Asphalt Specialists Inc. has been found in violation of the Surface Transportation Assistance Act by the U.S. Department of Labor’s Occupational Safety and Health Administration for wrongfully terminating a foreman and two truck drivers. They had raised safety concerns after being directed to violate U.S. Department of Transportation mandated hours of service for commercial truck…

New Prime Inc. retaliated against a truck driver by blacklisting him in the commercial transport industry after he sought medical attention for a work-related injury. OSHA ordered New Prime to pay the former employee $100,994.24 in back wages and damages and take other corrective action. The driver notified his supervisors in October 2008 that he…

A driver who was fired after he refused to drive an unsafe truck was awarded over $45,000 by the Occupational Safety and Health Administration. Brindi Trailer Sales and Services Inc., the New York Carrier who fired the unnamed driver, was notified of defective equipment on the truck including issues with the brakes, steering and turn…

FedEx Ground reached an agreement with plaintiffs in an independent contractor lawsuit to settle for $228 million. The settlement comes after the U.S. Ninth Circuit Court of Appeals ruled that several FedEx Ground workers had been misclassified as independent contractors instead of employees.  A copy of the Court decision can be found here. If you…

The California Labor Commissioner’s office has awarded 38 truck drivers $6.9 million in back pay after ruling that the drivers had been improperly classified as independent contractors, according to the Los Angeles Times. The drivers, who had worked for Pacific 9 Transportation serving Southern California ports as independent contractors, filed a claim with the California…

Newly Enacted or Amended California Statutes For 2016 Gender-Based “Fair Pay Act” Enacted This law amends Labor Code § 1197.5 (SB 358). The amendment prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex for “substantially similar work.” “Substantially similar work” is determined by…

Effective January 1, 2016, the California Franchise Relations Act (CFRA) has been amended to provide greater protections to California franchisees. Termination: For most defaults, the CFRA now requires the franchisor to meet an ostensibly tougher “good cause” standard than current law and allows the franchisee at least 60 days to cure the breach (current law…

© 2013 Robert S. Boulter All Rights Reserved.

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