LMTA Open Road | Spring 2020

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SPRING 2020 Official Magazine of the Louisiana Motor Transport Association



ISSUE 1 | 2020

2020 | ISSUE 1

CONTENTS 2019-2020 OFFICERS OF THE BOARD .............................................................................. 4 IN THIS EDITION ................................................................................................................. 5 STATE OF THE ASSOCIATION | David Newman, LMTA President ...................................... 6 A LETTER OF SUPPORT FOR TRUCKERS | Matt Watson ................................................... 9 MEMBERSHIP SPOTLIGHT | Q & A with Mike Purcell ........................................................ 10 PETERBILT OPENS NEW DEALERSHIP | Update from Houma ...................................... 13 WELCOME NEW MEMBERS | Quarter 1, 2020 Membership ......................................... 15 COVER STORY | Trucking Gets It DONE ........................................................................... 16 OPINION | Trucking ALWAYS Delivers for Louisiana in Crisis ........................................... 19 CORONAVIRUS RESPONSE ACT | Legal Briefing ....................................................... 20 ADVERTISER’S INDEX .................................................................................................... 27

Louisiana Motor Transport Association (LMTA) is a Louisiana association of trucking companies, private carrier fleets and businesses which serve or supply the trucking industry. LMTA serves these companies as a government affairs representative before legislative, regulatory and executive branches of government on issues that affect the trucking industry. The association also provides public relations services and serves as a forum for industry meetings and membership relations. For information contact LMTA at: Louisiana Motor Transport Association, Inc. 4838 Bennington Avenue • PO Box 80278 Baton Rouge, LA 70898 • Phone: 225-928-5682 • Fax: 225-928-0500 www.lmta.la Copyright 2020 Open Road, Louisiana Motor Transport Association. No part of this publication may be reproduced without the consent of the LMTA.

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n this edition of Open Road Magazine, we will take a look at how Louisiana’s trucking industry has responded to the ongoing and ever-changing challenges presented by the coronavirus (COVID-19) pandemic. David Newman, LMTA’s 2019-2020 President, gives a message to the membership as well as an overview of the organization’s goals and plans moving forward. Matt Watson, a representative on the metropolitan council of East Baton Rouge Parish shares a personal letter of support to all those in Louisiana’s transportation industry. In member news, Open Road Magazine catches up with Mike Purcell of Compass Compliance Management for this quarter’s member spotlight. In a Q & A, we talk with Mike focusing on his career, history with Louisiana’s trucking industry, and time with the LMTA. 2020 Platinum Sponsor, Peterbilt of Louisiana, also shares the opening of its newest dealership, located in Houma, LA. This is Peterbilt’s fifth location in the state. Additionally, we invite you all to welcome the 26 new members to join our organization since the beginning of the year. We value all of our member’s, continued support and camaraderie during these difficult times. Our cover story focuses on the hardworking men and women of our nation’s transportation industry who have kept our country connected. While much may be uncertain, our nation can always depend on truckers to get it done. While stores close and businesses freeze, we keep on trucking!


David Newman, Matt Watson, Mike Purcell, Tim Ordoyne, Chance McNeely, Fred Preis, Rachael Jeanfreau, and Philip Giorlando

COVER PHOTOGRAPHER: John Ballance john@johnballance.net

CREATIVE & CONTENT EDITOR: Allison Strahan allison@lmta.la

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s we all navigate through our new way of life, I want to assure you that the LMTA is here to assist you in any way we can. The Executive Committee has continued to meet (remotely) to discuss our ever-changing environment and the impacts of the COVID-19 pandemic on our industry and organization. We are making plans around our fundraising challenges, nominating committee, and summer convention. We are also thinking about the changes our industry may face in the coming days, weeks, months, and years. Recently we have been evaluating how we will move forward as an organization in the absence of our regular fundraising events (the Truck Driving Championship and the Seafood Gala). If any of you have ideas for new ways to raise funds, we would love to hear from you. We are working on doing a virtual fund raiser in the near future. We are also starting the process of forming a nominating committee to elect our new officers. Those wishing to nominate a candidate can do so by contacting Rachel Justus at rachel@lmta.la. We will plan to host our annual summer convention but as of now, we have yet to finalize the event details. We have recently sent members an online questionnaire to seek guidance on how to proceed with the convention. Your feedback will ensure that the event meets the needs and interests of our members. We are hoping to gauge who will be attending the convention and how our membership wishes us to proceed in these uncertain economic times. Along with making plans for our organization, we are considering what we are challenged with as an industry. How will we continue to succeed when the world is so changed? We need to be in reinvention mode, not survival mode. As an organization and as business owners we must be thinking of our future. How can you contribute in a new way? What can we be and how do we propel our message? This is a whole new opportunity for our organization. 6

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I have challenged Allison Strahan, our communications director, to compile as much pertinent information as possible and pass it on to us weekly through our Truck Talk email to keep us informed on all current happenings. We have also made arrangements with Pivotal GR Solutions to handle our legislative business at the Capitol. They will keep us up to date on all trucking related legislation. We are consulting with an accounting firm to help Rachel Justus, our member services and admin coordinator, to keep our finances in order.


In closing, I would like to thank the Executive Committee for your endless volunteer hours and dedication to moving this organization forward. We know our organization’s success is thanks in large part to your passion for the trucking industry. Thank you to Rachel and Allison for your time and dedication. I speak on behalf of all our members in saying we greatly appreciate it. Thank you to all of our Sponsors for your continued support. Finally, I would encourage all of you to join me and continue to involve yourself in the LMTA. We will be a better organization moving forward with your trust and support. Thank you for being a member.



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hroughout my life, I’ve depended on the transportation industry either to receive what I needed to get my jobs done, or to deliver products to my clients to satisfy their own customers. With the strain that COVID-19 has put on businesses and our ability to interact, I am so proud of the support our community is showing truckers right now. Outside of natural disasters closing our roadways, necessary supplies have always been delivered to our Parish. Whether it’s medical supplies, toiletries, bicycles or food for the food bank, I know we are all grateful that those trucks are rolling. I hope our entire community will join me in thanking truckers during this unprecedented pandemic and government-ordered shut down. Sure, rushes on stores have emptied some items for a time, but it’s never long before truckers deliver and our Parish is restocked. So when we can freely travel our highways again, I hope our gratitude to truckers for their service during this pandemic stays with us-- because they sure as hell deserve it. God bless every trucker who is out there on the front lines, away from their families, connecting the residents of Baton Rouge Parish with the supplies they need!


REP. METROPOLITAN COUNCIL OF EAST BATON ROUGE PARISH Matt Watson is the District 11 representative on the Metropolitan Council of East Baton Rouge Parish. He is also the candidate for Mayor/ President whose goal is to efficiently solve decades old problems and to position the municipality for rapid business engagement now and in our future. ISSUE 1 | 2020


Q & A open road WITH


n this issue, we catch up with Mike Purcell of Compass Compliance Management to talk about his career, history with Louisiana’s trucking industry and time with the LMTA. Q: Tell me a little about yourself. What did you do before you worked at Compass Compliance Management? A: I grew up in a transportation household. My father was an employee for the Missouri Pacific Railroad and I spent many days of my childhood chasing around the railroad depot in Monroe. I have been involved in the trucking industry since I graduated high school in 1981. My first job after high school was as a helper on the MoPac intermodal “piggy-back” ramp in San Antonio, Texas. I have been a dispatcher, safety manager, shipping, warehousing and private fleet manager in the steel industry and I was even an owner-operator truck driver back in the mid80’s, running dry van freight from Florida to California to the northeast corridor. My career has been awesome and I have been so blessed to be able to experience transportation from many angles in the past 38 years. Q: What is your history with Compass Compliance Management? A: In late 2003, my wife Judy and I, along with our two young daughters, were living in Birmingham, Alabama where we had been transferred in 2000 with the steel manufacturing company that I worked for at the time. At the time, I was the superintendent of shipping, warehousing and fleet operations. The handwriting was on the wall – we were about to be asked to transfer for the third time in 14 years, and this time it would be either to South Carolina or overseas to Poland. We knew that was not what we wanted to do so we began to pray hard and consider our options. In early 2004, while still working for the steel mill, we launched Compass Compliance Management on a part-time basis and provided log auditing and IFTA processing for a few companies, working in the evenings and on weekends. By the early summer of that same year, we realized that the business model could likely provide a full-time income if we worked really hard at it. That summer, we both quit our full-time jobs, moved back to Northeast Louisiana where Judy grew up on her family’s farm and “stepped out of the boat” in faith, 10

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knowing that failure was not an option. It has now been 16 years since we made DOT compliance and fleet safety consulting our full-time business and we have been totally amazed at how God has provided for our every need and more. Q: What are your ties to Louisiana’s Trucking industry? A: Having both been born here in Louisiana, Judy and I always knew that we wanted to return home at some point. Much of my early career was in the trucking industry here in Northeast Louisiana, having worked as a safety manager for Monroe Warehouse Company, a safety director for Monroe Trucking (a division of Burlington Northern Motor Carriers) and in the transportation department at Manville Forest Products (now Riverwood International) in West Monroe. Since I was just a little boy, trucks have always fascinated me. I can literally remember, while attending A.L. Smith Elementary School in Sterlington, Louisiana, running around the playground with my classmates playing like we were driving “big trucks” every day at recess. Louisiana and trucking are just a part of who I am. Q: What is a “normal” day for you like? A: Most of my days involve travel on both ends of the day. I often rise around 4:30 or 5:00, grab some coffee and a shower, get dressed and hit the road heading to my



“client du jour”. I will spend several hours with that client, reviewing all aspects of their DOT compliance program. My review process is designed to mimic the FMCSA’s process for conducting a compliance review, or “CR” as they call it. Once I have completed the review, I will spend some additional time with the client, assisting them with other areas of their operations for which I can provide expertise and support. Then it’s a drive back home, normal evening routine and back at it again the next day. Depending upon the distance, I do occasionally have to stay overnight. I currently provide consulting support for over 50 companies spread out from West Texas to eastern Kentucky, and all points in between. On days when I am blessed to be able to work in my office, I can usually be found working on adding new content to our online training platform or working with our web-based DOT compliance management system, MyDOTFiles.com. If idle time is the devil’s workshop, he is going to have to try to find someone else to play with! Q: What is your involvement with LMTA? A: My current involvement with LMTA includes being a board member, a position which I have held for the past few years. I have also been blessed to be able to work with LMTA for the past several years to develop and facilitate the DOT compliance seminars that LMTA has provided to the Louisiana trucking industry around the state. This role is very fulfilling for me as it gives me the opportunity to serve the membership and meet a need for the trucking community that may not otherwise be met for them. Q: What does being a LMTA member mean to you? A: This question is hard because my association with LMTA means so many things to me. First, it provides me with the opportunity to connect with my target client group right here in my home state. Secondly, it gives me the opportunity to enjoy mutually beneficial relationships with other allied members with whom I find a welcome atmosphere for sharing of our respective industry-specific knowledge. It also has helped me to build a broad network of both state and federal enforcement contacts which, in my sector, is very helpful when I come upon a topic that requires some deep research or understanding of the practical enforcement of nebulous regulations. I have always maintained that, in my role as a compliance

consultant, my objectives are very closely aligned with the objectives of the enforcement community. We are both trying to help the motor carrier community have a better understanding of the federal and state safety and compliance requirements and assist them in developing and implementing programs and processes that keep their operations both safe and compliant. Q: What issues impacting our state’s trucking industry are the most important to you at the moment? A: There are so many challenges to the success of a trucking operation. Here in Louisiana, I believe that the most challenging at the moment is the issue of having such a shallow pool of insurance providers amid the high insurance rates driven by our state’s fertile ground for frivolous personal injury lawsuits. I receive calls every month from companies who want to know what it would require (from a DOT registration perspective) to move their operations to a neighboring state, and they always state their primary objective to be an attempt to lower their insurance cost. This is very disheartening and I believe that our full-court press efforts are well-spent in a focus on accomplishing tort reform. Q: Any advice you would share to other members? A: Without a doubt, I would encourage any LMTA member who is not already engaged in something more than just coming to occasional events to step up and get more involved. My personal experience with LMTA membership has been that, the more involved I got in committees, training partnerships and board membership, the larger my network has grown, the more I became a recognized member and resource to trucking members and the more rewarding my overall experience became. I would also encourage other allied members who may be “on the fence” about providing some level of sponsorship to go ahead and take that step. Our little company (two staff members, including me) has been involved in the LMTA sponsor program for several years, and we even doubled our sponsorship level this year because we have had such a positive and beneficial experience with our membership over the years… and because it just felt like the right thing to do.



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eterbilt of Louisiana, LLC announced the grand opening of a full-service Peterbilt dealership in Houma, LA. The 14,000 sq. ft. facility features five service bays and a parts warehouse stocked with a wide range of Peterbilt and all makes parts. In addition, the location carries the complete line of Peterbilt new trucks. Houma has long been a priority in our overall growth strategy in the South Louisiana Market. Peterbilt of Louisiana operates five locations in Louisiana: Baton Rouge, Lafayette, Lake Charles, New Orleans and Houma. In addition the company operates a body shop in Baton Rouge. Our investment in Houma helps demonstrate our long-term commitment to servicing customers in the Bayou Region of South Louisiana. The dealership is located at 225 Service Road Southwest, Gray, LA at the intersection of Hwy 90 and Hwy 316 Exit 204. Pictured Above: Mark Arceneaux General Manager of Peterbilt of Louisiana and Tim Ordoyne Business Development Manger for Peterbilt of Louisiana opening their new store in Houma La.

From Peterbilt of Louisiana: Please welcome, Brook Credeur, to Peterbilt of Houma as our Parts Sales Manager. Brook and her sales associate team offer over 50 years of parts experience in the trucking industry. We are here to serve “The Bayou Region” with our knowledge of parts, service, and sales for all your trucking needs. Providing competitive OEM and Aftermarket parts and pricing, allowing her sales team the tools to continue to best serve their customers by keeping them on the road and “Truckin’”! Stop by and see us for all your trucking needs. We look forward to earning your business. ISSUE 1 | 2020


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ACCELERATED TRANSPORT LLC Merri West 2507 Ellis Park Ln Houston, TX | 77049

ASAP TOWING & ROAD SERVICE Donald Moreland 2090 Gause Blvd W, ASAP Slidell, LA | 70460

CDL MENTORS LLC Rosanne Woods 4310 Ryan St, STE 113 Lake Charles, LA | 70605

COCA COLA BOTTLING COMPANY UNITED INC Accounts Payable 4600 E. Lake Blvd Birmingham, AL | 35217

COPART Michael Zengel 21595 Greenwell Springs Rd. Greenwell Springs, LA | 70739

COTTON’S TOWING & RECOVERY, INC Noel Williamson P.O. Box 18007 Lake Charles, LA | 70616

D. A. D. DUMPING LLC Halford Joubert 413 South Lightner Ave Iowa, LA | 70647

DEFIANCE ENERGY SERVICES, LLC Scott Wooten 415 Texas St., Suite 400 Shreveport, LA | 71101

DELAHOUSSAYE WATER WELL DRILLING & REPAIR Brian Delahoussaye PO Box 362 Breaux Bridge, LA | 70517

ELITE SERVICE RECOVERY & TOWING LLC Adrien Benoit 409 McNabb St. Lake Charles, LA | 70615

ERG TRUCKING Andre Goins 834 Isabella St. Sulphur, LA | 70663

GERRY LANE ENTERPRISES Adrienne Thompson 6615 Florida Blvd. Baton Rouge, LA | 70806

HD TRUCK & TRACTOR, LLC Hiram DuRousseau II 5501 Opelousas St. Lake Charles, LA | 70615

HKA ENTERPRISES Danny Burgess 3761 Government Blvd, Suite D-2 Mobile, AL | 36693

IRBY Tracy Johnson 7984 S. Commerce Ave Baton Rouge, LA | 70815

MARDI GRAS TRUCK STOP Kurt Maloney 2411 Elysian Fields Ave. New Orleans, LA | 70117

MARSH & MCLENNAN AGENCY LLC Trey Shields 110 Veterans Memorial Blvd, Suite 200 Metairie, LA | 70005

SOUTHWEST COASTAL SERVICES CONSTRUCTION Jason Valmont 2012 Bancroft St. Lake Charles, LA | 70607

SOWELA TECHNICAL COMMUNITY COLLEGE Zietta Celestine 3820 Sen. J Bennett Johnston Ave. Lake Charles, LA | 70615

THE THREE C’S PROPERTIES, INC. Connie Boe 141 I-310 Service Rd. St. Rose, LA | 70087

THOMPSON COE, COUSINS & IRONS, LLP Christopher Kaul 650 Poydras St., Suite 2105 New Orleans, LA | 70130

VARNADO & SONS, LLC Gary Varnado 2500 Florida Ave SW Denham Springs, LA | 70726

VULCAN ON-BOARD SCALES Chris Johns 5920 South 194th St. Kent, WA | 98032

WILKERSON TRANSPORTATION Wendell Wilkerson PO Box 19037 Lake Charles, LA | 70616

BRANCH INDUSTRIES, INC. Scott Branch 508 Nation Rd. Deville, LA | 71328

BUBBA MORGAN TRUCKING LLC Dana Morgan 125 South 13th Street Mermentau, LA | 70556

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hat started as a somewhat bizarre shortage of toilet paper - which is an interesting glimpse into the reactive fears of humanity - has evolved into an unprecedented disruption to the global economy. There is no real end in sight and no real timeline on a return to “normal.” We will not know the true impact of COVID-19 for months or years, but if nothing else we are reminded of the integral role that trucking plays in modern society. With the exception of occasional 16

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natural disasters, accolades for the trucking industry have been a very rare occurrence in recent decades. Certainly, it is not just trucking that has been taken for granted but just about every skilled trade or as we now refer to them “essential workers.” While it is a shame that it takes a crisis to remind the masses about their reliance on the working men and women of America, these “essential workers” aren’t the type to hold a grudge. Getting things done is in their DNA. Still, a please and thank you every now and again doesn’t go unnoticed.

There was a time when the truck driver was viewed as the King of the Open Road. People understood why trucks were on the road, and had some level of appreciation for their work. Fast forward to just a few months ago and the consensus was that trucks are just dangerous and in the way - a burden. Shifts in public perception are big business. It is always encouraging when public perception changes organically in favor of truth and what is right. The question is: will it last? We will not know the lasting impacts of COVID-19 for months or even years. One thing is for sure, as society recalibrates and markets evolve, trucks will be there to deliver for Louisiana. We always have, and we always will.


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eeks ago, the Louisiana trucking industry had strong hopes that 2020 would be the year the Louisiana Legislature threw a life-jacket out into the unforgiving waters of the commercial auto insurance market. Facing uncertainty and impacts from COVID-19, what can be accomplished this year is unknown. Among all of the unknowns, the ability of the trucking industry to deliver during a crisis has not and will not be called into question. The truck driver is and has always been the unsung hero, connecting all the dots between producers and consumers, keeping the world going around without a hitch. As Louisiana truck drivers work overtime to deliver critical supplies to hospitals, manufacturers, retailers, and homes, it is heartwarming to see the outpouring of support for our industry. To the truck stops, restaurants, and citizens who have gone out of their way to support truck drivers in this crisis, thank you. It does not go unnoticed. The expression of appreciation means a lot to the thousands of men and women who are working hard for all of us. Despite all that has changed in three week’s time that may make a driver feel more respected, a driver’s view along the highways of Louisiana are still plagued by anti-truck attorney billboards. It’s a chilling reminder of our recent past, and calls into

question whether or not things can change in the aftermath of this disaster. As thousands of Louisiana families struggle to pay their bills after having been laid-off recently, they should remember the cost that auto accident litigation has on every Louisiana family. For every “big truck wreck” lawsuit, the cost of life’s necessities like bread and milk go up. The cost of everyone’s insurance goes up, too, among other things. As you shelter in place and have time to reflect on what is truly important in life, think about this: you work hard to provide for your family and it is more evident now than ever that truck drivers have your back. Have the guys with catchy slogans standing on top of trucks ever done a thing to help our State? Where are they now? My guess would be comfortably waiting out the storm in their multimillion dollar estates, while real working people “get it done” for Louisiana. Trucks in Louisiana cost 4-6 times more to insure than in other states, but our highways actually have less major accidents involving trucks than the US average. We are at the end of our rope. Take time to thank a trucker, and take time to demand action from your legislators to save the industry who saves Louisiana, not only in crisis, but every single day.

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COVID-19 REsponse Act BY Fred Preis, Rachael Jeanfreau, and Philip Giorlando The Department of Labor issued a third round of guidance on the Families First Coronavirus Response Act, which goes into effect on Wednesday April 1st. This new guidance addresses the coverage of employers and employees under the Act, provides key definitions, including “health care provider,” “emergency responder,” and “part-time employee,” and explains when employers with fewer than 50 employees may be exempt under the FFCRA. COVERAGE OF EMPLOYERS AND EMPLOYEES UNDER THE ACT The DOL’s new guidance first addressed which employers and employees are covered under the FFCRA. As previously discussed in our FFCRA Summary and our previous summaries of prior guidance, public employers are covered under the FFCRA (although Federal employees generally are not eligible for expanded family and medical leave), and private employers with 500 or fewer employees are also covered. While public employees are generally entitled to emergency paid sick leave, only employees of a non-federal public agency, such as those public employees who work for the government of a State, city, municipality, parish, or county, are entitled to expanded family and medical leave. The DOL also explained that the Office of Management and Budget can exclude certain Federal Executive Branch employees from taking certain kinds of paid sick leave and expanded and family medical leave. The FFCRA uses the same broad definition of “employee” as the Fair Labor Standards Act, which is any individual the employer “suffers or permits to work.” This includes full-time and part-time employees, as well as “joint employees” working with the employer and another employer, such as those working on site temporarily and/or through a temp agency. An employee is eligible for emergency paid sick leave regardless of the length of his or her employment. However, an employee must have been employed for 30 calendar days to qualify for expanded family and medical leave. FULL-TIME AND PART-TIME EMPLOYEE DEFINED The DOL also defined “full-time” and “part-time” employee. For purposes of paid sick leave, a full-time employee is normally scheduled to work 40 or more hours per week, and a part-time employee is normally scheduled to work fewer than 40 hours per week. This is an important clarification because the definition of part-time can vary among employers, so employers should be sure that their definition of “part-time employee” also satisfies the emergency paid sick leave’s definition of “part-time employee.” Expanded family and medical leave applies to all qualifying employees, who have been employed for 30 calendar days, regardless of their hours worked, but the number of hours the employee normally works each week will affect the amount of pay the employee can receive. 20

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HEALTH CARE PROVIDER AND EMERGENCY RESPONDER DEFINED The DOL guidance has finally defined two terms that have caused concern for healthcare employers since the FFCRA was enacted, “health care provider” and “emergency responder.” There are two definitions for a “health care provider,” which apply in different circumstances. When considering who is able to advise regarding self-quarantine, which is a reason for emergency paid sick leave, a “health care provider” is a licensed doctor of medicine, nurse practitioner, or other provider permitted to issue a certification under the FMLA. As to “health care providers” who may be exempt from paid sick leave and expanded family and medical leave, the DOL broadly defines the term as anyone employed at any doctor’s office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions. This definition also includes any individual who is employed by a company that (1) contracts with any of the above institutions to provide services or to maintain the operation of the facility or (2) provides medical services, produces medical products, or is otherwise involved in the making of COVID-19 related medical equipment, tests, drugs, vaccines, diagnostic vehicles, or treatments. The DOL also clarified that employers should be judicious when using the definition to exempt health care providers. The highest official of a State or territory can also determine other individuals who should be covered by this “health care provider” definition. This definition is much broader than many commentators were expecting because it includes anyone employed at any of the above listed facilities/institutions, not just those employees directly responsible for providing patient care. It also includes employees at facilities beyond those directly involved in addressing COVID-19. It is also important to note that under the FFCRA, it is the employer who elects to exclude health care providers and emergency responders from the FFCRA. So, this election by the employer could trigger many issues, including possible discrimination and other claims. Therefore, health care provider employers should be cautious when excluding certain employees. An “emergency responder” is an employee who is necessary for the provision of transport, care, health care, comfort, and nutrition of such patients, or whose services are otherwise needed to limit the spread of COVID-19. This includes but is not limited to military or national guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency, as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility. The highest official of a State or territory can also determine other individuals who should be covered by this “emergency responder” definition. ISSUE 1 | 2020


SON OR DAUGHTER UNDER THE FFCRA The DOL also explained that a “son or daughter” under the FFCRA is defined as the employee’s own child, regardless of whether the child is adopted, a foster child, a stepchild, a legal ward, or if the employee is standing in loco parentis, meaning the employee stands in the shoes of the parent for that child. The DOL also clarified that “son or daughter” includes an adult child who has a mental or physical disability and is incapable of self-care because of that disability. ENFORCEMENT OPTIONS FOR EMPLOYEES The DOL’s guidance also explains how employees can enforce the FFCRA if they believe their employer is in violation. The DOL specified that the employee should speak with his or her employer first, but could generally either contact the Wage and Hour Division, the DOL Division responsible for enforcement of the FFCRA, or file a lawsuit directly. The DOL guidance also suggests but does not explicitly state that if an employer with fewer than 50 employees violates the expanded family and medical leave provisions, then an employee generally cannot file a private lawsuit without first contacting the Wage and Hour Division. This stipulation by the DOL suggests that the Wage and Hour Division is placing an additional requirement on certain employees to report an alleged violation of the expanded family and medical leave provisions to the Wage and Hour Division before filing a lawsuit, if the employer is not covered under the FMLA’s typical provisions, which apply to employers with 50 or more employees. This statement creates some ambiguity in how the DOL will enforce the expanded family and medical leave provisions for employers not covered by the FMLA’s normal provisions. RIGHT TO RETURN TO WORK The DOL confirmed in the guidance that an employee is entitled to return to the same or a nearly equivalent job once the employee returns from either emergency paid sick leave or expanded family and medical leave. The DOL further clarified that the employee is not protected from employment actions, such as layoffs, that would have affected that employee regardless of whether he or she took leave. The employer must show that the employee on leave would have been laid off even if he or she had not taken the leave. The DOL guidance also suggests that the “key” employee exception under the general FMLA rules apply to both types of leave. The “key” employee exception allows an employer to deny a “key” employee (a salaried, FMLA eligible employee who is among the highestpaid 10 percent of all employees within 75 miles) the right to restoration to his position after returning from leave, if the employer can show a substantial and grievous economic injury as a result of the restoration and sent notice to the employee. The DOL also explained the exception provided in Section 3102 of the FFCRA, which states that if the employer employs fewer than 25 employees and the employee took leave to care for a child whose school or place of care was closed, then the employee is not entitled to restoration in his or her prior position if: 22

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1. the position no longer exists due to economic or operating conditions due to COVID-19 related reasons during the period of the employee’s leave; 2. the employer made reasonable efforts to restore the employee to the same or an equivalent position; 3. the employer makes reasonable efforts to contact the employee if an equivalent position becomes available; and 4. the employer continues to make reasonable efforts to contact the employee for one year beginning on the date the leave concludes or 12 weeks after the leave began, whichever is earlier. EXPANDED FAMILY AND MEDICAL LEAVE IN ADDITION TO NORMAL FMLA LEAVE The DOL’s guidance explains that an employee is only eligible for expanded family and medical leave if they have not already taken the maximum leave available under the general FMLA provisions. Generally, an employee may take a total of 12 workweeks of FMLA leave during an applicable 12-month period. So, if an employee already has exhausted 12 workweeks of FMLA leave during the 12-month period, then the employee is not allowed to take the additional expanded family and medical leave until after the new 12-month period begins. Additionally, any expanded family and medical leave taken by an employee counts against this 12-week total for general FMLA leave. SMALL BUSINESS EXEMPTION An employer with fewer than 50 employees is exempt from providing (1) paid sick leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons and (2) expanded family and medical leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons, if providing the leave would jeopardize the viability of the small business as a going concern. To claim this exemption, an authorized officer of the business must determine that: 1. providing either type of leave would result in the business’s expenses and financial obligations exceeding available business revenues and cause the business to cease operating at a minimal capacity; 2. the absence of employees requesting leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business or responsibilities; or 3. there are not sufficient workers who are able, willing, and qualified to perform the labor or services provided by the employee requesting leave, and these labor or services are needed for the small business to operate at a minimal capacity. Small businesses are not exempt from the requirement to provide paid sick leave for other qualifying reasons. The DOL has not provided guidance yet regarding how employers should request the exemption or document the reasons for the exemption. The FFCRA became effective on Wednesday April 1st. ISSUE 1 | 2020


CONCLUDING REMARKS This third round of guidance issued by the DOL has provided some crucial clarification regarding the applicability of the FFCRA, including key definitions for “health care provider” and “emergency responder,” and the analysis for determining whether an employer with fewer than 50 employees is eligible for the small business exemption under the FFCRA. Employers should carefully review this guidance and should also anticipate additional guidance when the FFCRA goes into effect on Wednesday, April 1st.

FREDRICK PREIS Fred Preis is a partner in the New Orleans office where he is a senior member of the labor and employment law section. Prior to serving as an officer in the United States Army, Fred earned both his undergraduate degree in business and his law degree from Louisiana State University. He has been representing management in labor law and employee relations matters throughout the United States for more than 30 years. He can be reached at fred.preis@bswllp.com

RACHAEL JEANFREAU Rachael Jeanfreau is a partner in the New Orleans office, practicing in the areas of labor and employment law and commercial litigation. Ms. Jeanfreau received her Juris Doctor from Tulane University Law School, magna cum laude, in 2011 where she was a member of the Tulane Law Review. She received her Bachelor of Arts from Louisiana State University, summa cum laude, in 2007. She can be reached at rachael.jeanfreau@bswllp.com

PHILIP GIORLANDO Philip Giorlando is an associate in the New Orleans office of Breazeale, Sachse & Wilson, L.L.P. He received his Juris Doctor from Paul M. Hebert Law Center in May 2018 where he served as Senior Editor for the Journal of Energy Law and Resources. Philip earned his Bachelor of Science in Accounting from Louisiana State University in May 2015. He can be reached at philip.giorlando@bswllp.com


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BREAZEALE, SACHSE & WILSON, L.L.P. Established in 1928 in Baton Rouge, Breazeale, Sachse & Wilson, L.L.P. (“BSW”) is one of the oldest law firms in the state of Louisiana. We take great pride in our long history of client service. With more than 70 attorneys, the firm is among the largest firms in the state and one of the larger law firms in the South. BSW’s clients range from individuals and start-up companies, to Fortune 500 corporations, governmental entities and not-for-profit institutions. Breazeale, Sachse & Wilson, L.L.P. is an active member of the Louisiana Motor Transport Assocation (LMTA) and supporter of Open Road Magazine.


The attorneys at Breazeale, Sachse & Wilson serve as a key resource to transportation companies throughout Louisiana in matters that are unique to the industry. The BSW transportation team is on call 24/7 to assist clients with their legal needs during a crisis.

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2020 A dv e rt i si n g


SolD For 2020 SolD For 2020 SolD For 2020

1 issue $1,600 $1,500 $1,400 $1,350 $900 $750



2020 Annual

Sponsorship Opportunities Annual sponsorship $20,000




PRESENTING SPONSOR for one of the following: Annual Convention, Seafood Gala

PRESENTING SPONSOR for one of the following:

Advertisment on LMTA app during events

Advertisment on LMTA app during events

6 week feature in LMTA’s Truck Talk weekly newsletter Logo & link to your website on LMTA home & sponsor page

4 week feature in LMTA’s Truck Talk weekly newsletter

3 week feature in LMTA’s Truck Talk weekly newsletter

Logo & link to your website on LMTA home & sponsor page

Logo & link to your website on LMTA home & sponsor page

Boosted “Thank You” Facebook post

Boosted “Thank You” Facebook post

Boosted “Thank You” Facebook post

Large signage at all LMTA events

Large signage at all LMTA events

Large signage at all LMTA events

2 week feature in LMTA’s Truck Talk weekly newsletter Logo & link to your website on LMTA home & sponsor page

Up to $1250 in comped event registrations

Up to $1250 in comped event registrations

Up to $625 in comped event registrations

Logo on sponsorship sign

Company feature for one month in LMTA’s Annual Calendar

FULL PAGE complementary feature in 2020-21 Membership Directory

Company feature for one month in LMTA’s Annual Calendar HALF PAGE complementary feature in 2020-21 Membership Directory

Company feature for one month in LMTA’s Annual Calendar

Truck Driving Championship, Fall Transportation Conference or Winter Management Summit


Specific event sponsorship

Silver $2,500 designated event sponsor

1 week feature in LMTA’s Truck Talk weekly newsletter 1 complimentary event registration Logo recognition during the event Logo on event website Event recognition on-site


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DESIGNATED SPONSOR for event at Annual Convention

QUARTER PAGE complementary feature in 2020-21 Membership Directory



DESIGNATED SPONSOR for event at Winter or Fall Meeting

Up to $400 in comped event registrations

Company listing in LMTA’s Annual Calendar Company listing in 2020 Membership Directory


Bronze $1,250 1 complimentary event registration Logo recognition during the event Logo recognition on event website Event recognition on-site

Nickel $500 Recognition during the event Recognition on event website Event recognition on-site

event supporter $150 Company name & info bolded in attendee listing


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