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Tag: OSHA
Business
How to file a coercion or harassment complaint
Filing a coercion complaint can be done via the FMCSAâs National Consumer Complaint Database in the âDriverâ section. Also here, a look at the concentration of coercion complaints, by state, over the four years the Coercion Rule has been in place.
December 19, 2019
Business
Righteous whistleblower or âdisgruntled employeeâ?
A dispute between 30-year veteran driver Kevin Hosea and the small-fleet employer who fired him earlier this year shows the complexity of coercion-related cases. The fleet owner denies allegations of coercion.
December 17, 2019
Business
UPS Freight fined after firing driver who refused to drive without a required ELD
OSHA ordered UPS Freight to pay the driver $15,273 in compensatory damages, $30,000 in punitive damages and approximately $2,700 in back wages plus interest. The unnamed driver was fired for refusing to drive without an ELD, and his termination was later modified to be a suspension, according to OSHA.
December 11, 2019
Voices
POLL: Have you filed a coercion complaint under the rule protecting drivers?
Proposed in tandem with the ELD mandate, the prohibition against entities coercing or attempting to coerce drivers to violate a regulation with threats of punitive action (withholding work/payment, disciplinary measures, and the like) has been active since early 2016. Have you ever filed a complaint with FMCSA under the rule?
September 26, 2019
Business
Trucker ordered to receive nearly $200,000 after being fired for refusing to drive in bad weather
The Department of Laborâs Occupational Safety and Health Administration ordered Kentucky-based Freight Rite to reinstate a box truck driver and pay him $31,569 in back wages and interest, $100,000 in punitive damages, $50,000 in compensatory damages and reasonable attorney fees.
July 1, 2019
Business
Driver awarded more than $17k in damages in refusal to drive case
The investigation found that Frito Lay Transportation acted illegally by disciplining driver Joshua Bailey, who refused to work on two separate dates due to illness that he believed would have impaired his ability to drive the truck.
April 13, 2017
Business
Truck operator fired for refusing to drive amid HOS concerns could get $275k from carrier
NFI fired the driver in 2012, a day after he refused to deliver a load to its original destination. OSHA says severe weather, flooded roads, traffic and crashes caused the trip to take much longer than anticipated. Per OSHA, the driver âbelieved he lacked sufficient time to complete the deliver and return home without violatingâ hours regs.
June 10, 2016
Business
Major carrier again ordered to pay big payout to driver following refusal-to-drive firing
Brandon Hopper claims he was âconfronted and baitedâ by Marten to resign in July 2013 after he refused to haul two allegedly overweight loads and three other loads because, he claims, he would have been in violation of hours of service regulations.
February 24, 2016
Business
Fleet again ordered to pay $20k to a driver who was sick, refused to drive
A trucking company has been ordered by the Department of Laborâs Occupational Safety and Health Administration to pay $20,000 in punitive damages and $354 to a driver after suspending the driver for refusing to drive for feeling ill.
July 22, 2015
Business
Following appeal, New Prime Inc. ordered to pay driver nearly $20k in refusal to drive case
New Prime Inc, part of national fleet giant Prime Inc., has been ordered by a federal judge to pay a former driver just shy of $20,000 in back wages and damages following the driverâs 2008 firing and New Primeâs subsequent changes to his DAC report.
July 20, 2015
Business
FMCSA, OSHA to collaborate on employer retaliation claims made by truck drivers
In an attempt to ensure truck driversâ protections under federal anti-retaliation laws, FMCSA and OSHA have agreed to begin sharing information with one another when drivers claim their employers violate labor laws.
July 30, 2014
Business
DOT, OSHA should collaborate on whistleblower claim investigations, federal report says
A new federal report recommends the Department of Transportation and the Occupational Safety and Health Administration evaluate collaboration agreements regarding whistleblower claim investigations.
April 8, 2014
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