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06 Jan

Posted at 17:19h in Industry News, Regulatory
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The U.S. Department of Labor today announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). Sharpening the test to determine who is an independent contractor under the FLSA makes it easier to identify employees covered by the Act, while recognizing and respecting the entrepreneurial spirit of workers who choose to pursue the freedoms associated with being an independent contractor. The Final Rule includes the following clarifications: Reaffirms an “economic reality” test to determine whether an individual is in business for him or herself (independent contractor)...

11 Dec

Posted at 15:17h in Advocacy, Industry News, Regulatory
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Renew Kansas Biofuels Association has been working toward amending Kansas and Missouri regulations and State Implementation Plans (SIPs) to allow for year-round sales of E15 fuel in Kansas City. EPA Region 7 Administrator Jim Gulliford reported this morning on WIBW's Ag Issues program he fully expects E15 to be available for the 2021 summer driving season in Kansas City. A link to the entire interview is available via the button below. The Kansas City E15 segment occurs at the 9:20 - 10:30 mark. Update: The final revocation of KDHE regulation (K.A.R. 28-19-719)...

07 Dec

Posted at 16:37h in Advocacy, Industry News
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On Friday, Dec. 4, Renew Kansas Biofuels Association organized a coalition of 14 agriculture-related organizations and led efforts of sending a letter to Governor Laura Kelly and Kansas Secretary of Agriculture Mike Beam emphasizing prioritizing distribution of COVID-19 vaccines among agricultural employees. The National Academies of Science (NAS) and the Centers for Disease Control (CDC) independently determined front line agricultural workers are essential to the economy and recommended prioritizing these workers behind health care professionals and other vulnerable individuals. The letter requested Governor Kelly and Secretary Beam follow the CDC &...

20 Nov

Posted at 15:25h in Advocacy, Regulatory
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The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) released an interim final rule on the definition of agricultural commodity for use in determining which agricultural products are eligible to be hauled under the agricultural exemption to the hours-of-service (HOS) rules for truck drivers. Because of the agricultural exemption, HOS regulations do not apply to the transportation of agricultural commodities by truck drivers operating completely within the 150 air-mile radius. Therefore, work and driving hours that occur within 150 air-miles of the source of the origin are not...

19 Nov

Posted at 15:18h in Advocacy, Industry News, Regulatory
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Governor Laura Kelly has announced several new plans to combat the spike in COVID-19 cases, among them a statewide face-covering protocol. This order allows counties one week to create their own version of a mask ordinance or they will automatically come under the governor’s face mask requirements. However, they can still opt out of the order under state law. “As COVID-19 continues to spread through Kansas communities and hospitalizations increase at concerning rates, it is clear we must take action to protect our communities and our economy,” Governor Laura Kelly said. “Today’s actions...

09 Nov

Posted at 15:52h in Industry News, Regulatory
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The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is proposing to create a pilot program to allow truck drivers aged 18-20 to drive across state lines. This is an effort to make federal law more consistent with state laws. Currently, in 49 states, the minimum age for intrastate truck operation is 18, while the federal minimum is 21 for interstate truck operation. Required Training for Pilot Program Drivers: FMCSA proposes to allow 18- to 20-year-old CDL holders to operate CMVs in interstate commerce while taking part in a 120-hour probationary...

20 Oct

Posted at 19:27h in Regulatory
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Renew Kansas Biofuels Association has received updated guidance from the Kansas Department of Transportation (KDOT) and the Kansas Highway Patrol (KHP) regarding the COVID-19 truck weight exemption set forth in Governor Laura Kelly’s Executive Order 20-65. The exemption allows for a 10 percent weight waiver (up to 90,000 pounds) on trucks hauling essential goods for direct relief of the COVID-19 pandemic. KDOT and KHP have provided the following guidance on the COVID-19 truck weight exemption under Governor Laura Kelly’s Executive Order 20-65: Only livestock and livestock feed would qualify for this...

30 Sep

Posted at 18:26h in Advocacy
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The Kansas Corporation Commission has received a new electric rate study from the consultant hired the by Kansas Legislature. The purpose of the study was to understand why Kansas electricity rates are some of the highest in the nation. The findings in the study will be used to help guide important energy policy discussions in the upcoming legislative session. The electric rate study was commissioned by the Kansas Legislature in two parts. The first phase – which reviewed the effectiveness of the state’s ratemaking policies - was completed earlier this year....

25 Sep

Posted at 14:04h in Regulatory
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Today the Federal Register published a U.S. Department of Labor proposed rule offering clarity to the determination whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. In the proposed rule, the Department would: Adopt an “economic reality” test to determine a worker’s status as an FLSA employee or an independent contractor. The test considers whether a worker is in business for himself or herself (independent contractor) or is economically dependent on a putative employer for work (employee); Identify and explain two “core factors,”...

24 Sep

Posted at 19:46h in Regulatory
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Date: Thursday October 8, 2020 Time: 2 PM (EST) 11 AM (PST) With thousands of OSHA Standards, many employers find the rules are too numerous to memorize, not to mention they are often difficult to decipher and implement. Each year, OSHA publishes a list of "Top Ten Most Frequently Cited Standards" in an effort to alert employers about standards the agency has issued the most citations for. The hope is employers will learn from these results and take steps to find and abate the hazards addressed in this list of standards, before...

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