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Entries Tagged as 'Surface Transportation Assistance Act'

ARB Affirms Punitive Damages for Two Whistleblowers

April 3rd, 2014 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) affirmed judgments against two transportation companies that fired employees who had reported health and safety issues — confirming in each case that the violation was grievous enough to trigger punitive damages.

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Tags: Department of Labor ARB · Federal Rail Safety Act · Surface Transportation Assistance Act

ARB: Whistleblower Must Be Rehired — Even If Job No Longer Exists

September 23rd, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) ordered the Mayo Clinic to rehire a mail truck driver it had removed for whistleblowing, despite the medical group’s protest that his job no longer exists — and that giving him a different job would require a promotion.

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

ARB: Whistleblower Can Get Back Pay Even for Time in College

September 9th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) ruled that a whistleblower who was illegally forced out of his truck-driving job could claim back pay even for time he spent as a full-time college student.

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

ARB Upholds Retaliation Award, Shows Broad Support for Punitive Damages

April 22nd, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) upheld a punitive-damages award of $100,000 in a truck driver’s retaliation case against UPS, flagging its broader reluctance to reject as excessive any punitive award under the Surface Transportation Assistance Act (STAA).

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

Tennessee Trucking Company Agrees to Settle OSHA Whistleblower Lawsuit and Reinstate Employee

October 26th, 2012 · No Comments

TweetMark Alvis Inc., a trucking company based in Brush Creek, Tennessee, has agreed to pay $30,000 and reinstate a whistleblower who the company allegedly fired because he refused to make an illegal delivery. On May 4, 2010, the employee injured himself while preparing a milk delivery.  When the company assigned him to make another delivery, […]

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Tags: Surface Transportation Assistance Act

Arizona Trucking Company Ordered to Reinstate Former Employee and Pay $315,000 Settlement for Violating the Whistleblower Provision of STAA

September 11th, 2012 · No Comments

TweetM3 Transport LLC/SLT Expressway Inc. and its successors-in-interest, Lyons Capital LLC and the Roadmaster Group in Glendale, Arizona, were ordered last week by the Occupational Safety and Health Administration (OSHA) to reinstate a former truck driver and pay him $315,000 in damages after being found to have violated the Surface Transportation Assistance Act (STAA). On […]

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Tags: Retaliation · Surface Transportation Assistance Act

Dept. of Labor’s Administrative Review Board (ARB) Clarifies Distinction Between Integrated Enterprise and Joint Employer Tests for Establishing Vicarious Liability under the Surface Transportation Assistance Act (STAA) Whistleblower Provision

August 30th, 2012 · No Comments

TweetThe Department of Labor’s Administrative Review Board (ARB) recently issued an opinion in Myers v. AMS/Breckenridge/Equity Group Leasing 1, ARB No. 10-144, ALJ Nos. 2010-STA-7 and 8 (ARB Aug. 3, 2012).  In Myers, the ARB reversed the ALJ’s decision finding the Respondent vicariously liable under a Surface Transportation Assistance Act (STAA) whistleblower complaint as a […]

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Tags: Retaliation · Surface Transportation Assistance Act

Tennessee Mail Carrier Settles STAA Whistleblower Lawsuit after Terminating Driver for Complaining About Defective Vehicles

July 18th, 2012 · No Comments

TweetHeartland Transportation Inc., a U.S. Postal Service contract mail carrier based in Knoxville, Tennessee, has agreed to settle a lawsuit filed by the Occupational Safety and Health Administration (OSHA) alleging that the company violated the Surface Transportation Assistance Act (STAA) when it terminated an employee for complaining about defective vehicles. In August 2009, the driver […]

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Tags: Retaliation · Surface Transportation Assistance Act · Wrongful Discharge

Interline Logistics Group LLC Ordered by OSHA to Reinstate and Pay Whistleblower Truck Driver $190,000 After He Refused to Violate Department of Transportation Regulation

March 8th, 2012 · No Comments

TweetThe U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) last week ordered Interline Logistics Group LLC, a trucking company headquartered in Kennesaw, Georgia, to reinstate a Sauk Village truck driver, and pay over $190,000 in back wages and compensatory damages for violating the whistleblower provision of the Surface Transportation Assistance Act (STAA). The […]

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Tags: OSHA Whistleblower Protection Program · Surface Transportation Assistance Act · Wrongful Discharge

Rowan Business Forms Ordered by OSHA to Pay Over $83,000 for Terminating Whistleblower Truck Driver Who Reported Hazardous Conditions

February 21st, 2012 · No Comments

TweetLast week the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) ordered Rowan Business Forms, a Salisbury, North Carolina-based commercial printing company, to reinstate and pay over $83,000 in back wages and compensatory damages to a former truck driver after OSHA found reasonable cause to believe that Rowan violated the whistleblower provision of […]

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Tags: Retaliation · Surface Transportation Assistance Act · Wrongful Discharge

OSHA Reinstates Heartland Transportation Inc. Whistleblower

December 2nd, 2011 · No Comments

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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Tags: Surface Transportation Assistance Act

Truck Driver Awarded Back Pay and Damages in Surface Transportation Assistance Act Whistleblower Claim

November 4th, 2011 · No Comments

TweetCynthia Ferguson, an independent truck driver with over 15 years of experience, recently prevailed in a retaliation claim against New Prime Inc., a Missouri-based trucking company, under the whistleblower provisions of the Surface Transportation Assistance Act (STAA). New Prime terminated Ferguson after she refused to follow its dispatcher’s order to continue driving on a hazardous […]

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Tags: Surface Transportation Assistance Act

DOL ALJ Orders Whistleblower Truck Driver Reinstated at Beacon Transport

September 12th, 2011 · No Comments

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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Tags: Surface Transportation Assistance Act

U.S. DOL ALJ Reinstates Truck Driver who Refused to Violate DOT Regulations, Awards $46k in Damages

June 29th, 2011 · No Comments

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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Tags: Retaliation · Surface Transportation Assistance Act

Domino’s Truck Driver Reinstated under STAA

February 8th, 2011 · No Comments

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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Tags: Surface Transportation Assistance Act

DOL ARB Holds Truck Driver’s Refusal to Drive Unsafe Truck is a Discharge under STAA

October 26th, 2010 · No Comments

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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Tags: Surface Transportation Assistance Act

DOL Orders Trucking Company to Reinstate Whistleblower, Awards Back Pay and $125,000 in Punitive Damages

October 6th, 2010 · No Comments

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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Tags: Surface Transportation Assistance Act

UPS Ordered to Pay $111,000 for Retaliating Against Whistleblowing Truck Driver

June 23rd, 2010 · No Comments

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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Tags: Surface Transportation Assistance Act

ALJ Order Expands Joint Employer Liability Under the Surface Transportation Assistance Act

March 23rd, 2010 · No Comments

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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Tags: OSHA Whistleblower Protection Program · Surface Transportation Assistance Act

ALJ Awards Trucker Punitive Damages After Being Fired for Refusing to Drive in Dangerous Conditions

March 23rd, 2010 · No Comments

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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Tags: OSHA Whistleblower Protection Program · Retaliation · Surface Transportation Assistance Act

ARB Adopts Burlington Northern Standard for Whistleblower Retaliation Claims

October 20th, 2008 · No Comments

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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Tags: Surface Transportation Assistance Act