In an effort to keep our readers up to date with recent legal developments and trends, we summarize below what is new in the law (both in legislation and in business) and provide a “disclaimer” about what to what to expect in the coming months. We hope this will be useful to you.

What’s new

Motion to Force Arbitration Denied for Violation of Personal Records Act

Disputes regarding the enforceability of arbitration agreements have led to many hotly contested legal battles covering a wide range of legal theories, e.g., waiver, lack of consideration, unconscionability, violation of public order , etc In a recent victory for employees, an employer’s lax response to a statutory request for a personnel file led to a waiver finding by the employer and the denial of a motion to compel arbitration.

Under the Massachusetts personnel records law, MGL v. 149, § 52C, an employee must receive a copy of his personnel file within 5 working days of a written request. In Hernandez vs. Universal Protection Service, LLC, No. 2181cv00335 (Middlesex Super. Ct. Aug. 23, 2021) (Frison, J.), the employer failed to provide the employee with a copy of the arbitration agreement in response to her personnel record request. Further, the employer has not disclosed its intention to seek enforcement of the arbitration agreement at any time until the matter is brought to court. In the circumstances, the court found that the employer’s failure to disclose the arbitration agreement constituted a waiver of the employer’s rights under it, and the employer’s motion to compel the arbitration was dismissed.

And speaking of the Personnel Records Act…

Massachusetts’ highest court, the Supreme Judicial Court (“SJC”), recently ruled in Meehan v Medical Information Technology, Inc.177 NE3d 917 (Mass. 2021), that an employee who has been terminated for exercising his statutory rights under the Personnel Records Act to file a written rebuttal may, indeed, pursue legal action for termination abusive in violation of public order, reversing the dismissal of the plaintiff’s claim by the lower courts.

In the context of an at-will employment relationship, the basis for a claim of “wrongful dismissal” is often misunderstood. In short, there is no widespread claim for wrongful dismissal. The source of legal rights and protections for an employee at will may be rooted in statute (for example, our state and federal anti-discrimination statutes, wage payment, and whistleblower laws) or under common law. (for example, in violation of the commitment of good faith and loyalty or public order).

Massachusetts courts have long recognized a common law exception to the at-will doctrine that allows employees to seek relief for asserting a right guaranteed by law, refusing to do what the law prohibits, doing what the law requires and other important public acts. While the SJC fits in Meehan is important from a broader public policy perspective, clarifying that an employer cannot simply fire an employee for exercising a legal right, and that the public policy exemption extends to the exercise of rights under the Personnel File Act, it is worth noting the unusual procedural position of this case.

In Meehan, at least for the purposes of the defendant’s motion to dismiss, there was no dispute as to the reason for the dismissal decision (i.e. the act of submitting a written rebuttal to a performance evaluation ), and the content of the written rebuttal was not in issue. It’s atypical. It is far more common for the grounds for termination and the content and substance of the rebuttal to be central issues in litigation.

As a result, however satisfying a win may be for employees, to enjoy it, employees must proceed with caution and strategy.

Reprisal investigations: when the accuser becomes the accused

As we’ve discussed in our newsletters before, what constitutes “adverse employment action” in discrimination and retaliation cases is not limited to quiet acts causing immediate economic harm, such as dismissal or demotion. Instead, protections against unlawful discrimination also encompass employment actions that adversely affect “the terms, conditions, and privileges of employment.” Yee c. Mass. state police, 481 Mass. 290, 295 (2019); see also The High Court reinforces discrimination is more than a question of money.

In the context of retaliation cases, the U.S. Supreme Court has made it clear that an adverse act can include any conduct that “might well deter a reasonable worker from” engaging in the protected activity, such as filing a a complaint of discrimination. See Burlington North and Santa Fe Ry. Co. c. White548 US 53, 57 (2006).

Unfortunately, as a recent case from the US District Court in Massachusetts illustrates, Stuart v. City of Gloucester, 2021 WL 4477476 (D. Mass, September 30, 2021), employees who bring internal complaints in good faith may sometimes be subject to retaliatory investigations. While the plaintiff in Stuart ultimately failed on several of its lawsuits, the Court readily acknowledged that an internal investigation initiated in the wake of the plaintiff’s protected activity (here the exercise of his First Amendment rights) may constitute an adverse action in employment matters, noting that an “investigation of the plaintiff’s conduct may also be considered an adverse employment action, as even the threat of an investigation by his or her employer could dissuade an ordinary employee from filing a complaint or otherwise exercise its [legal] rights.”

Investigating whistleblowers and those who file complaints is an increasingly common page in the executive lawyers’ playbook, and navigating such investigations is treacherous – having the advantage of an experienced lawyer to help could be essential.

Joint Analysis of Employers under Massachusetts Wage and Hour Laws

Under Massachusetts wage and hour laws, employers are subject to strict liability and strong remedies are available to employees who have been wrongly classified as independent contractors or otherwise denied wages, including damages. -compulsory interest and attorney’s fees. For successful employees, having a “million dollar” judgment on hand for wages owed is little comfort when the company is bankrupt and/or there is no otherwise viable collection route. . Therefore, a strategic question, particularly in situations where the solvency of the employer is a concern, is whether several entities can be held liable as an “employer” in a joint analysis of the employer.

In Jinks v Credico (USA) LLC, 177 NE3d 509 (Mass. 2021), the SJC recently addressed the proper standard for determining joint employer status under Massachusetts wage and hour laws. In short, the SJC has adopted the “totality of the circumstances” standard used under federal wage and hour law, guided by a helpful framework of four factors. These factors include whether the alleged employer (1) had the authority to hire and fire the employee; (2) supervised and controlled working hours or conditions of employment of employees; (3) determined the rate and mode of payment; and (4) maintained employment records.

Remember, however, that the CJS has cautioned that these four factors are not “carved in stone and will not be applied blindly,” and that no one factor is determinative.

What’s coming

The Timing and Scope of Mandatory Triple Damages Awards Under Massachusetts Wage Law

The Massachusetts Wages Act, GL c. 149, § 148, requires prompt and full payment of all wages earned. Employees deprived of timely payment of these wages are entitled to triple mandatory compensation, plus attorney’s fees. Identifier.§ 150. Currently pending before the SJC, two cases will further clarify the timing and scope of damages awarded under the Wages Act.

Reuters c. City of MethuenSJC-13121

In Reutersthe CJS will decide whether—when wages are paid late but before employee takes legal action – an employee is entitled to triple the total amount of late paid wages or is limited to recover three times accrued interest from the late payment.

Devaney vs. Zucchini GoldSJC-13176

Massachusetts wage law and the federal Fair Labor Standards Act (“FLSA”) are similar but not identical, for example, the FLSA does not provide for mandatory tripling of damages. The question for the SJC in Devaney is whether, where an employer violates the FLSA but not the Wages Act, the mandatory treble damages of the Wages Act apply. Many lower courts answered yes, and Devaney gives the highest court in Massachusetts the opportunity to definitively answer this question.

The Academic Staff Union of Universities (ASUU) will hold its National Executive Council (NEC) meeting on Sunday to assess the ongoing strike “to know the next course of action to take”.

The president of the union, Emmanuel Osodeke, professor of soil sciences, who confirmed it on the telephone to our journalist on Saturday, did not, however, give details of the planned meeting.

However, a source among NEC members, who does not want to be named to avoid sanctions, said the meeting would be held in Abuja.

About UTAS

Mr Osodeke has chastised the Nigerian government for its recent revelation that the University Transparency and Accountability Solutions (UTAS) developed by the union to replace the Integrated Personnel Payroll Information System (IPPIS) had failed tests. ‘integrity.

He said that UTAS is currently undergoing another round of tests, saying that the previous tests were not subject to the particularity of the universities.

The Director General of the National Information Technology Development Agency (NITDA), Kashifu Inuwa, had noted UTAS failed three integrity tests – User Acceptance Test, Vulnerability Test and Stress Test, which were conducted by its agency.

He said; “We did these three tests with them and the system did not pass. We drafted the reports and handed them over to the Honorable Minister, which he forwarded to all relevant institutions, including ASUU. As we speak, ASUU is working, trying to fix all the issues we have highlighted with the system and we will review it. But that’s only half the story.

But Mr Osodeke accused the government of lying. He said UTAS passed between 77 and 85%, adding that “you can’t say that software that scored close to 80% failed.”

He said: “Also we found out that during the tests they didn’t look at the particularity of the universities, which we explained in the meeting we had between Thursday and yesterday (Friday).

“They said they wanted to do the test again because what they had done before was not correct. Those who did it did not know the particularities of the universities, what they are doing now. And at the moment where they are through, you will get an appropriate report.

“Our technical team is now there with them. They are there with observers from the Department of Education, Labor, Accountant General, Wage and Salary Commission. Before, they weren’t there. They just did it by themselves.

Renegotiation

Speaking on the renegotiation of the 2009 agreement, the union president said the three months given to the renegotiation committee was not for the ASUU, adding that the government had not yet contacted the union at subject of the new development.

He said, “I don’t think the three months are for ASUU. If you look closely at the terms of reference, the three months are for the other unions, not for ASUU, because we are done with the renegotiation.

READ ALSO : Strike: ASUU says there will be no resumption until 2009 agreement is implemented

“They’re just supposed to go see the document. If there are any problems, they come back to us. These three months, I don’t believe are for ASUU. We hope they will contact us. This is one of the issues we talk about.

“The strike is now in its fourth week, but they haven’t answered us on these issues, that’s why we have problems in the system. The government is not doing its own job”

Earlier in the week, Education Minister Adamu Adamu gave a three month window to the seven-man committee led by Nimi Briggs to review the draft document and renegotiate the 2009 agreement between the government and university worker unions, including ASUU, the National Association of University Technologists (NAAT), the Association of Senior Universities of Nigeria (SSANU) and the Union of Non-Academic Staff of Education and Associated Institutions (NASU).

Speaking earlier on the position of the union’s NEC, ASUU Lagos Zone Coordinator Adelaja Odukoya said, “NEC is very clear on its position regarding the terms of service. He said that until this is resolved and the deployment of the University Transparency and Accountability Solution (UTAS) in the university system is achieved, the strike will continue.

Pass

The ASUU strike, now in its fourth week, was launched to pressurize some claims it accuses the government of failing to deliver on its promises.

After several meetings, the main outcome was the meeting last week where ASUU agreed to present the government’s proposal to its members.

However, PREMIUM TIMES learned that the two most important requests that could put out the fire of the strike were the renegotiation of the 2009 agreement between the Federal Government and ASUU on the working conditions of Nigerian academics and the deployment of UTAS to replace the Integrated Labor Information System. payroll (IPPIS) imposed on universities by the government.

Other demands include payment of earned academic allowances, the university revitalization fund, distortions in salary payments, funding for state universities, and the publication of white papers on visitor signs sent to universities.

Although the Minister of Education has published the names of the teams to write the white papers according to the reports of the visiting committees, the government has not yet inaugurated them to begin work nearly four weeks later.

JOB TITLE: Alumni and Development Systems Specialist

POSITION SUMMARY:
The Alumni and Development Systems Specialist is a position within Information Technology Services who works directly with the Associate Vice Chancellor for Advancement Services and End Users of the Alumni and Development Office to provide technical services, reporting, integration, configuration and custom programming in support of our end users’ advancement/fundraising efforts

TRAINING AND/OR EXPERIENCE REQUIRED:
A bachelor’s degree in business administration, computer science, mathematics, management information systems or related field is required. At least one year of experience with SQL queries and data reporting/analysis is required.

STARTING COMPENSATION: $50,000

CLICK HERE FOR MORE INFORMATION AND TO APPLY.

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JOB TITLE: ERP business analysts-developers

POSITION SUMMARY:
The primary role of ERP Business Analysts – Developer is to act as a liaison between functional end users and IT departments for programming needs for the implementation of Project One at the University of Arkansas Little Rock. This includes understanding and communicating Workday’s complex business processes and developing application solutions to support legacy system remediation required to implement Workday.

TRAINING AND/OR EXPERIENCE REQUIRED:
Bachelor’s degree in business administration, computer science, accounting or management information systems or equivalent education and work experience. Experience with the implementation of ERP projects. Strong communication skills and experience working collaboratively with business users.

STARTING COMPENSATION: $55,000 to $65,000

CLICK HERE FOR MORE INFORMATION AND TO APPLY.

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EVENT: AutoZone Drive-Up Hiring Event

DATE AND HOUR : Wednesday March 16 from 9 a.m. to 3 p.m.

LOCATIONS:

• 4228 E. McCain Blvd Unit A, North Little Rock, AR 72117
• 8800 Colonel Glenn, Little Rock, AR 72204
• 724 S. Bowman Road, Little Rock, AR 72211

FURTHER INFORMATION:

Interviews can be scheduled in advance or candidates are asked to drive in or walk in on the day of the hiring event and speak with one of AutoZone’s representatives. AutoZone will make same-day job postings for qualified candidates and is looking to fill between 50 and 60 positions in the Little Rock subway and surrounding viewing areas. Positions include sales/customer service representatives, delivery drivers, and retail management positions.

If someone is unable to attend any of these events, please feel free to visit your local AutoZone and request an interview with the Store Manager directly or apply online at www. .autozone.com/careers. AutoZone offers competitive salaries, excellent benefits and a great work environment! Join the nation’s #1 auto parts retailer and be “in the zone” with AutoZone!

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EVENT: Methodist Family Health Career Fair

DATED: Wednesday, March 16, 2022

TIME:

• Interviews by appointment from 9 a.m. to 7 p.m.
• Walk-in interviews from 4 p.m. to 7 p.m.

LOCATION:
Cafeteria inside Methodist Behavioral Hospital
1601 Murphy Drive
Maumelle, AR

CONTEXT: Methodist Family Health welcomes job seekers to a fair in central Arkansas. It will be at the Methodist Behavioral Hospital cafeteria at 1601 Murphy Dr. in Maumelle on Wednesday, March 16. The hours of the fair are by appointment between 9 a.m. and 7 p.m. or from 4 p.m. to 7 p.m. , email [email protected].

There are immediate openings for entry-level to leadership positions for professionals who love children and want to see them thrive, and those seeking employment with Methodist Family Health can speak with on-site recruitment of our full-time, part-time and contract career opportunities. Opportunities.

Positions available include:

• Nurses – nurse managers, nurse supervisors, RNs, RPNs and pool
• Therapists – school-based therapists, outpatient therapists, acute clinical therapists, residential treatment center therapists, recreational therapists, day treatment therapists and program coordinators
• Direct care – primary parent teachers, substitute parent teachers, behavioral instructors, supervised independent residential assistant, trained behavioral health providers, program consultants and case managers
• Program support – cooks, cleaners and maintenance

ACM, the Association for Computing Machinery, today announced the launch of a new ACM Journal: Trades on Recommender Systems (TORS). Submissions are now being accepted through the publication’s submission site. The first issue will be published in the spring of 2023 and published on a quarterly basis going forward.

ACM Transactions on Recommender Systems (TORS) will publish high-quality articles that address various aspects of recommender system research. The journal takes a holistic view of the field and calls for contributions from different subfields of computer science and information systems, such as machine learning, data mining, information retrieval, systems web, data science and big data, and human-computer interaction. .

For example, publishers welcome articles on the latest algorithmic approaches to creating, filtering, and ranking recommendations. To present the latest advances, articles describing system architectures and their implementations will also be presented. Beyond purely technical considerations, research that studies the role of human-computer interaction on decision-making, as well as articles that analyze the impact of recommender systems on users, organizations and society, will also play a leading role in the review.

Particular emphasis will also be placed on how the systems are assessed. TOR the editors encourage the submission of articles that propose new ways to evaluate the effectiveness of recommender systems, such as new metrics, protocols, and user studies.

“We are particularly pleased that TOR will be a one-of-a-kind journal devoted exclusively to research on recommender systems,” explained Co-EiC Dietmar Jannach, University of Klagenfurt (Austria).“TOR comes at a very opportune time. As the impact of recommender systems continues to grow, more research is being published and more professionals are joining our ranks. All of this is reflected in the annual ACM RecSys conference, which was recently elevated to an “A” rank by the CORE conference ranking list. TOR will provide even more opportunities for researchers to publish their work. Members of our community will be able to publish research beyond the ACM RecSys conference page limits, and therefore will not be bound by the conference submission deadlines.

“Developing an effective recommender system requires input from computer science, as well as fields such as psychology and marketing,” added TOR Co-EiC Li Chen from Hong Kong Baptist University (China). “From the start, we imagined TOR as a multidisciplinary journal. Our goal is to publish outstanding research related to recommender systems across a wide range of disciplines. At the same time, we are also flexible about the format of contributions we will accept. Of course, traditional research papers will be the cornerstone of TOR content, but we will also welcome investigative articles, industry reports, reproducibility articles, opinion pieces and recorded reports. We want it to be an outlet where people from research and industry can access the full range of ideas that our field needs. We look forward to using TOR as an outstanding research platform that will advance our field.

In addition to Co-EiC Chen and Jannach, the TOR The editorial team is made up of countries from all over the world. Members of the TORS Editorial Board include: Julian McAuley, UCSD (USA); Christine Bauer, University of Utrecht (Netherlands); Joeran Beel, University of Siegen (Germany); Robin Burke, University of Colorado (USA); Pablo Castells, Universidad Autónoma de Madrid (Spain); Guibing Guo, Northeastern University (Shenyang, China); George Karypis, University of Minnesota (USA); Bart Knijnenburg, Clemson University (USA); Joe Konstan, University of Minnesota (USA); Bamshad Mobasher, DePaul University (USA); Weike Pan, University of Shenzhen (China); Francesco Ricci, Free University of Bolzano (Italy); Nava Tintarev, University of Maastricht (Netherlands); Martijn Willemsen, TU Eindhoven (Netherlands); Xing Xie, Microsoft Research Asia (China); Markus Zanker, Free University of Bolzano, Italy; Jie Zhang, NTU (Singapore); and Yongfeng Zhang, Rutgers University (USA).

ACM publishes more than 60 peer-reviewed scholarly journals in dozens of computing and information technology disciplines. Available in print and online, ACM’s high-impact, peer-reviewed journals are a large and comprehensive archive of computing innovation, covering emerging and established computing research for practical and theoretical applications. ACM journal editors are thought leaders in their fields, and ACM’s focus on rapid publication ensures minimal delay in communicating exciting new ideas and findings.

About ACM
ACM, the Association for Computing Machinery, is the world’s largest educational and scientific computing society, bringing together educators, researchers, and computing professionals to inspire dialogue, share resources, and address challenges in the field. ACM strengthens the collective voice of the IT profession through strong leadership, promotion of the highest standards, and recognition of technical excellence. ACM supports the professional growth of its members by providing opportunities for lifelong learning, career development and professional networking.

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Warning: AAAS and EurekAlert! are not responsible for the accuracy of press releases posted on EurekAlert! by contributing institutions or for the use of any information through the EurekAlert system.

One of the most overwhelming challenges in access to education is the intersection of privilege and disposable income.

Access to education has become a privilege, reserved for those who know the ins and outs of the system. It is a privilege for those who understand the complex financial aid paperwork. It’s a privilege to be able to pay expensive tuition or incur five-figure debt.

A bridge to this crossroads is career and technical education, a strength of Virginia’s community colleges. These colleges have grown through financial aid such as G3 and FastForward. According to February data from Virginia community colleges, while overall community college enrollment was down, enrollment in G3-eligible programs increased 9% from a year earlier. Additionally, enrollment in FastForward programs increased by 40%. These programs focus on Virginia’s most in-demand industries, such as skilled trades, healthcare, and information technology.

We are successful in attracting students to these fields through voluntary outreach and financial support. And while the Federal Jobs Act is set to expand Pell grants for short-term stackable workforce programs, I hope Virginians and our General Assembly see that community colleges are doing their work, creating pathways to careers with decent wages.

Chancellor of Virginia Community Colleges

Remote working, a necessity for businesses when the COVID-19 pandemic began two years ago, has since become a way of life for many.

The benefits – more travel, savings on office costs, the ability to increase a company’s candidate pool – can be significant. An Appcast survey found that employers received 12% more applications if they included the option to work from home. The remote work option also reduced the cost of filling the position by 13%, Appcast said. A recent Pew poll shows that 61% of Americans who work remotely say they would choose to stay remote.

Neel Sus, founder and CEO of Susco Solutions, a Metairie-based software company, said his hesitation since going fully remote in March 2020 has dissipated after seeing his business performance remain strong.

“The issues we’ve faced are probably around building culture, staff morale and general well-being, bonding,” he said. Since then, the company has implemented an employee assistance program, leadership development training, regular social events and monthly visits to seek feedback from staff.

“The check-in process helps resolve issues before they become significant,” he said.

Legal experts and HR professionals say there are many other pitfalls to avoid. Businesses may see a drop in productivity. Their employees can hold additional jobs. Some might prefer to work in an office, leading to burnout and disengagement in a remote environment. Issues around cybersecurity, wage and hour laws, workers’ compensation, and home office expenses also need to be considered.

According to experts, it is essential to define policies and procedures in advance and communicate them clearly to employees.

Design a plan

Employers need to create a program with goals in mind, said Amy Bakay, founder and CEO of human resources firm HR NOLA. They should determine whether staff should be fully or partially remote; whether the arrangement is permanent or temporary; whether all or part must work remotely; technology and equipment needs; and flexible schedules compared to a fixed schedule.

Most of the clients she has worked with are professional, administrative and staffing companies that have adopted some type of hybrid or remote work schedule. The most common model is for employees to work from home on Mondays and Fridays and work in the office on Tuesdays, Wednesdays and Thursdays.

Bakay said companies can experiment with this model and revisit it on a specific date to see if employees want to continue. Businesses should maintain a smaller or satellite office even if they move away, as it is beneficial to have a place to go to meet a client and to have access to a printer and the internet if technical problems arise at home , she said.

“Many found there was a better work-life balance, and there was also an increase in productivity,” she said.

Legal issue

Employers should ensure that hourly employees clock in and out, document their hours, and understand that if overtime is required to complete their work, the employee must request it beforehand, according to the lawyers.

Companies considering hiring workers who live in other states should be aware of the labor laws of those states, which can vary significantly from those of Louisiana. Some states require higher minimum wages and designated meal breaks, and there could be potential tax implications.

What if a Louisiana-based employee wants to work remotely from another state or country? That could become a problem if they want to stay longer than a month, according to Rebecca Sha, a labor and employment attorney at Phelps Dunbar’s New Orleans office. One of the biggest risks is whether they will be subject to the labor and tax laws of another state or country.

“It’s a case-by-case decision,” said Sha, who recommends employers consider allowing a temporary move and then review the arrangement.

“If you’re talking about someone moving somewhere for six months or more, that comes with some serious risks,” she said.

Another legal risk is workers’ compensation. Even when working remotely, employers are still subject to OSHA safety laws, but whether an injured employee is entitled to workers’ compensation is another matter.

It depends on whether the injury occurred in the course of employment, the lawyers say. An employee who suffers a burn while cooking lunch may not qualify for a compensable claim, but one who works from a chair that breaks and results in an injury likely would, said Ed Harold, managing partner regional office of Fisher in New Orleans. Phillips.

Another question: Can employers mandate work in the office even if an employee requests to work remotely due to a medical or other condition? Lawyers say it’s on a case-by-case basis, and courts that have been reluctant to disagree with employers may change their minds. Sha recommends a discussion with the employee to determine if the condition is short-term or permanent and if they can perform their duties remotely.

Remote expenses

Employers should consider reimbursing employees for equipment used to work from home, Sha said. Although there’s no federal law requiring it, “it’s a good idea to have a policy in place in writing and to communicate clearly that this is what is going to be treated as an expense and can be reimbursed,” she said. declared.

“Some of my clients pay by renting a smaller location and using the savings on a small stipend to account for reasonable expenses employees may incur while working from home,” she said.

Employee performance

Debates abound about how companies track employee performance. Some require employees to be video monitored; others use software to ensure staff are working.

“I think the best way is to spell it out in writing, probably in a telecommuting agreement, these will be the ways we measure your productivity and we’ll come back to that over time,” Sha said. “Document and communicate that they are not meeting the expectations you need.”

Remote work has made job descriptions and measurable results “more important than they were before,” according to Sus.

“If you have them in place, then it’s easier to have confidence that the job is being done,” he said. “You measure results, not behaviors. It is enormous.”

cyber security

Companies need to be sure that their information technology is “locked down”, Harold said, and that they are protected against ransomware attacks. Other issues include working from home versus cafes with less secure computer servers, and using personal email accounts versus logging into the company portal, Sha said.

“(Cybersecurity) may be the biggest reason companies can’t work remotely,” Harold said.

Staff morale

How do you keep employees happy and productive? Managers will need to communicate differently and better than they did in the workplace, Harold said. He said that could include a no-meeting policy on Fridays.

They will also need to be mindful of employees who may tend to isolate themselves while working remotely, as well as other issues that may arise after the transition.

When one of Sus’ employees struggled to manage 10 direct reports after going remote, Sus turned to make sure none of his employees had more than five.

“In addition, we are very attentive to their holistic development,” he said. “We help them document a 10-year vision and work on a one-year goal and the ways in which we can help them get there,” he said. “It’s been really beneficial in keeping everyone aligned and engaged.”

Bakay said his clients have benefited from weekly Zoom or Microsoft Teams meetings, covering business initiatives and having small chats to find out what’s going on in each other’s lives.

“We’ve found that to be just as important as the agenda-focused items,” she said.

Writer Andrew Valenti contributed to this report.

This Management's Discussion and Analysis of Financial Condition and Results of
Operations generally discusses our 2021 and 2020 results and year-to-year
comparisons between 2021 and 2020. Discussions of our 2019 results and
year-to-year comparisons between 2020 and 2019 that are not included in this
Annual Report on Form 10-K can be found in "Management's Discussion and Analysis
of Financial Condition and Results of Operations" in Part II, Item 7 of our
Annual Report on Form 10-K for the fiscal year ended December 31, 2020, which
was filed with the Securities and Exchange Commission on February 24, 2021.

Overview

We are one of the largest North American less-than-truckload ("LTL") motor
carriers. We provide regional, inter-regional and national LTL services through
a single integrated, union-free organization. Our service offerings, which
include expedited transportation, are provided through an expansive network of
service centers located throughout the continental United States. Through
strategic alliances, we also provide LTL services throughout North America. In
addition to our core LTL services, we offer a range of value-added services
including container drayage, truckload brokerage and supply chain consulting.
More than 98% of our revenue has historically been derived from transporting LTL
shipments for our customers, whose demand for our services is generally tied to
industrial production and the overall health of the U.S. domestic economy.

In analyzing the components of our revenue, we monitor changes and trends in our
LTL volumes and LTL revenue per hundredweight. While LTL revenue per
hundredweight is a yield measurement, it is also a commonly-used indicator for
general pricing trends in the LTL industry. This yield metric is not a true
measure of price, however, as it can be influenced by many other factors, such
as changes in fuel surcharges, weight per shipment and length of haul. As a
result, changes in revenue per hundredweight do not necessarily indicate actual
changes in underlying base rates. LTL revenue per hundredweight and the key
factors that can impact this metric are described in more detail below:

• LTL revenue per quintal – Our LTL transport services are

price generally based on weight, product and distance. This

the measure reflects the application of our pricing policies to

the services we provide, which are influenced by competitive market conditions

and our growth objectives. Generally, freight is rated by a class system,

which is established by the National Motor Freight Traffic Association,

Inc. Light and bulky cargo usually has a higher class and its price is

revenue per quintal higher than dense and heavy freight. Fuel

surcharges, ancillary charges, revenue adjustments and revenue for

undelivered freight is included in this measurement. Income for

undelivered freight is reported for financial statement purposes in

in accordance with our revenue recognition policy; however, we believe

including it in our measures of revenue per quintal results in greater

accurate representation of the underlying changes in our returns in

match the total revenues invoiced with the corresponding weight of those

shipments.

• LTL Weight Per Shipment – ​​Fluctuations in weight per shipment may indicate

changes in the composition of the freight we receive from our customers, as well as

changes in the number of units included in a shipment. Generally,

increases in weight per shipment indicate higher demand for our customers

products and increased economic activity overall. Weight changes by

shipping may also be influenced by changes between LTL and other modes of transportation.

transportation, such as truckload and intermodal, in response to capacity,

service and price issues. Weight fluctuations per shipment in general

have an opposite effect on our turnover per quintal, such as a decrease in

        weight per shipment will typically cause an increase in revenue per
        hundredweight.

• Average transport length: we consider transport lengths less than 500 miles

be regional traffic, haul lengths between 500 miles and 1,000 miles

be inter-regional traffic and haul lengths greater than 1,000 miles

be domestic traffic. This metric is used to analyze our tonnage and

price trends for shipments with similar characteristics, and also allows

for purposes of comparison with other transportation providers serving

markets. By analyzing this metric, we can determine success and growth

potential of our service products in these markets. The length changes of

transport generally have a direct effect on our turnover per quintal, because

an increase in trip length will generally lead to an increase in revenue

per quintal.

• LTL revenue per shipment – ​​This metric is primarily determined by the

three measurements listed above and is used in conjunction with the number of

LTL shipments we receive to assess LTL revenue.

Our primary revenue focus is to increase density, which is shipment and tonnage
growth within our existing infrastructure. Increases in density allow us to
maximize our asset utilization and labor productivity, which we measure over
many different functional areas of our operations including linehaul load
factor, pickup and delivery ("P&D") stops per hour, P&D shipments per hour,
platform pounds handled per hour and platform shipments per hour. In addition to
our focus on density and operating efficiencies, it is critical for us to obtain
an appropriate yield, which is measured as revenue per hundredweight, on the
shipments we handle to offset our cost inflation and support our ongoing
investments in capacity and technology. We regularly monitor the components of
our pricing, including base freight rates, accessorial charges and fuel
surcharges. The fuel surcharge is generally designed to offset fluctuations in
the cost of our petroleum-based products and is indexed to diesel fuel prices
published by the U.S.

                                       20

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Department of Energy, which reset each week. We believe our yield management
process focused on individual account profitability, and ongoing improvements in
operating efficiencies, are both key components of our ability to produce
profitable growth.

Our primary cost elements are direct wages and benefits associated with the
movement of freight, operating supplies and expenses, which include diesel fuel,
and depreciation of our equipment fleet and service center facilities. We gauge
our overall success in managing costs by monitoring our operating ratio, a
measure of profitability calculated by dividing total operating expenses by
revenue, which also allows for industry-wide comparisons with our competition.

We regularly upgrade our technological capabilities to improve our customer
service and lower our operating costs. Our technology provides our customers
with visibility of their shipments throughout our network, increases the
productivity of our workforce, and provides key metrics that we use to monitor
and enhance our processes.

Results of Operations

The following table shows, for the years indicated, expenses and other items as a percentage of operating revenue:

                                   2021        2020
Revenue from operations             100.0 %     100.0 %
Operating expenses:
Salaries, wages and benefits         47.0        51.2
Operating supplies and expenses      10.8         9.3
General supplies and expenses         2.6         2.7
Operating taxes and licenses          2.5         2.9
Insurance and claims                  1.0         1.1
Communication and utilities           0.7         0.8
Depreciation and amortization         4.9         6.5
Purchased transportation              3.5         2.4
Miscellaneous expenses, net           0.5         0.5
Total operating expenses             73.5        77.4
Operating income                     26.5        22.6
Interest expense, net                 0.0         0.1
Other expense, net                    0.1         0.1
Income before income taxes           26.4        22.4
Provision for income taxes            6.7         5.6
Net income                           19.7 %      16.8 %

The main financial and operational indicators for 2021 and 2020 are presented below:

                                              2021            2020            Change         % Change
Work days                                          252             254              (2 )         (0.8 )
Revenue (in thousands)                     $ 5,256,328     $ 4,015,129     $ 1,241,199           30.9
Operating ratio                                   73.5 %          77.4 %
Net income (in thousands)                  $ 1,034,375     $   672,682     $   361,693           53.8
Diluted earnings per share                 $      8.89     $      5.68     $      3.21           56.5
LTL tons (in thousands)                         10,119           8,770           1,349           15.4
LTL shipments (in thousands)                    12,880          10,869           2,011           18.5
LTL weight per shipment (lbs.)                   1,571           1,614             (43 )         (2.7 )
LTL revenue per hundredweight              $     25.59     $     22.62     $      2.97           13.1
LTL revenue per shipment                   $    402.01     $    364.94     $     37.07           10.2
LTL revenue per intercity mile             $      7.32     $      6.42     $      0.90           14.0
LTL intercity miles (in thousands)             707,611         617,805          89,806           14.5
Average length of haul (miles)                     935             925              10            1.1


Our financial results for 2021 reflect the highest annual revenue and
profitability in our Company's history. We believe the increase in our annual
revenue to $5.3 billion in 2021 was driven by the consistent execution of our
long-term strategy of providing superior service to customers at a fair price,
while continuing to invest in capacity and technology to support the increased
customer demand for our services. Our revenue growth reflects higher shipment
volumes and further improvements in our yield, both of which were supported by
the strength of the domestic economy. The increased freight density in our
service center network and improvement in our yield, combined with improved
operating efficiencies, led to the 390 basis-point improvement in our operating
ratio to 73.5%

                                       21

--------------------------------------------------------------------------------

for 2021 compared to 2020. As a result, net earnings and diluted earnings per share increased by 53.8% and 56.5%, respectively, in 2021 compared to 2020.

Income

Revenue increased $1.24 billion, or 30.9%, in 2021 compared to 2020, due to
increases in both our LTL tonnage and LTL revenue per hundredweight. The
increase in tonnage resulted from higher LTL shipment volumes that were
partially offset by a decrease in LTL weight per shipment. Our LTL weight per
shipment declined due primarily to our continuing efforts to reduce the number
of heavy-weighted and larger, harder-to-handle types of shipments in our
network. We believe the increase in LTL shipments was driven by higher customer
demand for our superior service, coupled with our available network capacity and
the strength of the U.S. domestic economy.

Our LTL revenue per hundredweight increased 13.1% in 2021 compared to 2020. We
believe the increase in LTL revenue per hundredweight was driven by the success
of our long-term pricing strategy as well as changes in mix of our freight. The
increase also reflects the positive impact of a decline in weight per shipment
and an increase in average length of haul on this metric. Excluding fuel
surcharges, LTL revenue per hundredweight increased 8.8% in 2021 compared to
2020.

January 2022 Update

Revenue per day increased 25.7% in January 2022 compared to the same month last
year. LTL tons per day increased 7.7%, due primarily to a 10.2% increase in LTL
shipments per day that was offset by a 2.2% decrease in LTL weight per shipment.
LTL revenue per hundredweight increased 16.8% as compared to the same month last
year. LTL revenue per hundredweight, excluding fuel surcharges, increased 11.0%
as compared to the same month last year.

Operating costs and other expenses

Salaries, wages, and benefits increased $414.1 million, or 20.2%, in 2021 as
compared to 2020, due to a $272.0 million increase in the costs attributable to
salaries and wages and a $142.1 million increase in employee benefit costs. The
increase in salaries and wages was due primarily to increases in the average
number of active full-time employees and increases in our employees' wage rates.
Our average number of active full-time employees increased 3,034, or 15.9%,
during 2021 as compared to 2020. We believe our full-time employee headcount
will continue to increase as we hire employees to balance our workforce with
ongoing growth in customer demand and shipment trends. Our employees' salaries
and wages also increased as a result of the annual wage increases provided to
our employees in September 2021, as well as higher performance-based
compensation.

Our productive labor costs, which include wages for drivers, platform employees,
and fleet technicians, improved as a percent of revenue to 25.1% in 2021
compared to 27.8% in 2020. This improvement includes the impact of increases in
our linehaul laden load average and P&D shipments per hour as we increased
density across our network, as well as declines in our platform shipments per
hour as we trained our new employees. Our other salaries and wages as a percent
of revenue also decreased to 9.3% in 2021 as compared to 10.4% in 2020.

The increase in the costs attributable to employee benefits of $142.1 million,
or 27.4%, includes the impact of the increase in the number of full-time
employees eligible for our benefits. Our employee benefit costs also increased
due to additional holiday pay benefits provided in 2021 and increases in certain
retirement benefit plan costs directly linked to our net income. In addition,
our group health and dental costs increased due to increases in costs per claim,
as well as higher claim volumes per covered employee. As a result of these cost
increases, our employee benefit costs as a percent of salaries and wages
increased to 36.6% in 2021 from 33.8% in 2020.

Operating supplies and expenses increased $194.2 million, or 52.0%, in 2021 as
compared to 2020, due primarily to an increase in our costs for diesel fuel. The
cost of diesel fuel, excluding fuel taxes, represents the largest component of
operating supplies and expenses, and can vary based on both the average price
per gallon and consumption. The increase in our diesel fuel costs was primarily
due to a 60.3% increase in our average cost per gallon of diesel fuel during
2021. In addition, our gallons consumed increased 13.5% in 2021 as compared to
2020 due to an increase in miles driven. We do not use diesel fuel hedging
instruments; therefore, our costs are subject to market price fluctuations. Our
other operating supplies and expenses remained relatively consistent as a
percent of revenue between the periods compared.

Depreciation and amortization costs were relatively consistent in 2021 as
compared to 2020. While our capital expenditures were significantly higher in
2021 compared to 2020, our 2021 depreciation and amortization costs were
impacted by our planned reduction in capital expenditures for revenue equipment
in 2020 as we balanced our fleet with volumes, as well as delays in receipt of
certain revenue equipment included in our 2021 capital expenditure plan. We
believe depreciation costs will increase in future periods as we execute our
2022 capital expenditure plan. While our investments in real estate, equipment,
and technology can increase our costs in the short-term, we believe these
investments are necessary to support our continued long-term growth and
strategic initiatives.

                                       22

--------------------------------------------------------------------------------


Purchased transportation expense increased $87.8 million, or 89.7%, in 2021 as
compared to 2020, due primarily to an increase in our use of third-party
transportation providers to supplement our workforce and equipment as demand for
our services increased. We expect to continue to purchase supplemental
transportation services until the capacity of our team and fleet can fully
support our anticipated growth.

Our effective tax rate in 2021 was 25.5% compared to 25.4% in 2020. Our effective tax rate generally exceeds the federal statutory rate due to the impact of state taxes and, to a lesser extent , certain other non-deductible items.

Cash and capital resources

A summary of our cash flows is shown below:

(In thousands)                                        2021            2020
Cash and cash equivalents at beginning of year     $   401,430     $  403,571
Cash flows provided by (used in):
Operating activities                                 1,212,606        933,024
Investing activities                                  (455,288 )     (551,663 )
Financing activities                                  (696,184 )     (383,502 )
Increase (decrease) in cash and cash equivalents        61,134         (2,141 )
Cash and cash equivalents at end of year           $   462,564     $  

401 430

The increase in our cash flows provided by operating activities during 2021 as
compared to 2020 was impacted by an increase in our income before income taxes
of $487.1 million, which was partially offset by an increase in income taxes
paid of $86.3 million and fluctuations in certain working capital accounts.

The decrease in our cash flows used in investing activities during 2021 as
compared to 2020 was due primarily to proceeds from the maturities of our
short-term investments in excess of purchases, partially offset by increases in
real estate and equipment purchases under our capital expenditure plan for 2021
as compared to 2020. Changes in our capital expenditure plans are more fully
described below in "Capital Expenditures".

The increase in our cash flows used in financing activities during 2021 as
compared to 2020 was due primarily to increases in share repurchases and cash
dividends paid to shareholders. These increases were partially offset by
reductions in proceeds from debt issuances and scheduled principal payments
during 2021 as compared to 2020. Our return of capital to shareholders is more
fully described below under "Stock Repurchase Program" and "Dividends to
Shareholders".

We have five primary sources of available liquidity: cash flows from operations,
our existing cash and cash equivalents, short-term investments, available
borrowings under our second amended and restated credit agreement with Wells
Fargo Bank, National Association serving as administrative agent for the
lenders, which we entered into on November 21, 2019 (the "Credit Agreement"),
and our Note Purchase and Private Shelf Agreement with PGIM, Inc. ("Prudential")
and certain affiliates and managed accounts of Prudential, which we entered into
on May 4, 2020 (the "Note Agreement"). Our Credit Agreement and the Note
Agreement are described in more detail below under "Financing Arrangements". We
believe we also have sufficient access to debt and equity markets to provide
other sources of liquidity, if needed.

Capital expenditure

The table below shows our net capital expenditures for property, plant and equipment, including those obtained through non-cash transactions, for the years ended December 31, 2021 and 2020:

                                  December 31,
(In thousands)                 2021          2020
Land and structures          $ 252,155     $ 181,221
Tractors                       130,772        17,518
Trailers                       140,595         2,151
Technology                      17,139        11,925

Other equipment and assets 25,450 12,266 Less: Proceeds from sales (19,548 ) (3,690 ) Total

                        $ 546,563     $ 221,391


Our capital expenditures vary based upon the projected increase in the number
and size of our service center facilities necessary to support our plan for
long-term growth, our planned tractor and trailer replacement cycle, and
forecasted tonnage and shipment growth. Expenditures for land and structures can
be dependent upon the availability of land in the geographic areas where we are

                                       23

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looking to expand. We historically spend 10% - 15% of our revenue on capital
expenditures each year. Our 2020 capital expenditures were lower than normal,
particularly with respect to revenue equipment and real estate, due to economic
uncertainty as a result of the COVID-19 pandemic. We expect to continue to
maintain a high level of capital expenditures in order to support our long-term
plan for market share growth.

We currently estimate capital expenditures will be approximately $825 million
for the year ending December 31, 2022. Approximately $300 million is allocated
for the purchase of service center facilities, construction of new service
center facilities or expansion of existing service center facilities, subject to
the availability of suitable real estate and the timing of construction
projects; approximately $485 million is allocated for the purchase of tractors
and trailers; and approximately $40 million is allocated for investments in
technology and other assets. We expect to fund these capital expenditures
primarily through cash flows from operations, our existing cash and cash
equivalents, short-term investments and, if
needed, borrowings available under our Credit Agreement or Note Agreement. We
believe our current sources of liquidity will be sufficient to satisfy our
expected capital expenditures for the next twelve months and in the longer term.

Share buyback program

On May 1, 2020, we announced that our Board of Directors had approved a two-year
stock repurchase program authorizing us to repurchase up to an aggregate of
$700.0 million of our outstanding common stock (the "2020 Repurchase Program").
The 2020 Repurchase Program became effective upon the termination of our $350.0
million repurchase program on May 29, 2020. On July 28, 2021, we announced that
our Board of Directors had approved a new stock repurchase program authorizing
us to repurchase up to an aggregate of $2.0 billion of our outstanding common
stock (the "2021 Repurchase Program"). The 2021 Repurchase Program, which does
not have an expiration date, began after the completion of the 2020 Repurchase
Program.

Under our repurchase programs, we may repurchase shares from time to time in
open market purchases or through privately negotiated transactions. Shares of
our common stock repurchased under our repurchase programs are canceled at the
time of repurchase and are classified as authorized but unissued shares of our
common stock.

AT December 31, 2021our share buyback programs had $2.02 billion remaining available, including $62.5 million which has been deferred until final settlement of our accelerated share repurchase agreement in January 2022. After the final settlement, there is $1.96 billion remaining available and uncommitted.

Dividends to shareholders

On February 21, 2020, we announced that our Board of Directors approved a
three-for-two split of our common stock for shareholders of record as of the
close of business on the record date of March 10, 2020. On March 24, 2020, those
shareholders received one additional share of common stock for every two shares
owned. In lieu of fractional shares, shareholders received a cash payment based
on the average of the high and low sales prices of our common stock on the
record date.

All references in this report to dividend amounts have been retroactively restated to reflect this stock split.

Our Board of Directors also declared quarterly cash dividends that totaled $0.80
per share for the year ended December 31, 2021 and quarterly cash dividends that
totaled $0.60 per share for the year ended December 31, 2020.

Funding agreements

Note Agreement

The Note Agreement, which is uncommitted and subject to Prudential's sole
discretion, provides for the issuance of senior promissory notes with an
aggregate principal amount of up to $350.0 million through May 4, 2023. Pursuant
to the Note Agreement, we issued $100.0 million aggregate principal amount of
senior promissory notes (the "Series B Notes") on May 4, 2020. Borrowing
availability under the Note Agreement is reduced by the outstanding amount of
the existing Series B Notes, and all other senior promissory notes issued
pursuant to the Note Agreement.

The Series B Notes bear an annual interest rate of 3.10% and mature on May 4,
2027, unless prepaid. Principal payments are required annually beginning on May
4, 2023 in equal installments of $20.0 million through May 4, 2027. The Series B
Notes are senior unsecured obligations and rank pari passu with borrowings under
our Credit Agreement or other senior promissory notes issued pursuant to the
Note Agreement.


                                       24

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credit agreement

The Credit Agreement provides for a five-year, $250.0 million senior unsecured
revolving line of credit and a $150.0 million accordion feature, which if fully
exercised and approved, would expand the total borrowing capacity up to an
aggregate of $400.0 million. Of the $250.0 million line of credit commitments
under the Credit Agreement, up to $100.0 million may be used for letters of
credit.

At our option, borrowings under the Credit Agreement bear interest at either:
(i) LIBOR (including applicable successor provisions) plus an applicable margin
(based on our ratio of net debt-to-total capitalization) that ranges from 1.000%
to 1.375%; or (ii) a Base Rate, as defined in the Credit Agreement, plus an
applicable margin (based on our ratio of net debt-to-total capitalization) that
ranges from 0.000% to 0.375%. Letter of credit fees equal to the applicable
margin for LIBOR loans are charged quarterly in arrears on the daily average
aggregate stated amount of all letters of credit outstanding during the quarter.
Commitment fees ranging from 0.100% to 0.175% (based upon the ratio of net
debt-to-total capitalization) are charged quarterly in arrears on the aggregate
unutilized portion of the Credit Agreement.

For the periods covered by the credit agreement, the applicable margin on LIBOR loans and letter of credit fees was 1.000% and the commitment fees were 0.100%.

The outstandings and the borrowing capacity available under the Credit Agreement are presented below:

                                      December 31,
(In thousands)                    2021          2020
Facility limit                  $ 250,000     $ 250,000
Line of credit borrowings               -             -

Outstanding letters of credit (39,169 ) (42,134 ) Available borrowing capacity $210,831 $207,866

General debt provisions

The Credit Agreement and Note Agreement contain customary covenants, including
financial covenants that require us to observe a maximum ratio of debt to total
capital and a minimum fixed charge coverage ratio. The Credit Agreement and Note
Agreement also include a provision limiting our ability to make restricted
payments, including dividends and payments for share repurchases, unless, among
other conditions, no defaults or events of default are ongoing (or would be
caused by such restricted payment). We were in compliance with all covenants in
our outstanding debt instruments for the period ended December 31, 2021.

We do not anticipate financial performance that would cause us to violate any
such covenants in the future, and we believe the combination of our existing
Credit Agreement and Note Agreement along with our additional borrowing capacity
will be sufficient to meet foreseeable seasonal and long-term capital needs.

The interest rate is fixed on the Note Agreement. Therefore, short-term exposure
to fluctuations in interest rates is limited to our Credit Agreement. We do not
currently use interest rate derivative instruments to manage exposure to
interest rate changes.

Contractual obligations

The following table summarizes our significant contractual obligations as of
December 31, 2021:

                                                            Payments due by period
Contractual Obligations (1)                          Less than                                 More than
(In thousands)                           Total        1 year       1-3 years     3-5 years      5 years
Series B Notes                        $ 110,354     $   3,100     $  44,762     $  42,281     $  20,211
Operating lease obligations (2)         121,248        16,909        29,130        21,746        53,463
Purchase obligations and Other          120,344       104,589        15,755             -             -
Total                                 $ 351,946     $ 124,598     $  89,647     $  64,027     $  73,674

(1) Contractual obligations include principal and interest on our Series B Notes;

operating leases consisting mainly of property and automobile leases;

and purchase obligations relating to non-cancellable purchase orders for (i)

equipment scheduled for delivery in 2022, and (ii) information technology

The agreements. Please refer to the information regarding interest rates and

balance on our revolving credit facility in this section above and also in

Note 2 of the notes to the financial statements included in section 8 of this

    report.

(2) Rents include lease extensions of which it is reasonably certain

    exercised.


                                       25

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Critical accounting policies

In preparing our financial statements, we apply the following significant accounting policies which we believe affect our judgments and estimates of the amounts recognized in certain assets, liabilities, income and expenses. These critical accounting policies, which are those that have, or are reasonably likely to have, a material effect on our financial condition or results of operations, are described in more detail in note 1 of the notes to the financial statements included in point 8 of this report. .

Revenue recognition

Our revenue is generated from providing transportation and related services to
customers in accordance with the bill of lading ("BOL") contract, our general
tariff provisions and contractual agreements. Generally, our performance
obligations begin when we receive a BOL from a customer and are satisfied when
we complete the delivery of a shipment and related services. We recognize
revenue for our performance obligations under our customer contracts over time,
as our customers receive the benefits of our services in accordance with
Accounting Standards Update ("ASU") 2014-09. With respect to services not
completed at the end of a reporting period, we use a percentage of completion
method to allocate the appropriate revenue to each separate reporting period.
Under this method, we develop a factor for each uncompleted shipment by dividing
the actual number of days in transit at the end of a reporting period by that
shipment's standard delivery time schedule. This factor is applied to the total
revenue for that shipment and revenue is allocated between reporting periods
accordingly. A hypothetical change of 10% in our percentage of completion
estimate would not have a material effect on our recorded revenue.

Insurance claims and provisions

Claims and insurance accruals reflect the estimated cost of various claims,
including those related to bodily injury/property damage ("BIPD") and workers'
compensation. All related costs associated with BIPD claims are charged to
insurance and claims expense, and all related costs associated with workers'
compensation claims are charged to employee benefits expense.

Insurers providing excess coverage above a company's self-insured retention or
deductible levels typically adjust their premiums to cover insured losses and
for other market factors. As a result, we periodically evaluate our self-insured
retention and deductible levels to determine the most cost-efficient balance
between our exposure and excess coverage.

In establishing accruals for claims and expenses, we evaluate and monitor each
claim individually, and we use factors such as historical claims development
experience, known trends and third-party actuarial estimates to determine the
appropriate reserves for potential liabilities. We believe the assumptions and
methods used to estimate these liabilities are reasonable; however, any changes
in the severity or number of reported claims, significant changes in medical
costs and regulatory changes affecting the administration of our plans could
significantly impact the determination of appropriate reserves in future
periods. Our accrued liability for insurance, BIPD claims, and workers'
compensation claims totaled $126.4 million and $120.6 million at December 31,
2021 and 2020, respectively. Claims and insurance accruals are discussed further
in Note 1 of the Notes to the Financial Statements included in Item 8 of this
report.

Property and Equipment

Property and equipment are recorded at cost and depreciated on a straight-line
basis over their estimated economic lives. We use historical experience, certain
assumptions and estimates in determining the economic life of each asset. When
indicators of impairment exist, we review property and equipment for impairment
due to changes in operational and market conditions, and we adjust the carrying
value and economic life of any impaired asset as appropriate.

Estimated economic lives for structures are 7 to 30 years, revenue equipment is
4 to 15 years, other equipment is 2 to 20 years, and leasehold improvements are
the lesser of the economic life of the leasehold improvement or the remaining
life of the lease. The use of different assumptions, estimates or significant
changes in the resale market for our equipment could result in material changes
in the carrying value and related depreciation of our assets. Depreciation
expense in 2021 totaled $259.9 million. A hypothetical change of 1% in the
estimated useful lives of all depreciable assets would not have a material
impact on our financial results.

Inflation

Most of our expenses are affected by inflation, which typically results in
increased operating costs. In response to fluctuations in the cost of petroleum
products, particularly diesel fuel, we generally include a fuel surcharge in our
tariffs and contractual agreements. The fuel surcharge is designed to offset the
cost of diesel fuel above a base price and fluctuates as diesel fuel prices
change from the base, which is generally indexed to the DOE's published fuel
prices that reset each week. Volatility in the price of diesel fuel, independent
of inflation, has impacted our business, as described in this report. However,
we do not believe inflation has had a material effect on our results of
operations for any of the past three years.

                                       26

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Related Party Transactions

Family Relationships

John R. Congdon, Jr., a member of our Board of Directors, is the cousin of David
S. Congdon, Executive Chairman of our Board of Directors. Our employment
agreement with David S. Congdon is incorporated by reference as an exhibit to
this Annual Report on Form 10-K. We regularly disclose the amount of
compensation that we pay to these individuals, as well as the compensation paid
to any of their family members employed by us that from time to time may require
disclosure, in the proxy statement for our Annual Meeting of Shareholders.

Audit Committee Approval

The Audit Committee of our Board of Directors reviews and approves all related party transactions in accordance with our Related Party Transactions Policy.

© Edgar Online, source Previews

As more and more of our world becomes digital, the tangible impacts and externalities of our daily lives become increasingly abstract. But at the end of the day, as easy as it is to forget, the internet is not made up of ones and zeros flying through the atmosphere, but of wires running across the ocean floor. The cloud is not, as its name suggests, an ethereal, untouchable floating non-entity, but increasingly huge clusters of servers in data centers around the world. And all that analog infrastructure has a tangible – and in some cases severe – environmental impact.

Data centers are among the worst culprits, consuming 10 to 50 times more energy per unit floor area than a standard commercial office building. According to the US Office of Energy Efficiency and Renewable Energy, data centers collectively account for approximately 2% of energy consumption for the entire United States. “As the use of information technology in our country increases, the energy consumption of data centers and servers is also expected to increase,” the government agency said. reports.

The data has come under increasing scrutiny in recent years as the sector’s energy footprint grows at the risk of undermining efforts to reduce greenhouse gas emissions in the context of increasingly desperate calls to mitigate climate change. But some scientists hope that the data sector will not be the last straw, but rather the saving grace of the climate.

One of the emerging ideas in the growing and rapidly evolving energy storage industry is the concept of “information stacks”. The idea is relatively simple: information batteries would “perform certain calculations in advance when energy is cheap, such as when the sun is shining or the wind is blowing, and cache the results for later.” according to a researcher. explanation by Ars Technica. The beauty of this concept is that it would require no additional infrastructure or specialized hardware, and would allow data centers to replace up to 30% of their current energy consumption with surplus renewable energy that would otherwise have been wasted. .

“Information farms are designed to work with existing data centers,” researchers Jennifer Switzer and Barath Raghavan wrote in a recent scientific article describing the concept. “Very limited processing power is reserved for the IB [information battery] manager, which manages the scheduling of real-time compute and bake tasks. A cluster of machines or VMs is designated for baking. The IB cache, which stores the results of these precalculations, is kept locally for fast retrieval. No additional infrastructure is required.

Batteries are just one in a litany of budding ideas for potential energy storage solutions. Renewable resources such as solar and wind power are variable, meaning their output rises and falls with weather and time of day, unlike fossil fuels which can provide constant, controlled energy to the network on demand. This means that in a 100% renewable energy landscape, sometimes supply will far exceed demand, and at other times demand will skyrocket when the wind is not blowing and the sun has set. Energy storage is therefore vital to make a green energy transition viable and reliable.

The problem is that, until now, the energy storage sector has largely depended on lithium-ion batteries, which can only hold energy for a limited number of hours and require earth metals to manufacture. rare non-renewable. Now, The race is on to deliver the most reliable, efficient and cost-effective long-term energy storage solution, and the innovative solutions on offer run the gamut from high concept green hydrogen diagrams to ideas as simple as relying on pulleys and gravity. “Information stacks” are one of the most unconventional ideas in the field today, but they could have huge potential to appeal to Silicon Valley and tech-savvy angel investors.

By Haley Zaremba for Oilprice.com

More reading on Oilprice.com:

A Congress committee hearing This week, lawmakers from both parties expressed support for a national digital privacy law, but debate has split over exactly how it should work.

Witnesses who testified expressed differing views on whether a new agency is needed to enforce any future privacy laws and whether private citizens should be allowed to sue for noncompliance.

Some speakers also focused on alerting consumers to breaches of their data, while others called for tackling widespread data collection and practices that could allow targeted manipulation.

Demand for a national law has grown as lives become increasingly digital and the absence of federal policy prompts more states to act.

Last year, 38 states introduced more than 160 consumer privacy bills, according to the National Conference of State Legislatures, while California, Colorado, and Virginia have comprehensive consumer privacy laws in place. A national law could supersede existing state privacy laws or simply establish a baseline that leaves states free to add other protections.

WHAT COUNTS AS DAMAGE?

Rep. Zoe Lofgren, D-Calif., who convened the hearing, called for holding private companies and public agencies to certain privacy standards.

Lofgren drew attention to herself and Rep. Anna Eshoo. Online Privacy Act. This bill would limit how companies can collect and use data and give residents rights over their data, such as the ability to view, correct and delete it.

Daniel Castro is vice president of the Information Technology and Innovation Foundation (ITIF), a nonprofit research and education organization focused on encouraging policies that support technological innovation. orally and written testimonyhe advised the government to promote innovation by being light-handed when it comes to restricting how organizations can collect and use data, and recommended focusing on preventing concrete economic harm to people. consumers.

An example of real harm resulting from a data privacy issue could include a consumer’s financial accounts being charged for “unauthorized and unreimbursed” payments after their personally identifiable information was breached, according to a 2018 study. American Bar Association room.

Some witnesses also sought to highlight harms that are more difficult to quantify. They raised concerns that organizations could use the data they and others glean to compile comprehensive profiles on individuals, which could then be used to abusively target them.

Profiles can be targeted with manipulative content — including political misinformation — or for discriminatory means, such as preventing people of particular backgrounds from seeing certain job postings or home listings, said Caitriona Fitzgerald, deputy director of the Electronic Privacy Information Center (EPIC). EPIC is a non-profit research center that describes himself as focused on protecting “privacy, freedom of expression and democratic values ​​in the information age”.

“Just as advertising companies use profiles about us to manipulate us into shopping, they can also manipulate our opinions by filtering the content we see,” Fitzgerald said.

FTC OR DIGITAL PRIVACY AGENCY?

Whatever policy is developed, it will only make a difference if it is actually implemented.

Castro, who appeared to view data privacy largely as a consumer protection issue, argued that the app would fall under the jurisdiction of the Federal Trade Commission (FTC). Rep. Rodney Davis, R-Ill., said the FTC has also established relationships with state attorneys general (AGs) with whom it will work on enforcement.

Lofgren’s bill takes a different approach and would create a Digital Privacy Agency (DPA) to oversee compliance.

Fitzgerald supported such a move, saying the FTC’s broad reach means it already has enough on its plate. The FTC may also lack the technical expertise needed to fight big companies over digital privacy, she said.

Fitzgerald argued that a regulator designated to focus solely on privacy would have more impact and be similar to how the Environmental Protection Agency and the Federal Aviation Administration were created to tackle important niche areas.

PRIVATE RIGHT OF ACTION?

Lofgren’s bill would allow state privacy regulators, like the California Privacy Protection Agency (CPPA), to also participate in law enforcement. State MGAs could sue for violations, and nonprofits could sue class action lawsuits.

Castro advised against a private right of action, saying it could lead to a slew of cases involving situations in which organizations may not have fully complied with the law but had not caused actual economic harm. Organizations could then find themselves spending a lot of time and money responding to all the lawsuits.

Fitzgerald, however, said in written testimony that individuals – as well as groups – should be allowed to sue. State and federal authorities have limited ability to detect and respond to violations, so relying solely on them risks giving organizations a sense of impunity.

Shoshana Zuboff, professor emeritus at Harvard Business School and author of The era of surveillance capitalism, said during his testimony that prosecutions are important to ensure that legislation evolves to better meet the needs of society. They make it possible to probe and adapt policies.

“What the private right of action does is create the opportunity … to really bring issues to the justice system to have those issues explored and set precedents,” Zuboff said. “It’s called the ‘life of the law’ – how the law evolves and how we can move forward in this century, not just with laws frozen in time, but with laws that evolve.”

the Optical Data Transmission Devices Market The report covers the entire global market scenario including key players, their future campaigns, preferred vendors, market shares along with historical data and price analysis. It continues to offer key details on changing dynamics to generate market improving factors. Its objective is to rationalize the company’s costs. You can also find interest and expense points on current income here. The best thing about the Optical Data Transmission Devices market report is the provision of guidelines and strategies followed by major market players. The investment opportunities in the market that are highlighted here will go a long way in moving the business forward. Knowing the current market situation is the most important thing discussed here to help major players survive in the deadly market.

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The authors of the report draw up an encyclopedic assessment of the most important regional markets and their evolution in recent years. Readers are provided with accurate facts and figures on the Optical Data Transmission Devices market and its important factors such as consumption, production, revenue growth, and CAGR. The report also shares gross margin, market share, attractiveness index, and value and volume growth for all segments studied by analysts. It highlights key developments, product portfolio, markets served and other areas depicting business growth of major companies profiled in the report.

The report has been prepared using the latest primary and secondary research methods and tools. Our analysts rely on government documents, white papers, press releases, reliable investor information, financial and quarterly reports, and public and private interviews to gather data and information about the market in which they operate.

Key Players Covered in Optical Data Transmission Devices Markets:

SICK

Pepperl+Fuchs

HOKUYO

Shenzhen SENDA Information Technology Equipment

Leuze electronics

QUANTITY

NEC Corporation

Optical Data Transmission Devices Market Split By Type:

Cable transmission devices

Wireless transmission devices

Optical Data Transmission Devices Market Split By Application:

Automobile industry

packaging industry

Aerospace

Semiconductor

Other

The Optical Data Transmission Devices market report has been segregated into distinct categories such as product type, application, end-user, and region. Each segment is rated based on CAGR, participation, and growth potential. In the regional analysis, the report highlights the potential region, which is expected to generate opportunities in the global Keyword Market in the coming years. This segment analysis is sure to prove to be a useful tool for readers, stakeholders, and market players to get a complete picture of the global Keyword Market and its growth potential in the coming years.

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Scope of Optical Data Transmission Devices Market Report

ATTRIBUTES	The description
ESTIMATED YEAR	2022
YEAR OF REFERENCE	2021
FORECAST YEAR	2022 to 2028
HISTORICAL YEAR	2020
SECTORS COVERED	Types, applications, end users, and more.
REPORT COVER	Revenue Forecast, Business Ranking, Competitive Landscape, Growth Factors and Trends
BY REGION	North America, Europe, Asia-Pacific, Latin America, Middle East and Africa

Geographic segment covered in the report:

The Optical Data Transmission Devices report provides information about the market, which is divided into sub-regions and countries/regions. In addition to the market share in each country and sub-region, this chapter of this report also contains information on profit opportunities. This chapter of the report mentions the market share and growth rate for each region, country and sub-region over the estimated period.

• North America includes the United States, Canada and Mexico
• Europe includes Germany, France, UK, Italy, Spain
• South America includes Colombia, Argentina, Nigeria and Chile
• Asia Pacific includes Japan, China, Korea, India, Saudi Arabia and Southeast Asia

Aims and objectives of the optical data transmission devices market research

• Understanding the opportunities and advancements in Optical Data Transmission Devices determines the market highlights, along with the key regions and countries involved in the market growth.
• Study the various segments of the Optical Data Transmission Devices market and the dynamics of the Optical Data Transmission Devices in the market.
• Categorize the Optical Data Transmission Devices segments with increasing growth potential and assess the futuristic segment market.
• To analyze the most important trends related to the various segments which help decipher and convince the Optical Data Transmission Devices market.
• Check region-specific growth and development in the Optical Data Transmission Devices Market.
• Understand the major Optical Data Transmission Devices market stakeholders and the value of the competitive image of the Optical Data Transmission Devices market leaders.
• To study the key plans, initiatives, and strategies for the development of the Optical Data Transmission Devices Market.

The study thoroughly examines the profiles of major market players and their key financial aspects. This comprehensive business analysis report is useful for all new and existing participants when designing their business strategies. This report covers KEYWORD production, revenue, market share and growth rate for each key company and covers the breakdown data (production, consumption, revenue and market share) by regions, type and applications. Historical breakdown data of optical data transmission devices from 2016 to 2021 and forecast for 2022-2028.

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Some highlights from the table of contents:

1 Presentation of the report

2 Market Trends and Competitive Landscape

3 Optical Data Transmission Devices Market Segmentation by Types

4 Optical Data Transmission Devices Market Segmentation by End Users

5 Market Analysis by Major Regions

6 Major Countries Optical Data Transmission Devices Market Product Commodity

7 North America Optical Data Transmission Devices Landscape Analysis

8 Europe Optical Data Transmission Devices Landscape Analysis

9 Asia-Pacific Optical Data Transmission Devices Landscape Analysis

10 Latin America, Middle East and Africa Optical Data Transmission Devices Landscape Analysis

11 Profile of Key Players

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