Drivers, foreman awarded $953k after refusal-to-drive firings

| August 18, 2014

Two drivers and a foreman for the Pontiac, Mich.-based Asphalt Specialists have been awarded $953,916 in back wages and damages after the Department of Labor deemed they were wrongfully terminated for refusing to drive beyond federal hours of service limits.


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Asphalt Specialists must pay $243,916 in back wages, $110,000 in compensatory damages and $600,000 in punitive damages, according to the Department of Transportation. The carrier was also ordered to reinstate the drivers.

Firing drivers who refuse to operate a vehicle in violation of federal rules violates provisions of the Surface Transportation Assistance Act, which is enforced by the Department of Labor’s Occupational Safety and Health Administration.

The foreman was fired in June 2012, and the two truck drivers were fired in April and July of 2013. The drivers had raised concerns to the carrier about the number of hours they were expected to drive. One driver also refused to sign an affidavit denying that he or she was asked to work in excess of federal hours limits.

The other driver had also raised concerns with the carrier about its vehicle maintenance practices.


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The foreman “repeatedly raised concerns,” the DOT says, about the carriers’ assignment of jobs that would cause drivers to exceed their hours limits.

All three received $200,000 in punitive damages. The two drivers received about $50,000 in back wages and $30,000 each in compensatory damages.

The foreman was ordered to receive $147,457 in back wages and $50,000 in compensatory damages.

Any of the parties in the case can file an appeal with the DOL’s Office of Administrative Law Judges.

OSHA and the Federal Motor Carrier Safety Administration recently announced they’ll be collaborating on cases like this to better assist truck operators in potential whistleblower claims. 

  • guest

    This has been going on forever in trucking…the Owners would EXPECT the driver to deliver as scheduled…even if he was Loaded Late…the driver would drive strait thru if necessary…no sleep. These Cop Agencies have known this all along…today they ACT surprised??? This is all a SHAM…..the driver would get bustedby cops and PAY the hours of service fine…NOT the owners…..common practice for produce haulers and general freight…..all a joke. lol

  • guest

    Todays “log book” was always called a JOKE BOOK or COMIC BOOK thru the years. Companies routinely insisted the driver just keep going and dummy up the logs later…and hide the falsified logs when dot would come to inspect…….this is all routine for trucking outfits and everybody in the industry knows it. The Cops do too. It still goes on today in alot of companies.

  • Craig Vecellio

    The law says the driver has the final say, that’s why the driver gets the fine. It’s been a joke because too few had the balls to stand up for themselves as drivers. I don’t think Asphalt Specialists would call it a ‘sham’ or a ‘joke.’ The more these whistle-blower complaints come to light, the less the Owners will be laughing.

  • mike

    I worked at Estes as a supervisor. I filed an OSHA complaint due to another supervisor attacking a employee. I left due to a job related injury and they wouldn’t allow me to return to work with restrictions. The new management fired the employee and promoted the supervisor that attacked the employee. Their policy manual they don’t follow . My job was to protect my employee s . With new management present . It’s to intimidating employees , which was never the policy in the past. We went from being a important assets to just disposable numbers. I did the best I could to muzzle the new management at my own expense strives to maintain an open forum for reader opinions. Click here to read our comment policy.