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Regulatory Compliance News & Updates

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RECENT INDUSTRY HIGHLIGHTS

Why CDL drivers should troubleshoot DOT medical certification issues early
2026-04-16T05:00:00Z

Why CDL drivers should troubleshoot DOT medical certification issues early

The Federal Motor Carrier Safety Administration (FMCSA) has issued an exemption, effective until October 11, 2026, allowing commercial driver’s license (CDL) drivers to carry a paper copy of their Department of Transportation (DOT) medical examiner’s certificate for up to 60 days following their exam. This flexibility, however, shouldn’t be treated as a solution to underlying reporting issues. Instead, drivers and motor carriers must proactively confirm that medical certification information is properly reflected on the driver’s state motor vehicle record (MVR).

Background information

Continued delays and challenges associated with the National Registry II (NRII) medical certification process led to the exemption. Under this system, a medical examiner submits a driver’s exam results directly to the National Registry, which then transmits the information to the driver’s state driver licensing agency. Once posted, the CDL driver’s MVR becomes the official (and required) medical certification record.

Don’t wait to verify certification

In most cases, a driver’s medical information should appear on the state MVR within several days of the exam. Motor carriers should continue running MVRs promptly rather than delaying confirmation simply because the exemption allows it. If the information doesn’t appear within 5 days of the exam date, troubleshooting should begin.  

3 steps to resolve common reporting issues

If a CDL driver’s medical certification is missing from their MVR, carriers should follow these three steps:

  1. Contact the DOT medical examiner’s office.
    • Confirm that the exam results were submitted to the National Registry.
    • Ask if the examiner received an email from the National Registry regarding error validation for the exam. Errors often occur when driver information doesn’t match the CDL and the National Registry is unable to match the driver to a state.
    • Ask the examiner to correct and resubmit the information if needed.
  2. Contact the state driver licensing agency.
    • Request to speak with someone in the CDL department/help desk. They’re more familiar with NRII-related issues.
    • Explain that the exam was successfully submitted to the National Registry. At this point, it should be up to the state to assist with locating the driver’s medical information.
    • Ask if someone from the CDL department can physically check the National Registry while the driver is on the phone. Then, ask if they can attempt to “pull” the driver’s information.
  3. Escalate to the FMCSA, if needed.
    • Contact the FMCSA’s National Registry Technical Support Helpdesk. They can assist with determining where the breakdown occurred.  However, most issues should be able to be resolved by following the process in the first two steps.

Additional troubleshooting tips

  • Confirm with the MVR provider that the correct MVR type is being ordered. Not all MVRs are the same. Some versions might not show medical information.
  • Verify the driver’s self-certification status with the state. The FMCSA only requires medical certification reporting for drivers who are self-certified as Non-Excepted Interstate. Some states may not report medical information for drivers self-certified as Non-Excepted Intrastate. 
  • Check to see if the state offers online tools that allow drivers to verify their medical status directly. These tools can help confirm compliance before running additional MVRs.

Key to remember: The FMCSA 60-day exemption provides temporary flexibility, but it shouldn’t replace proactive compliance efforts. When medical certification doesn’t appear on a driver’s MVR within several days, there’s usually an underlying issue that needs the driver’s attention.

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2026-04-16T05:00:00Z

May employers transfer employees on intermittent leave?

When employees take intermittent leave under the federal Family and Medical Leave Act (FMLA), employers might want to move them into a different position that better suits the needs of the business. Employers must, however, tread carefully, because they may make such transfers or reassignments only in limited circumstances.

Foreseeable leave only

Employers may require employees on intermittent or reduced schedule leave only if the leave is foreseeable based on planned medical treatment for the employee, a family member, or a covered servicemember, including during a period of recovery from:

Alternative positions

In situations when employers may transfer employees to an alternative position, the position must have equivalent pay and benefits, but it doesn’t have to have equivalent duties.

Employers may increase the pay and benefits of an existing alternative position to make them equivalent to the pay and benefits of the employee's regular job.

Employers may also transfer the employee to a part-time job with the same hourly rate of pay and benefits, provided they don’t make the employee take more leave than is medically necessary.

For example, employers could transfer an employee who wants to take leave in increments of 4 hours per day to a half-time job. They could also keep the employee in their original job on a part-time schedule, paying the same hourly rate as the employee's previous job and enjoying the same benefits.

Employers may not eliminate benefits that they otherwise wouldn’t give to part-time employees. They may, however, proportionately reduce benefits, such as vacation leave, where their normal practice is to base such benefits on the number of hours worked.

Employers may not transfer an employee to an alternative position to discourage them from taking FMLA leave or impose a hardship on the employee. They may not, for example:

  • Transfer a white-collar employee to perform laborer's work,
  • Reassign an employee working the day shift to the graveyard shift, or
  • Reassign an employee working in the headquarters facility to a branch at a significant distance away from the employee's normal job location.

Job reinstatement

When employers may transfer employees to an alternative position, and those employees no longer need FMLA leave, employers must put them in the same or equivalent job as before.

Key to remember: Employers may transfer employees who take intermittent leave to an alternative position, but only if the leave is foreseeable.

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FMCSA updates the DataQs data-correction system
2026-04-16T05:00:00Z

FMCSA updates the DataQs data-correction system

The Federal Motor Carrier Safety Administration (FMCSA) has announced updates to its DataQs program to improve turnaround times for drivers and motor carriers awaiting corrections to their safety records.

States will need to meet strict deadlines and follow a three-step independent review process when handling requests to fix data on crashes, inspections, and violations.

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Help employees spend wisely and stretch their paychecks
2026-04-16T05:00:00Z

Help employees spend wisely and stretch their paychecks

With inflation on the upswing and the cost of everyday items rising, your workers are likely looking for ways to stretch their money. Smart spending can help them do that.

April is Financial Literacy month and is the perfect time to share these money-saving tips:

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Nevada is the first state to limit what doctors can charge for FMLA certifications
2026-04-15T05:00:00Z

Nevada is the first state to limit what doctors can charge for FMLA certifications

Effective January 1, 2026, health care providers in Nevada may not charge more than $30 to complete a certification under the federal Family and Medical Leave Act (FMLA). This is the first state law (HB 305) enacted to address this particular issue. The state will adjust the $30 each January 1 based on the Consumer Price Index.

Why does this matter?

Employers may require that employees support their need for FMLA leave with a certification from a health care provider, but employees bear the cost of the certification. The FMLA doesn’t govern whether or how much health care providers charge for a certification, and in some situations, health care providers charge over $100 to complete them.

FMLA certification deadline

Since employees have 15 calendar days to give the employer the requested certification, hunting for a new doctor who doesn’t charge a certification fee can be challenging. The current doctor shortage can make it even harder.

Employers can hold employees to the deadline unless extenuating circumstances are involved. The FMLA regulations don’t explain what does or doesn’t qualify as “extenuating circumstances.” Trying to find a doctor who will complete a certification for a reasonable fee might be an extenuating circumstance. As long as the employee is putting forth a good-faith effort to get a certification, the employer might need to be flexible.

Takeaways for all employers

Nevada isn’t usually a bellwether state, but it’s at the forefront of controlling FMLA certification costs. Now that one state has blazed the trail on curbing certification costs, perhaps others will follow suit.

It’s important to note that no employer — in Nevada or any other state — is required to use FMLA certifications to approve (or deny) an employee’s leave. Many employers use certifications to help verify that the leave qualifies and to obtain information about leave schedules. But it’s not a mandated part of the FMLA process.

Key to remember: Employers in Nevada might find that employees are more forthcoming with FMLA certifications, now that they cost no more than $30.

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