A truck driver fired for refusing to drive a company vehicle pulled from service by the Iowa Department of Transportation is owed $55,000 in back wages, damages and compensation from his employer, the finding of a U.S. Department of Labor’s Occupational Safety and Health Administration investigation. In its determination, OSHA found Nebraska-based Jake Rieger Farms…

On March 26, 2015, U.S. Judge Jose L. Linares of the District of New Jersey denied a franchisors’ motion for preliminary injunction to enforce a non-compete and non-soliciation clauses. Under the franchise agreement, Executive Home said the defendants agreed not to compete for a period of two years within a 10-mile radius of Executive Home’s…

A Pennsylvania federal judge ruled this month that former Florida AAMCO franchisees did not violate their non-compete agreement when they left the franchising chain after 21 years. U.S. District Judge Anita B. Brody stated in her opinion, “Even though AAMCO has established that it has a legitimate business interest that can be protected by a…

Marten Transport, one of the country’s largest carriers, has been ordered by a federal court to pay former driver Cedric Sinkfield $51,167 in back pay and punitive damages stemming from the carrier’s 2014 firing of Sinkfield. Sinkfield refused a load at a shipper’s facility because it was over the 80,000-lb. federal limit and over allowable…

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…

© 2013 Robert S. Boulter All Rights Reserved.

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