Category Archives: Industry Legal Issues

Driver Harassment: Drivers Won’t Be Allowed To Testify In Court

It seems that the sexual harassment suits against CRST Van Expedited just never end. They lose, then contest and win, more suits are brought… it just goes on and on.

The latest development in the newest long-running driver harassment case against CRST Van Expedited is that the 15 drivers who were being called as witnesses won’t be allowed to testify. So the 15 women who came forward to speak out that their driver trainers had sexually harassed them are now being told that they are not allowed to speak not only by the company that allegedly refused to respond to their complaints, but also now by the court that’s trying the case.

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DOE Asks for HOS Break Rules Exemption

Department of Energy Seal Gamino and AssociatesThe U.S. Department of Energy is requesting an exemption from the 30-minute rest break provision of the hours-of-service regulations.

The exemption would enable DOE’s contract motor carriers and their employee-drivers that transport security-sensitive radioactive materials to be treated similarly to drivers of shipments of explosives.

The exempted drivers would be allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements providing they do not perform any other work during the break.

The Federal Motor Carrier Safety Administration is asking for public comments on this request. Comments must be received on or before February 13, 2013.

The Docket No. os FMCSA-2012-0370. You can submit comments via the Federal eRulemaking Portal: www.regulations.gov.
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Supreme Court to Hear Challenge of LA Ports’ Clean Trucks Program

American Trucking Associations Gamino and AssociatesThe U.S. Supreme Court will hear the American Trucking Associations’ (ATA) suit against the Port of Los Angeles’ Clean Trucks Program, with a ruling expected by July.

The case has been making its way through the court system ever since the program went into effect more than four years ago. ATA challenged the program, arguing that federal law prohibits the locally run port from making rules that impede interstate commerce.

The Clean Truck Program, set up in 2008, established criteria for providers of drayage services at the Port, including a requirement to commit to using only employee drivers, rather than the independent contractors typically working the ports, by 2013 in a phased-in schedule. The plan would allow the port to hold those companies accountable for maintaining trucks and employing properly credentialed drivers.

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Amendment 64: Are drug-free businesses actually required to have drug tests?

Denver Capital building

Since Colorado voted to legalize recreational use of marijuana, there have been concerns about contradictions that now exist between state and federal laws — including a contentious debate about workplace regulation. One Denver CEO told us that legal pot will make it hard for him to hire people, because he has to maintain a drug-free environment. But an A64 backer tells us that many employers are misguided — and that businesses don’t have to do drug testing.

Last week Jeffrey Popiel, president and CEO of a Denver-based company called Geotech, which manufactures and sells environmental equipment, told us that his biggest concern with the Regulate Marijuana Like Alcohol measure is that he’ll have to turn away candidates for jobs, because even though state law says they can now smoke, it doesn’t change policies at his company.

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Trucking Company Owner Accused of Stealing Trailers

 
 

The Trucking Industry can be tough. The tough working conditions have always bred animosity between drivers and company owners. Company owners may seem like thieves in suits, but trust me guys, they’re really not! They’re working hard, making an honest living just like you! Honest!

Okay… well… maybe not all of them.

Bradley Blackshear, owner of Q&B Trucking based out of Macon, GA was arrested after it was discovered that he had stolen 21 box trailers and sold them to a local recycling company. Bibb Country Sheriff’s office reported that parts of other previous trailers were also found on the property, and that four other Sheriff’s offices were interested in speaking to him about stolen trailers.

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FMCSA warns carriers about fraudulent DOT letter

English: Logo of the United States Federal Mot...The Federal Motor Carrier Safety Administration is warning carriers about  another round of fraudulent U.S. Department of Transportation letters dated Sept. 24 that were being distributed, largely by fax, to motor carrier officials.

 The letters appear to be from the DOT Procurement Office and are signed with a fictitious name Julie Weynel, who claims to be the senior procurement office.

 Weynel is not an employee of the DOT, the FMCSA said.

 The letters are an attempt to obtain banking information from the targeted carriers, the notice posted on the FMCSA website said.

The agency said motor carrier officials and their employees — as well as government and law enforcement officials — should be vigilant and on the lookout for fraudulent attempts to gather financial (or other personal identifiable Information – PII) data by fax, e-mail, or telephone.

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Employment Background Screening Company to Pay $2.6 Million Penalty for Multiple Violations of the Fair Credit Reporting Act

Seal of the United States Federal Trade Commis...

FTC Charges HireRight Solutions Incorrectly Listed Criminal Convictions on Reports of Some Consumers.

An employment background screening company that provides consumer reports to companies nationwide will pay $2.6 million to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act by failing to use reasonable procedures to assure the maximum possible accuracy of information it provided, failing to give consumers copies of their reports, and failing to reinvestigate consumer disputes, as required by law.

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DOJ Office of Special Counsel files lawsuit against hotel and casino for discriminatory hiring practices during employment verification and re-verification processes

Official seal of Las Vegas

On May 31, 2012, the Department of Justice (DOJ) filed a lawsuit against Tuscany Hotel and Casino, LLC in Las Vegas, alleging that the company engaged in discrimination during the employment eligibility verification of new employees and the re-verification of work eligibility for existing employees. The complaint, which seeks monetary and injunctive relief, alleges that the company treated non-U.S. citizens differently from U.S. citizens by requesting that they provide additional or different documents during the initial employment eligibility verification process. In addition, the complaint alleges that the company required existing employees to present specific documents during the re-verification process and subjected lawful permanent residents to improper re-verification based on their citizenship status as a result of requesting and recording the expiration dates of these individuals’ Permanent Resident Cards into the company’s payroll system for re-verification purposes.

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Georgia Logging Company Ordered to Shut Down

Logo of the United States Federal Motor Carrie...

The Federal Motor Carrier Safety Administration ordered Georgia-based Judson Mobley Logging to immediately cease all transportation services, declaring the truck company an imminent hazard to public safety.

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More on the release of the “Brinker” Decision

In a case that affects the trucking industry and thousands of other businesses in the state, the California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take mandated lunch breaks.

However, today’s long-awaited decision of the California Supreme Court in Brinker v. Superior Court, No. S166350, almost certainly means that, without relief from federal courts or the California Legislature, California truck drivers will still have to take 30-minute meal period within the first five hours without regard to traffic and road conditions, or the availability of locations to legally pull off the road.

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