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Hair Testing Guidelines Coming Within a Year for Commercial Motor Vehicle Drivers

Published December 24, 2015 ■ Legal Watch

Lexology (12/11/15) Kathryn J. Russo

The Fixing America’s Surface Transportation Act, signed into effect on Dec. 4, among other things directs the U.S. Department of Health and Human Services to issue scientific and technical guidelines for the use of hair testing for drugs for commercial motor vehicle drivers within one year of enactment of the act. Once DHHS has done so, motor carriers regulated by the U.S. Federal Motor Carrier Safety Administration will be allowed to use hair testing for drugs for pre-employment purposes as well as for random drug tests, if the driver was subject to the testing for pre-employment purposes. The law exempts drivers with established religious beliefs that prohibit the cutting or removal of hair.

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Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?

Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.

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Hair Testing Guidelines Coming Within a Year for Commercial Motor Vehicle Drivers

Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?

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