety and Health Administration (OSHA), DOLEnglishFocus AreaOSHA Emphasis ProgramsUSA
OSHA revises, extends warehouse NEP
Effective July 31, OSHA revised its National Emphasis Program (NEP) on Warehousing and Distribution Center Operations (CPL 03-00-026) and extended the expiration date five years, to July 31, 2031. Inspections under the NEP will continue to focus on hazards common to warehousing and distribution centers such as powered industrial trucks, material handling/storage, walking-working surfaces, means of egress, heat, ergonomics, and fire protection.
Significant revisions include:
- Removed coverage for High Injury Rate Retail Establishments (Table 3 in 2023 NEP).
- Removed mandatory screening for ergonomic and heat hazards.
- Clarified Area Office discretion to expand inspections based upon fatalities/catastrophes, complaints, or referrals related to establishments in the NAICS codes covered under the NEP.
The revised NEP replaces the previous version, which took effect July 13, 2023.
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2026-07-31T05:00:00Z
NewsIndustry NewsEnglishAssociate RelationsHR GeneralistIn-Depth ArticleEmployee Mental HealthHR ManagementWellnessWellnessWorkplace StressFocus AreaUSAHuman Resources
To positively impact employee mental health, create a culture of trust
HR professionals can’t fix all the problems that impact employee mental health, but they can establish a supportive workplace.
“Create a culture of trust so hard conversations are possible,” Chad Sorenson, president of Adaptive HR Solutions, suggested in the “From Stigma to Support” presentation at the 2026 Society for Human Resources Management (SHRM) Annual Conference.
HR professionals are the bridge connecting struggling employees to the help they need, he noted. To create a culture where people can be vulnerable and ask for help, and to help them navigate the support system, human resources professionals can:
- Model openness. Speak honestly about mental health. Mental health can be a normal part of communication from leadership. Employee assistance programs should be actively promoted and accessible. Regular well-being check-ins can be embedded into workplace culture.
- Be aware of the signs that indicate help is needed. A person who needs help might have a sudden drop in work performance, change in appearance, increased absences, withdrawal, or conflict that’s out of character. The change from someone’s baseline is what matters most, Sorenson noted.
- Respond with compassion. Talk about what’s been observed and ask how people are really doing. It can also mean saying, “I’ve got time to talk.” When listening to the response, be present and don’t fill silences or minimize what’s being discussed.
- Connect people to resources. HR professionals aren’t therapists but can let people know they don’t have to carry their burden by themselves. Share resources and information about support that is available.
- Equip leaders. Supervisors should be trained to recognize mental health issues and understand how to respond.
Key to remember: HR isn’t expected to be therapists but can have a positive impact on employee mental health by working to create a supportive workplace.
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2026-07-31T05:00:00Z
NewsIndustry NewsEnglishAssociate RelationsHR GeneralistIn-Depth ArticleWorkplace StressHR ManagementWellnessWellnessUSAFocus AreaHuman Resources
Don’t let stress make you sick
Chronic stress puts a strain on your immune system, decreasing its ability to mount a defense against illness.
When stress doesn’t let up, the body is exposed to consistently high cortisol levels. This reduces the ability of white blood cells to fight disease, increasing the likelihood that you’ll catch a cold, the flu, COVID-19, or get a cold sore. It also makes vaccines less effective.
In addition to respiratory viruses, chronic stress is also linked to other conditions including eczema, lupus, inflammatory bowel disease, arthritis, fibromyalgia, and heart disease.
To increase your odds of staying healthy, take steps to reduce the impact of prolonged stress:
Eat right. Support your immune system with a balanced diet. Emphasize fruits, vegetables, lean protein, and whole grains.
Get moving. Exercise releases hormones that make you feel good and can distract you from your worries. Go for a hike, play pickleball, or take a walk. Even brief bursts of exercise help, such as a break to stretch, climb a set of stairs, or do some squats.
Calm down with yoga. Yoga is another activity that helps reduce stress, as it supports good circulation. In addition, it uses breathing techniques that promote relaxation.
Try meditation. Practicing meditation for 10 to 15 minutes a few times a week can help reduce cortisol levels. You can also practice mindfulness in your daily life, being aware of thoughts and feelings without judging them.
Prioritize sleep. Wind down with a relaxing bedtime routine and go to bed around the same time each night. Get 7 to 9 hours of sleep in a cool, dark environment.
Enjoy the outdoors. Nature makes you feel better, as it improves your mood, calms your nerves, and reduces anxiety.
Be social. The support we get from others boosts resilience during times of stress. Friends give you a chance to talk through your challenges and take your mind off your worries. Even casual social interactions boost emotional well-being, so don’t hesitate to chat at the check-out counter or offer a compliment to a coworker. You’ll likely make their day brighter while lowering your stress level.
Address the cause. If a packed schedule is bringing on stress, work with others who can help you make it more manageable. If you’re unsure of how to move forward, or are struggling to cope with stress and anxiety that won’t let up, talk with a mental health professional.
Key to remember: Take steps to reduce stress to increase the odds that you won't come down with a cold, the flu, or another illness.
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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.