“A win for the good guys.” says attorney Paul Taylor of Truckers Justice Center, as he shares his enthusiasm after winning yet another case for a professional driver, this time it was trucker Brian Ford V. New Prime, Inc.
Judge Lystra Harris of the US Dept. of Labor found that New Prime, Inc illegally blacklisted professional driver Brian Ford by putting an abandonment notation of his DAC Report.
Read OSHA’s decision of this same case back in 2013. OSHA FINDS NEW PRIME, INC. PLACED FALSE INFORMATION ON DRIVER’S DAC REPORT
Brian had become injured at work and was prescribed a narcotic pain killer. Prime’s affiliate, Success Leasing, terminated Brian’s lease after he informed them that he could not drive due to the medication. Prime then put an abandonment notation on Brian’s DAC Report.
Judge Harris ordered Prime to pay Mr. Ford back pay of $9,600 and $10,000 in mental pain, plus interest. Prime was also ordered to pay attorney fees and expenses to the firm Truckers Justice Center, representing Mr Ford in the case.
Prime was also ordered to post a copy of the decision at its facilities for 90 days. Read more
“It is also satisfying to obtain justice for a truck driver, particularly when a big trucking company like Prime does him dirty.” Paul Taylor
Page 1 U.S. Department of Labor
Office of Administrative Law Judges
2 Executive Campus, Suite 450
Cherry Hill, NJ 08002
(856) 486-3800 (856) 486 3806 (FAX)
Issue Date: 13 July 2015 Case No.: 2014-STA-00025
In the Matter of ASSISTANT SECRETARY OF LABOR FOR OCCUPATIONAL SAFETY AND HEALTH
NEW PRIME, INC.
RECOMMENDED DECISION AND ORDER
This case arises out of a complaint of retaliation filed pursuant to the employee protection provisions of Section 31105 of the Surface Transportation Assistance Act of 1982 (“STAA” or “the Act”), 49 U.S.C. § 31105, and its implementing regulations found at 29 C.F.R. Part 1978 (2013).
Brian Ford (“Complainant”) alleged that his former employer, New Prime, Inc. (“Respondent”) retaliated against him in November 2008, after he discovered that Respondent provided a report that he had abandoned a loaded vehicle to U.S. Investigation Services, Inc. (“USIS”) which resulted in an unfavorable notation on his Drive-A Check (“DAC”) Report.
Complainant alleged that the USIS report was made in response to his refusal to drive a commercial vehicle to Springfield, Missouri from South Carolina and his reporting of a back injury which impaired his ability to safely operate a commercial vehicle.
Page 22 ORDER
Based on the foregoing, IT IS HEREBY ORDERED that:
- Respondent shall pay to Complainant compensatory damages the sum of $9,600 in back pay, covering the period from July 1, 2009 to August 31, 2009
- Respondent shall pay Complainant prejudgment interest in the amount of $384 on the back pay award, in accordance with 26 U.S.C. § 6621(a)(2).
- Respondent shall pay Complainant post judgment interest on his back pay award, pursuant to 26 U.S.C. § 6621(a)(2). This interest shall compound quarterly until the company satisfies the back pay award in accordance with 26 U.S.C. § 6621(a)(2).
- Respondent shall pay to Complainant the sum of $10,000 in compensatory damages for emotional distress.
Read entire U.S. Department of Labor case No. 2014-STA-00025
Truckers Justice Center
900 W. 128th Street, Suite 100
Burnsville, Minnesota 55337
Tel. No. 651-454-5800
© 2015, Allen Smith. All rights reserved.