Whistleblower Law Blog

TweetLast week the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) found that Heartland Transportation Inc., a contract mail carrier for the U.S. Postal Service, violated the whistleblower provisions of the Surface Transportation Assistance Act (STAA) when it fired a driver for reporting safety hazards. OSHA ordered Heartland to reinstate the driver and [...]

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TweetU.S. Department of Labor Administrative Law Judge Joseph E. Kane ordered whistleblower Edward Schrieber reinstaed with his former employer Beacon Transport, Inc.  ALJ Kane also awarded Schrieber back pay and attorneys’ fees. Beacon Transport had fired Schrieber after he had refused to haul cargo in his truck.  Truck drivers travelling on interstate highways are allowed to carry up [...]

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TweetOn May 24, 2010, Mr. Joe Oglesby, a former United States Marine, filed a complaint with the U.S. Department of Labor (DOL), alleging that his former employer, Foresight Transportation Group (Foresight), pressured truck drivers to work more hours than safely allowed and then to falsify their log books to avoid suspicion.  Overturning the findings of [...]

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TweetIn Williams v. Domino’s Pizza, the Department of Labor Administrative Review Board (ARB) affirmed an order requesting Domino’s to reinstate and pay damages to Lavan Williams.  The ARB further held that Williams was engaging in a statutorily protected activity under the Surface Transportation Assistance Act (STAA) when he reported to corporate that coworkers attempted to [...]

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TweetIn Klosterman v. E.J. Davies, Inc., the Administrative Review Board (ARB) held that an employee who left work after refusing to drive an unsafe truck had suffered an adverse action under the retaliation provision of the Surface Transportation Assistance Act (STAA), even though the employer interpreted his conduct as voluntary resignation.   The ARB articulated the [...]

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TweetThe U.S. Department of Labor (DOL) ordered Zurla Trucking of Fort Meyers, Florida to reinstate a truck driver who was terminated for refusing to drive unsafe trucks.  DOL also ordered the company to pay back pay plus interest, compensatory damages, and $125,000 in punitive damages, and required the company to delete “any adverse references related [...]

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TweetOn May 26, 2010, the Department of Labor ordered UPS to pay one of its drivers $111,008 in back wages, benefits, compensatory damages, punitive damages, and attorney’s fees for violations of the whistleblower provision of the Surface Transportation Assistance Act (STAA).  According to OSHA, UPS terminated the driver for refusing to drive a truck and [...]

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TweetOn March 11, 2010, Administrative Law Judge Rae issued an order holding that an agreement which provides a joint employer with the ability to accept or cancel the assignment of a leased employee may be sufficient to establish liability under the Surface Transportation Assistance Act (STAA).  In Myers v. AMS Staff Leasing, the respondent contracted [...]

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TweetOn March 15, 2010, Administrative Law Judge Daniel Leland awarded Cynthia Ferguson over $151,000 including $75,000 in punitive damages, holding that she was terminated in retaliation for refusing to drive in hazardous conditions.  On a cross country trip, Ferguson encountered extremely inclement weather approaching Donner Pass in the Sierra Nevada Mountains.  Ferguson observed a truck [...]

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TweetIn Melton v. Yellow Transp. Inc., the Department of Labor’s Administrative Review Board (ARB) clarified that it will apply the Burlington Northern standard to whistleblower cases when determining whether an employer violated a whistleblower retaliation protection provision.  This decision is significant because under Burlington, an employment action is materially adverse if it is capable of [...]

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