15 minute read
A closer look at Lake Erie Transportation
Congress Must Protect Businesses From Baseless COVID-19 Lawsuits
Jezree Friend is the senior government relations representative at the Manufacturer & Business Association. Contact him at 814/833- 3200, 800/815-2660 or jfriend@mbausa.org.
Since the early days of the Industrial Revolution, manufacturing has been the heart of the Pennsylvania economy. During good times and bad and throughout history, manufacturers have continually adapted, rising to each challenge to provide job security and economic stability for the region. The COVID-19 pandemic has proven no different. Despite threats of shutdowns, business closures or shifting operations to serve customers due to stay-at-home orders, manufacturers across the country have been fighting back against the spread of the virus while still keeping the economy moving. COVID-19 has created uncertainty for all of us, including those businesses that have been operating throughout the crisis. With our understanding of the virus evolving daily, federal and state government guidelines and restrictions have continually changed and without warning. Still, manufacturers have done their part to ensure essential employees remain protected despite the confusion. These companies are making significant investments to adjust to the new safety precautions associated with COVID-19. Many are instituting intense cleaning procedures, regular temperature checks and social distancing, as well as investing in personal protective and safety equipment. However, despite these good intentions, like hungry wolves, trial lawyers are trying to exploit this pandemic to use legal “gray area” to sue companies over COVID-19.
At a time when densely populated areas of Pennsylvania are seeing COVID-19 cases rise, Erie County maintains one of the lowest fatality rates at 4.8 per 100,000 residents. While favorable to the region, our businesses have good reason to be concerned. Health and government officials still do not fully understand the spread of COVID-19. At any point, an employer that has been doing the right thing could be unfairly blamed for the spread of the virus, opening the floodgates to unfair and baseless accusations.
This is not hypothetical. We already have seen this happening right here in Pennsylvania, with at least 161 COVID-19- related complaints filed. Unfortunately, these lawsuits, or even the threat of them, could devastate COVID-19 recovery efforts in our region by disrupting operations and halting the production of critical supplies. Manufacturers, already facing extreme uncertainty and the financial impacts of the pandemic, are working on the front lines to combat this crisis. Many have shifted and intensified operations to produce masks, surgical gowns, face shields and hand sanitizer to aid our health-care heroes and protect Americans. It is the manufacturers, working alongside national efforts, racing to discover the COVID-19 vaccine. These companies should not be hit with predatory lawsuits during such an unprecedented time. The Manufacturer & Business Association has partnered with many employer groups who have released a comprehensive roadmap to help lawmakers address COVID-19 liability reforms. These specific, narrow measures would effectively expand Good Samaritan protections and clarify the handling of lawsuits that deal with workplace transmission theories. These would in no way allow businesses to get away with reckless or intentional actions that disregard health and safety standards. Rather, they would just give much-needed protections to the many companies trying to do the right thing to keep their employees safe during the pandemic. As Congress continues to work to address the fallout from COVID-19, it is critical policymakers look to protect businesses working in good faith from bad faith coronavirus lawsuits. Manufacturers have risen to the challenge time and again, providing essential supplies to help fight the virus and to keep the supply chain operating. Now, it is up to the Pennsylvania congressional delegation and the rest of Congress to do what is right for manufacturers and the families they employ.
Our results set us apart
We offer superior care and results for patients when compared to nursing homes. Research* tells the story. Connect with a higher level of care at Encompass Health Rehabilitation Hospital of Erie.
Learn more at ehc.rehab/mbe2020
143 East Second Street • Erie, PA 16507 814.878.1200
*Dobson | DaVanzo analysis of research identifiable 20% sample of Medicare beneficiaries, 2005-2009
©2020:Encompass Health Corporation:1514451PPE-04
Get Your Mental Health Benefits Back on Track
According to a recent article in Benefits Pro, the COVID-19 crisis is expected to exacerbate mental health issues, and employers need to be ready. To understand the importance of mental health benefits, it is interesting to note that 42 percent of American adults have seen a counselor at some point, and 36 percent are open to the idea. Beyond the individual impact, unaddressed mental health issues can create unintended costs for your organization. Sixty-one percent of workers have reported that mental health issues impact their ability to work productively, costing millions of dollars in lost work and absenteeism annually. It is anticipated that this will be amplified by the COVID-19 crisis, as employees worry about their families’ physical health and finances. For many employers, turning this trend around does not require a complete overhaul of employee benefits. Here are some tips to establish or re-establish your mental health offering:
Leverage existing benefits
Connect with your broker to see exactly what is covered under your existing program. As part of the Affordable Care Act, The Mental Health Parity and Addiction Equity Act expanded minimum coverage requirements to ensure mental and behavioral health services were on par with physical health coverage. Many employers also offer employee assistance programs (EAP), which provide support to workers in crisis, providing access to mental health benefits like short-term counseling and provider referrals. Consider employee education and communication to remind them of these benefits.
Open a line of communication
Taking advantage of observations such as Mental Health Awareness Month in May, is a great way to open a line of communication. Educational materials remind employees that their coverage extends to mental health while eliminating the stigma of getting help.
Leverage technology
COVID-19 has exposed the power of technology, and telemedicine is a trend we are now seeing. As the COVID crisis amplified feelings of isolation, anxiety and depression but made in-person counseling or mental health physician visits too risky, employees have turned to telemedicine and other virtual care options. With these building blocks in place, employees will feel more comfortable and confident using their mental health benefits.
Melissa Damico is the manager of Client Services at the Manufacturer & Business Association. Contact her at 814/833-3200, 800/815-2660 or mdamico@mbausa.org.
MAJORITY OF COMPANIES REVAMP TRAVEL POLICIES DUE TO COVID-19
Business travel will resume only when safe, according to a new poll from FCM Travel Solutions and Corporate Traveler. The majority of companies are also looking to revamp their travel policies to reflect increased duty of care considerations post COVID-19
Asked to rank which triggers would prompt resuming business travel, easing or lifting border restrictions still came top with 93 percent of respondents saying it has significant or some impact. However, the second trigger (89 percent) is “our organization deems it safe to travel and this is reflected in our travel policy.”
In terms of changes to travel policy post COVID-19, 59 percent of participants said that traveller and supplier health and hygiene factors would be a top priority.
Duty of care obligations ranked the second most dominant area for change (44 percent of respondents).
A total of 1,600 business travel managers, bookers and travelers at FCM’s multinational large-scale clients and Corporate Traveler’s SME customers in EMEA, Asia, the Americas, India, Australia and New Zealand were surveyed again in the second poll in June 2020.
TRUCKING FREIGHT INCREASES 3 PERCENT YEAR OVER YEAR, REPORT FINDS
The trucking industry collectively moved 11.84 billion tons of freight in 2019, according to American Trucking Associations’ annual data compendium — ATA American Trucking Trends 2020 — which was released July 13. That figure is a 3 percent year-over-year increase from 2018’s 11.49 tons of freight. Trucking generated $791.7 billion in revenue in 2019, a slight decline of 0.62 percent from 2018’s $797.7 billion in revenue, the report said. “Despite a challenging year, the data contained in American Trucking Trends shows the industry was in good shape entering the global pandemic,” ATA Chief Economist Bob Costello said, in an article by Transport Topics. Trucking revenues accounted for 80.4 percent of the nation’s freight bill compared with 80.3% in 2018, an increase of 0.12 percent year-overyear, the report said. Put another way, on average trucking collected 80.4 cents of every dollar spent on freight transportation. Both the tonnage and revenue figures included for-hire (truckload and less-than-truckload) and private carriage companies. With the U.S.-Mexico-Canada Trade Agreement now ratified and in place, the report also shows the economic importance of crossborder trucking.
IS DRIVING A VEHICLE WHILE TRAVELING COUNT AS HOURS WORKED?
Yes, it counts as hours work, regardless of whether the travel takes place within or outside normal work hours.
DOES RIDING AS A PASSENGER OUTSIDE OF NORMAL WORK HOURS, VIA AIRPLANE, TRAIN, BOAT, BUS OR AUTOMOBILE COUNT AS HOURS WORKED?
No, it does not (unless work is being done).
WHEN AN EMPLOYEE IS WORKING WHILE TRAVELING, IS THAT TIME COMPENSABLE?
Yes.
DOES TIME SPENT WAITING AT THE AIRPORT COUNTS AS HOURS WORKED IF IT OCCURS WITHIN NORMAL WORK HOURS?
No (unless work is being done).
HAVE AN HR OR EMPLOYMENT LAW QUESTION? GET ANSWERS!
We know that urgent employment issues can arise at a moment’s notice. As a member, you can call our certified HR specialists and labor and employment law attorney anytime, at no charge for counsel on a broad range of workplace-related issues including: • Hiring and firing practices • Company policies • Compensation and benefits • Employment law • Employment agreements • Workers’ compensation • Affirmative Action Plans • Unemployment compensation claims • Employee handbook policies • OSHA compliance • Sexual harassment • Family Medical Leave Act • COBRA • Americans with Disabilities Act Contact our HR & Legal Hotline today at 814/833-3200 or 800/815-2660, or email hrservices@mbausa.org.
The Fair Labor Standards Act (FLSA) regulates what constitutes compensable time or hours worked. Under the FLSA, compensable time includes all hours an employer “suffers or permits” its employees to work. This may occasionally include an employee’s travel time. In addition, a workday begins when an employee starts their principal activity and ends when he or she finishes his or her last principal activity of the day. Therefore, the amount of compensable time during a workday may be longer than the employee’s scheduled shift, hours, tour of duty or production line time. Whether time spent traveling is compensable depends upon the specific type of travel involved. Here are some examples: Traveling from home to work: An employee who travels from home before the regular workday and returns home at the end of that same workday is engaged in ordinary home to work travel. This travel time is not compensable work time. Traveling from home to a customer’s workplace in emergency situations: Traveling from home to a customer’s workplace is compensable if the employee: • Has gone home after completing a day’s work; and • Is subsequently required to travel a “substantial distance” to perform an emergency job at a customer’s workplace. This time may also result in paid overtime work. The U.S. Department of Labor (DOL) does not define “substantial distance.” Note: Travel from an employee’s home to a customer’s workplace is compensable; however, there is no guidance on whether time an employee spends traveling from home to the employer’s workplace and back related to an emergency call outside of an employee’s regular hours is compensable work time. For more information on other travel time scenarios, please see Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act at www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs22.pdf.
Rose Bruno, PHR, SHRM-CP, is an HR consultant at the Manufacturer & Business Association. Contact her at 814/833-3200, 800/815-2660 or rbruno@mbausa.org.
Headquarters: 3025 West 17th Street Erie, PA 16505
Phone: 814/825-9891
www.lel-erie.com
Lake Erie Transportation is a comprehensive logistics company providing services to various parts of the supply chain world. Lake Erie Transportation, LLC was formed in 2016 as the parent company of Lake Erie Trucking, LLC and Lake Erie Logistics, LLC. Reintroducing the name Lake Erie Trucking is a revitalization of what was the foundation of the organization in its beginnings. Lake Erie Trucking’s roots run deep as one of Erie’s oldest trucking companies. The focus of the company has always been to put the customers’ needs first. Each division of the organization is an integral part to the company’s overall success.
Trucking
Lake Erie Trucking, LLC is an asset-based trucking operation providing regional tri-state less-than-truckload, full truckload, dedicated, temp-controlled, and hot shot services in the Erie region. Trucks reach the cities and surrounding areas of Pittsburgh, Pennsylvania, Cleveland, Ohio, Buffalo and Jamestown, New York, and all points in between every day. Specializing in next day service and first and last mile deliveries, LET works with a customer base in various areas of the supply chain world hauling everything from locomotive parts to food and retail commodities. Whether it is one skid, or a truckload of freight LET’s dedicated group of drivers and management strive to exceed customer expectations and provide ontime service.
Logistics
Lake Erie Logistics, LLC (LEL) was started in 2007 to expand its quality local services on a
broader spectrum with larger nationwide coverage COMPANY PROFILE capabilities. LEL is the third-party division of LET specializing in ground expedite and nationwide logistic solutions. Working with a trusted group of partners, LEL can provide an all-around customer solution to move freight throughout the United States and Canada. Each shipment is met with a hands-on approach by a trusted team of professionals to make sure that freight is picked up and delivered on time.
Crossdock / Warehousing
Working hand in hand with its trucking and logistics divisions, Lake Erie Crossdock provides short-term crossdocking and warehousing solutions for its customers. Whether the problem is floor space, overtime, or simply a freight surge, LET can offer a cost-effective answer to that problem. LET can pickup material at a time that is convenient for you and handle all the other worries that come with shipping and receiving.
Maintenance What’s on the horizon….
Lake Erie Trucking provides heavy duty diesel In the midst of a global pandemic, LET looks maintenance and repair for its own fleet, as well to support those who need help the most. as outside customers. Well-trained mechanics When customers ask, LET listens and delivers. and technicians offer a wide variety of services Yesterday’s challenges are continually met from state inspections to complete truck rebuild with new ideas being brought to the industry capabilities. In-house mechanics specialize in almost daily. pre-emission equipment and will keep your trucks on the road. Lake Erie Trucking’s new “HD” Service is meant to meet the needs of small businesses and individuals that do not have large facilities equipped with loading docks and forklifts. HD (Home Delivery) is a First Mile / Last Mile service that provides shipping options for individuals who buy and sell items on online marketplaces. LET operates a variety of vehicles that can accommodate any shipping need from tractor trailers and flatbeds, to box trucks with liftgates, as well as other smaller units such as a 16-foot flatbed and cargo vans. The simple acronym of the name Lake Erie Transportation — LET — echoes the deepest philosophies of the organization. LET us help. LET us work with you. LET us be a part of your transportation solution!
LET Us Drive for You!
See the many ways that the MBA is keeping members engaged and informed in person and online, as well as recognizing some of our recent member milestone anniversaries. To learn more, visit www.mbausa.org.
The MBA is back to celebrating member anniversaries and recently presented a 40th anniversary plaque to Aries Sprinkler Protection located in Butler, Pennsylvania.
Home Improvement Center in Butler is marking its 40th year in business in 2020. The company is family owned and operated and has a 32,000-square-foot showroom as well as an old-fashioned hardware store.
Mike Batchelor, president of The Erie Community Foundation, addresses MBA members during the Nonprofit Matters webinar on July 23.
Unlimited Staffing is celebrating its 30th year in business as a staffing specialist firm. The company is located in Butler.
At the MBA, safety is a top priority. Members will notice a few changes in the way that in-person classes are conducted, including wearing masks and following social distance guidelines and sanitizing protocols. Courses are also available virtually or onsite.
Stick with what works. 96% of businesses that choose UPMC Health Plan stay with UPMC Health Plan.
You’ve given a lot of thought to your employees’ health coverage. And you’ve come to a familiar conclusion – nothing’s better than UPMC Health Plan. Choose us for affordable plan options. Full in-network access to UPMC along with other doctors and hospitals in the community. Care when you travel. Service from a designated Health Care Concierge. And health tools that keep up with busy lives and schedules. All this is worth sticking with, don’t you agree? To learn more, visit UPMCHealthPlan.com/employer. #stickwiththeplan
