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Trucking Industry Retaliation

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Genova Burns LLC

What Pretext? The Tenth Circuit Shows the Value in Trucking & Transportation Employers Citing to Safety and Customer Complaints to...

Genova Burns LLC on

On March 10, 2017, the Tenth Circuit in Henson v. AmeriGas Propane, Inc., no.: 16-7057, declined to revive a discrimination and wrongful discharge lawsuit in finding that the lower court was correct in its holding that that...more

Maynard Nexsen

EEOC Sues Company That Didn't Hire Veteran Over Use Of Service Dog

Maynard Nexsen on

Last week, the U.S. Equal Employment Opportunity Commission filed a lawsuit against freight company CRST Expedited Inc. on behalf of a truck driver trainee who is a veteran. According to the Commission, the employer violated...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues CRST for Disability Discrimination and Retaliation

Trucking Company Refused to Hire Veteran Because He Uses a Service Dog, Federal Agency Charges - JACKSONVILLE, Fla. -- CRST Expedited Inc., a national trucking company, violated federal law when it failed to accommodate,...more

Seyfarth Shaw LLP

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Ballard Spahr LLP

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

Ballard Spahr LLP on

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

Proskauer - Whistleblowing & Retaliation

ARB Affirms Blacklisting Award To Whistleblower

The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly “blacklisted” him by providing an apparently negative employment reference to a prospective employer. Timmons v. CRST Dedicated...more

U.S. Equal Employment Opportunity Commission...

Daimler Trucks North America Sued by EEOC for Retaliation

Company Fired Female Employee in Retaliation for Complaints About Sexual Harassment, Federal Agency Charges - CHARLOTTE, N.C. - Daimler Trucks North America, LLC, a Delaware corporation that operates a manufacturing...more

Constangy, Brooks, Smith & Prophete, LLP

Transportation Employers, Can You Survive The Federal Audit “Tag Team”?

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share...more

Stoel Rives LLP

Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against...

Stoel Rives LLP on

The Washington courts are strict in their interpretation of the classification of individuals as employees versus independent contractors, resulting in many an employer discovering that an “independent contractor” is instead...more

U.S. Equal Employment Opportunity Commission...

Appeals Court Upholds Jury Verdict and All Relief Awarded Against A.C. Widenhouse in EEOC Race Harassment Case

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WASHINGTON - In the latest of a series of successes in the U.S. Equal Employment Opportunity...more

Parker Poe Adams & Bernstein LLP

DOT Proposes to Fine Motor Carriers and Others Who Coerce Drivers to Violate Safety Rules

The Surface Transportation Act currently provides commercial drivers with recourse if they are retaliated against for refusing to violate federal motor carrier safety rules. Earlier this month, the Department of...more

U.S. Equal Employment Opportunity Commission...

Winebrenner Transfer Will Pay $42,000 to Settle EEOC Retaliation Lawsuit

Trucking Company Fired Female Driver Because She Complained About Pay Discrimination, Federal Agency Charges - BALTIMORE - Winebrenner Transfer, Inc., a Hagerstown, Md.-based commercial trucking company, will pay...more

U.S. Equal Employment Opportunity Commission...

Kenan Transport to Pay $27,000 to Settle EEOC Pregnancy Discrimination and Retaliation Suit

Company Forced Pregnant Employee to Take Unpaid Leave of Absence, Then Fired Her for Complaining, Federal Agency Charged - SPARTANBURG, S.C. - Kenan Transport, LLC, a Delaware trucking company that operates a terminal...more

McNees Wallace & Nurick LLC

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Legislative Summer Round-up: Social Media, Wage Claim Bias Laws Enacted; Misclassification Law Vetoed

New Jersey Governor Chris Christie had a busy summer, signing into law two important employment bills, and vetoing a third. The state’s new social media privacy law affords new protections to employees and applicants...more

Proskauer - Whistleblower Defense

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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