Robert S. Boulter represents employee, lease operator, and owner operator truckers that have mistreated by trucking companies. Trucking companies often view their truck drivers as easily replaceable commodities and do not treat them with appropriate respect or within the law.
In many cases Truck Drivers are misclassified as independent contractors and may therefore be denied proper pay and benefits as employee drivers. Employee and misclassified Independent Contractor drivers have rights to a minimum wage under federal and certain state laws and depending on the state of residence or home office of the trucking company, overtime, meal breaks, rest breaks, worker’s compensation, and other benefits.
In many cases truck drivers are told to violate applicable safety regulations or hour of service regulations under threat of termination or retaliations. Such threats or actions are highly illegal. The primary vehicle for redress for wrongful treatment and retaliation claims is a federal statute known as the Surface Transportation Assistance Act (STAA) that protects truck drivers that face discrimination or retaliation for trying to obtain compliance with commercial vehicle safety laws. The STAA makes it unlawful to discharge or in any way discriminate or retaliate against an employee, lease driver, or owner operator because of filed a complaint about a violation of commercial motor vehicle (CMV) safety or security law or regulations. The STAA also prohibits retaliation against employee, lease operator, and owner operator truckers who refuse to operate a vehicle in violation of regulations, standards, or orders related to commercial motor vehicle security or who refuse to do so because of a reasonable concern that the vehicle’s hazardous nature has rendered it unsafe to drive. For specific example of unlawful conduct please review our STAA FAQ and other links found on menu on the left side of this page.
Under the regulations, truckers can receive an award of reinstatement, back pay, interest on back pay and for compensation for any special damages sustained as a result of the unlawful discrimination. In addition, complainants will be eligible to receive punitive damages up to $250,000. An award of attorney fees and costs is also available.
If you are a trucker and think you may have suffered discrimination, retaliation, or termination in the course of your duties please contact Robert S. Boulter at [email protected] or by calling (855) 372-6529.