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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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2026-09-29T05:00:00Z
NewsIndustry NewsHuman ResourcesHR GeneralistFocus AreaIn-Depth ArticleUSAAssociate RelationsEnglishHR ManagementDisabilities and ADADisabilities and ADAReasonable Accommodations
5 ADA myths and facts — What employers should know
Since 1990, the federal Americans with Disabilities Act (ADA) has prohibited covered employers from discriminating against applicants and employees with disabilities in many employment-related activities — from recruiting to advancement, to pay and benefits.
Over the decades, employers have developed some myths, or misunderstandings, about the ADA. Here are a handful, as well as the facts.
Myth #1: Job reassignment is the accommodation employers should consider first.
Fact: Job reassignment is an accommodation of last resort. Employers should first consider workplace changes that enable employees to continue to perform their job duties. Only after determining that no such accommodation is available should employers reassign workers.
Myth #2: The ADA forces employers to hire unqualified individuals with disabilities.
Fact: Applicants who are unqualified for a job cannot claim discrimination under the ADA. Under the ADA, to be protected from discrimination in hiring, an individual with a disability must be qualified, which means the person must meet all requirements for a job and be able to perform, with or without reasonable accommodation, its essential functions.
Myth #3: Employees with invisible disabilities must tell their employers about their disabilities.
Fact: An employee with an invisible disability isn’t required to tell an employer that they have a disability. If an employee has an invisible disability but it doesn't have any impact on their ability to perform job-related tasks, then the employee doesn't have to tell their employer.
Myth #4: Under the ADA, an employer may not fire an employee who has a disability.
Fact: Employers may fire workers with disabilities under three conditions:
- The termination is unrelated to the disability;
- The employee doesn’t meet legitimate requirements for the job, such as performance or production standards, with or without a reasonable accommodation; or
- Because of an employee's disability, they pose a direct threat to health or safety in the workplace.
Myth #5: Providing accommodations for people with disabilities is expensive.
Fact: Most workers with disabilities don’t need accommodations to do their jobs, and for those who do, the cost is usually minimal. According to the Job Accommodation Network (JAN), a service from the U.S. Department of Labor's Office of Disability Employment Policy, 58 percent of accommodations cost absolutely nothing to make, while the rest typically cost about $500. Tax incentives are also available to help employers cover the costs of accommodations, as well as modifications required to make their businesses accessible to persons with disabilities.
Key to remember: The ADA has garnered many myths since its inception. Employers can help dispel some myths about the ADA by learning the facts.
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2026-09-29T05:00:00Z
NewsIndustry NewsFederal Motor Carrier Safety RegulationsFleet SafetyBusiness planning - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsUSAEnglishTransportationBusiness planning - Motor CarrierRegistration
Not a “trucking company?” You may still need operating authority
Just because you aren’t hauling toilet paper or groceries doesn’t mean you don’t need a USDOT number. Landscapers, farmers, outdoor recreation companies, and even rock stars (tour buses) sometimes need operating authority, depending on their operations.
Examples of other “non-trucking companies” that may still need operating authority include:
- Universities;
- Blood donation vehicles,
- Home health agencies,
- Utility companies,
- Food trucks, and
- Event production companies.
How do you know if you need to apply for authority?
Per the Federal Motor Carrier Safety Administration (FMCSA), all interstate commercial motor vehicles (private, for-hire[TL1.1], and exempt) that meet the definition of commercial motor vehicle found in 390.5 must submit them online through Motus at https://motus.dot.gov and obtain a USDOT number before beginning operations.
The commercial motor vehicle definition includes a vehicle which operates in interstate commerce, and:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater;
- Is designed to transport more than 8 passengers (including the driver) for compensation;
- Is designed to transport 16 or more passengers including the driver, and isn’t used to transport passengers for compensation; or
- Is transporting hazardous materials in quantities requiring the vehicle to be placarded.
Not operating as an interstate carrier doesn’t mean you’re in the clear, as many states require USDOT numbers for intrastate carriers. If you fall into this category, it’s important to check your states' requirements.
How do you obtain operating authority?
If you don’t already have a USDOT number, you can obtain one by applying for authority through Motus. The registration process requires basic company demographics to be provided. This information isn’t directly used for safety scoring but does provide information that is helpful to the FMCSA for studies and investigations.
After being issued a new entrant registration, the carrier is subject to an 18-month safety-monitoring period. During this safety monitoring period, the carrier’s roadside safety performance will be closely monitored to ensure the carrier’s basic safety management controls are operating effectively. Also, during this safety-monitoring period, the motor carrier (MC) will receive a safety audit.
For those operating intrastate, the process may be different. Check with your state's department of transportation to learn more about what you need to do.
Why is this necessary?
Larger vehicles, as well as those carrying hazardous materials, pose a higher risk to both themselves and the motoring public. By regulating who may operate these vehicles, and for how long, the FMCSA prioritizes keeping the roadways safe for all who use them.
Key to remember: All companies who operate a commercial motor vehicle in interstate commerce are expected to adhere to the Federal Motor Carrier Safety Regulations — even those who don’t operate as a “traditional trucking company.”
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2026-09-29T05:00:00Z
NewsChange NoticesChange NoticeAssociate Benefits & CompensationCaliforniaAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman Resources
California bereavement leave expanded
Effective date: January 1, 2027
This applies to: California employers with five or more employees
Description of change: On September 27, California Gov. Gavin Newsom signed SB 1149, which expands the state law entitling employees to bereavement leave. The law will now allow employees to take bereavement leave for the death of a “designated person,” which means any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship.
Employees may identify a designated person when they request the leave.
Employers may limit employees to one designated person per 12-month period for bereavement leave.
The law still requires employees to have worked for the employer for at least 30 days before taking bereavement leave, and entitles employees to take up to 5 days of bereavement leave, which may be taken intermittently. If employers don’t have an existing bereavement leave policy, the bereavement leave may be unpaid, but employees may use their paid time off.
View related state info: FMLA - California
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2026-09-29T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
FMLA FAQs for cold and flu season
While most employers know that a simple case of a cold or flu doesn’t generally qualify for leave under the federal Family and Medical Leave Act (FMLA), they might have questions regarding such conditions. Here are a few Q & As to help clarify.
Q: Employees will occasionally go to their doctor if their cold or flu lasts more than 3 days. The doctor might prescribe a medication (which the patient may or may not fill) in case there is a bacterial infection. The regulations state that, ordinarily, unless complications arise, the common cold and flu aren’t serious health conditions for purposes of FMLA. Can a cold or the flu ever be a serious health condition for purposes of FMLA?
A: Yes, the cold or flu can be a serious health condition under the FMLA if the individual is incapacitated for more than 3 consecutive calendar days and receives continuing treatment by a health care provider, as defined in the regulations. It can also be an FMLA serious health condition if the individual is hospitalized.
Q: What if the employee telephones the doctor but doesn’t actually see the doctor for an examination?
A: If an employee who has the flu only telephones the doctor but isn’t seen or examined by the doctor, those circumstances wouldn’t qualify as “treatment.” Treatment means an examination to determine if a serious health condition exists, evaluations of the condition, and actual treatment by the healthcare provider to resolve or alleviate the condition. A telephone conversation isn’t an examination, but a televisit is. A televisit must, however, involve video.
Q: What if the doctor prescribes medication only in case a cold or flu turns into something more serious? What if the employee doesn’t have the prescription filled or doesn’t follow the doctor's orders?
A: A prescription that is given in case a cold or flu develops into something serious raises the question of whether the existing condition is an FMLA serious health condition. In all likelihood, the employee hasn’t yet suffered the “complications” that would qualify the illness as an FMLA serious health condition. An employee who doesn’t follow the doctor's instructions is probably not under a “regimen of continuing treatment by or under the supervision of the health care provider” per the FMLA regulations.
Q: What if the absence is for strep throat or an ear infection, and the employee goes to the doctor and gets a prescription for an antibiotic, is that a serious health condition?
A: If either strep throat or an ear infection results in an incapacity of more than 3 consecutive calendar days and involves continuing treatment by a health care provider (which can include a course of prescription medication like an antibiotic), the illness would be considered an FMLA serious health condition.
The name of a condition isn’t the determining factor. A cold or the flu is a serious FMLA health condition if it meets the FMLA’s definition. Employers may ask for a certification supporting the need for leave, and it should indicate whether the condition meets the definition.
Key to remember: Employers shouldn’t base the determination of whether an employee has an FMLA serious health condition on the name of the condition or related procedure. They should base the determination on whether the condition meets the FMLA’s definition of a serious health condition.
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2026-09-29T05:00:00Z
NewsIndustry NewsIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyEnglishFirst Aid and MedicalFocus AreaLifesaving EquipmentUSA
OSHA issues guidance on responding to workplace opioid overdoses
On September 24, OSHA issued guidance to help employers respond to opioid emergencies. Opioid Overdose Rescue and Reversal Medications provides employers with practical information on recognizing the signs of an overdose and responding immediately.
The factsheet outlines key preparedness strategies for employers, including:
- Keeping FDA-approved reversal medications, such as naloxone or nalmefene, readily available.
- Storing overdose kits in highly visible, easily accessible locations.
- Educating workers on how to recognize key symptoms of an overdose, such as slow or stopped breathing, blue lips or skin, pinpoint pupils, or unresponsiveness.
- Preparing for an emergency by training workers to administer the medication, safely position the individual, and provide supportive care until first responders arrive.
Even if these life-saving medications are available, OSHA emphasizes that workplace responders should immediately call 911 in the event of an opioid emergency.
The factsheet can be found on OSHA’s Publications webpage.
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NewsIndustry NewsRisk Management TransportationRisk Management - Motor CarrierFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
4 traits of fleet managers with high emotional intelligence
A commercial driver's relationship with an immediate supervisor can significantly influence whether the individual stays, is fully engaged, and safely operates vehicles.
Drivers are more likely to trust leaders who demonstrate strong emotional intelligence (EI). These managers are often better equipped to address conflicts, instruct drivers, and maintain a healthy work environment.
What’s EI?
Many refer to EI as the science of people skills. EI affects how you identify and handle emotions — yours and those of others. Although everyone has a natural level of EI, you can develop the skills necessary to improve it.
Positive or negative workplace interactions may result from a person’s EI. If a manager has low EI, despite high intelligence, it will affect the ability to effectively lead a team.
Consider the following skills that need to be mastered to increase your EI.
1. Self-awareness
Those with high EI are self-aware. In other words, they understand themselves well enough to know how they’ll feel and typically respond in certain circumstances.
For instance, fleet managers will know when their personal frustrations are influencing an interaction with a driver who just communicated reaching hours-of-service limits, a delay at a shipper, or a citation for speeding.
2. Self-control
Self-awareness must be followed by self-control. Managers with high EI are aware of their emotions, but that awareness has limited value if they don’t choose an appropriate response. Suppose a driver calls to report a vehicle breakdown. The driver shouldn’t hear a manager rant, rave, and toss out expletives. Instead, the self-aware manager will respond calmly and look for solutions. The fact of the matter: How the manager feels about the situation doesn’t help solve the problem.
3. Identifying emotions of others
High EI requires social awareness or empathy. Fleet managers need to be skilled at seeing the not-so-obvious when it comes to their drivers’ emotions.
Drivers may not vocalize when under work or personal stress. A fleet manager with strong empathy skills might recognize warning signs and address concerns before the driver becomes disengaged or quits.
4. Relationship management
Relationship management is the final piece of EI. Exceptional social skills make the manager approachable, fostering trust with drivers.
Drivers view the manager as:
- An excellent communicator, with the ability to express emotions;
- A team player and often a coach, putting others first to build lasting relationships; and
- An open and honest person, making them a good mediator to settle disputes.
The manager with strong relationships skills fosters a culture where drivers feel respected and heard. When drivers feel supported by management, the carrier’s safety culture should grow stronger. Drivers are more likely to report safety issues and discuss mistakes, as well as participate in the motor carrier’s safety initiatives.
Improving EI skills
How fleet managers handle the relationships in the workplace directly affects their success and that of their drivers, the department, and potentially the company.
One of the most important steps in improving EI is being brutally honest about how you interact with and relate to others, such as:
- Do you put yourself in someone else’s place?
- Do you promote yourself to seek attention for your accomplishments?
- How do you handle stressful situations? Do you …
- Blame others?
- Get angry?
- Stay calm?
- Do you take responsibility for your actions?
- Do you apologize directly?
- How do your actions affect others?
Specific to the drivers who report to you:
- Do drivers feel comfortable bringing concerns to you?
- What’s your response if a driver disagrees with you?
- Do you listen to the driver before offering solutions?
- Do your drivers trust you?
- Are you viewed as fair and respectful?
- How do you handle behavior correction? Blame or coach?
If you identified areas of weakness in this checklist, it’s never too late to improve your EI to become a better person and manager.
Key to remember: Where you stand today in emotional intelligence doesn’t have to be where you are tomorrow. By consciously developing the necessary skills — self-awareness, self-control, empathy, and relationship management — you can strengthen your managerial skills and work relationships. EI skills help improve the safety culture and reduce driver turnover.
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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.