Baker & Associates
  • Home
  • About
  • Practice Areas
    • Business Law And Contracts
    • Business Litigation
      • Employment
      • Heavy Machinery
      • Insurance Law
      • IP & Trade Secrets
      • Partnership & Shareholder Disputes
      • Transportation & Logistics
    • Architecture, Design & Construction
      • Construction
      • Construction Defects
      • Contracts
  • Blog
  • Contact
  • Pay Now
Select Page

Trucking companies beware: Know the law before you act

On behalf of Baker & Associates | Jan 16, 2021 | employment law, transportation & logistics

Running all of the aspects of a trucking company requires great attention to detail. Employers must organize timetables, shipments as well as drivers to ensure they fulfill their contracts and maintain success.

Owners of transportation companies know they must also pay close attention to the letter of state and federal laws to avoid complex legal matters. A recent case only emphasizes the importance of understanding the nuances of the law.

Trucking company ordered to compensate employee

Baker & Associates is not involved in this case, but it is critical that all business owners understand and learn from the details of this recent case.

Earlier this year, California company JHOS Logistics and Transportation Inc. terminated an employee when he would not drive a truck he believed exceeded weight restrictions. This situation might seem rather simple and straightforward; however, it was anything but.

Terminating an employee always requires great care. Employers must ensure they do not violate the law. And in this case, terminating this employee was in direct violation of the Surface Transportation Assistance Act (STAA). The STAA states that employers cannot discharge an employee if they:

  • File a complaint regarding a violation; or
  • Refuse to drive a vehicle if it violates safety standards.

Therefore, the Occupational Safety and Health Administration (OSHA) determined that the company violated the law and ordered the company to:

  • Rehire the employee;
  • Repay $190,000 in lost wages;
  • Pay $25,000 in punitive damages; and
  • Cover $5,000 in compensation and attorney fees.

OSHA’s order also requires the company to train supervisors and managers regarding employee protections to prevent situations like this from occurring in the future.

Employers must take time to understand the law

This case illustrates only one of the reasons companies must be consciously aware of employment laws. Additionally, maintaining a thorough understanding of these laws allows business owners and employers to:

  • Prevent risks related to terminating an employee;
  • Protect the business from litigation; and
  • Avoid significant financial consequences.

Unfortunately, employers face a high risk of liability under the law in cases like this. They can reduce that risk if they take time to understand the law, but it might be helpful to consult a knowledgeable business attorney before moving forward.

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • News: Does AB5 put franchises at risk?
  • Reasonable steps to protect trade secrets are essential
  • What is the “likelihood of confusion?”
  • Two takeaways from the recent ruling against Apple
  • Domain names and trademarks: How can businesses avoid disputes?

Archives

  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • May 2019
  • April 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017

Categories

  • blog
  • Business Formation
  • business litigation
  • construction defects
  • employment law
  • Firm News
  • intellectual property & trade secrets
  • transportation & logistics

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Contact Our Firm Today

Scott L. Baker
Rated by Super Lawyersloading ...

1875 Century Park East
Suite 1490
Los Angeles, CA 90067

Phone Number:

Phone : 310-904-6724

Map & Directions
  • Follow
  • Follow
  • Follow
 

© 2021 Baker & Associates. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters

   
Review Us