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2018 HOT Legal Topics for Truck Drivers - GATS

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An educational event held during the Great American Truck Show in Dallas, Texas for truck drivers to let them know about current legal cases that have an impact on the them. Lawyers from top firms covering sexual harassment, discrimination, wage theft, lease scams, and truck driver whistleblower protections.

Published in: Law
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2018 HOT Legal Topics for Truck Drivers - GATS

  1. 1. REAL Women in Trucking, Inc. 501 (c) (6) Truck Driver Association Mission: To deliver highway safety through leadership, mentorship, education and advocacy
  2. 2. WELCOME
  3. 3. WHY ANOTHER ORGANIZATION? • Exploitation of new drivers of all genders • Unsafe training practices that jeopardize public safety • Female leadership promoting misleading images of women truck drivers to public and new recruits • Instigation of bullying toward women and new drivers who ask questions about how to handle harassment, retaliation, and unsafe situations. • A need for authentic, truthful information to make better choices during the first critical year in the industry.
  4. 4. REAL Drivers, REAL Issues • A place to talk about real issues • A place to make new friends • A place to find others who would like to improve the industry • A place to create a new culture of empathy and tolerance www.realwomenintrucking.org Breaking the Silence , Leading Change Since 2010 S.H.E. TRUCKING APPAREL "The clothing brand to empower and recognize professional women in the trucking industry through fashion." www.shetrucking.com
  5. 5. • Student Truck Driver Exploitation • Sexual Harassment/Assault/Retaliation During Truck Driver Training • Lease Fraud • Blacklisting New Drivers From Employment Who Owe Tuition • Knowing Rights Through STAA • Truck Parking ( Jason’s Law ) EDUCATING TRUCK DRIVERS OF THEIR RIGHTS
  6. 6. 2013 – 2017
  7. 7. NO MORE OF THIS! Oliveira v. New Prime, Inc. The facts of this case are particularly appalling. … New Prime, Inc. v. Oliveira Federal Arbitration Act: whether the FAA's Section 1 exemption, which applies on its face only to “contracts of employment,” is inapplicable to independent contractor agreements.
  8. 8.  Male Trainer / Female Student  Female Student / Male Trainer  Male Student / Female Trainer  Female Trainer / Male Student  Male Trainer / Male Student  Female Trainer / Female Student  Male Student / Male Trainer  Female Student / Female Trainer  Male Co-Driver / Female Co-Driver  Female Co-Driver / Male Co-Driver  Male Co-Driver / Male Co-Driver  Female Co-Driver / Female Co-Driver ITS NOT GENDER SPECIFIC, TRAINING SPECIFIC Who is the Harasser? Who is the Victim? Since this topic has been kept so under wraps it has led to pent up anger, heart break and lack of accountability that makes it understandable it’s coming out in torrents right now. ~ Ronan Farrow
  9. 9. NO ONE Should have to FEAR for the Personal Safety at their Place of Employment! #WhoKnewinTruckingandDidNothing?
  10. 10. Craig Ackermann, Esq. Paul Taylor, Esq. Joshua Friedman, Esq.
  11. 11. Handle cases in all 50 states. Practice is limited to: Sexual harassment, Racial harassment, Disability harassment, Sexual orientation harassment, and other forms of illegal harassment (religion, national origin).
  12. 12. CATHY SELLARS, CLAUDIA LOPEZ, and LESLIE FORTUNE, on behalf of themselves and all others similarly situated, Plaintiffs, v. CRST EXPEDITED, INC., Defendant. Actual Court Testimony: Karen Carlson - Employee Relations Manager at CRST International, Inc. Topic: A Sexual Harassment Complaint not corroborated without witness or confession Question to Karen Carlson: “If the allegations of harassment concerned behavior that occurred on the truck while the drivers are there together, would it ever be possible for you to find that harassment was corroborated based on evidence other than a third person eyewitness who was on the truck seeing harassment?” Answer from Karen Carlson: “Not unless there was an admission by the accused individual”
  13. 13. Question to Karen Carlson : Do you take into account the existence of the prior uncorroborated complaint in deciding whether or not the new accuser is telling the truth? Answer from Karen Carlson: No, Each case is going to stand on it’s own merit Karen Carlson: Employee relations manager, responsible for conducting investigations of employee concerns and tracking trends within the department, including its investigative duties. Out of 125 women Among the issues they cited is harassment of the women in male-female driving teams, which can send a woman alone with a driving partner in a truck for days on end.
  14. 14. • What if my trainer tells me I must sleep with him or her to pass my driver training? • How do I preserve evidence? • What could reduce sexual assault and harassment? • What if my co-driver / trainer (including one classified as an independent contractor) makes me feel unsafe? • What if my dispatcher/driver manager (DM or FM) asks me to stay on the truck after I have told them I feel unsafe? • What does it mean to be a Plaintiff and/or “Lead” Plaintiff?
  15. 15. • At what point should the police be called? • What should we not say to the human resources department? • Have women or men been fired after reporting harassment to the human resources department? • Is this particular issue limited to one carrier since you began representing women truck drivers? • How frequently do women in these cases allege being blacklisted from future employment as truck drivers elsewhere?
  16. 16. www.ackermanntilajef.com Licensed in Texas, California and Washington
  17. 17. www.ackermanntilajef.com
  18. 18. GATS 2018 Speaker: Paul Taylor, Taylor & Associates, Ltd. 5100 Edina Industrial Boulevard, Suite 230 Edina, MN 55439 www.truckersjusticecenter.com
  19. 19. Licensed in Minnesota (all courts) Federal Courts of Wisconsin, Michigan. Staff licensed for North Dakota federal. All states for whistleblower cases under (STAA) which are Dept. of Labor jurisdiction Paul also handles Owner Operator leasing disputes throughout the country (if large enough)
  20. 20. Leasing Disputes • Skimming • Improper Chargebacks • Lack of Transparency www.truckersjusticecenter.com
  21. 21. Retaliation for Conduct Advancing Safety • Safety Complaints • DOT • Internal • Safety Refusals • HOS • Bad Weather • Overweight www.truckersjusticecenter.com
  22. 22. False DAC Reports • Process for Challenge • Legal Remedies www.truckersjusticecenter.com
  23. 23. Other Hot Legal Issues • Controlled Substances / Marijuana • Personal Conveyance • ELD www.truckersjusticecenter.com
  24. 24. • What kind of protection do I have if I object to my employer changing my logs? • Does a violation have to be an out of service violation for me to be protected if I drive? • If I’m being asked to break a DOT regulation what rights or remedies do I have if I just quit? • Does a carrier have to give owner operators copies of rate confirmations? • Do carriers have to pass fuel surcharge received to the owner operators? • If carriers receive a rebate from a fuel chain based on volume is that supposed to be passed on to the owner operators?
  25. 25. • Can a carrier mark up insurance premiums that it deducts from drivers settlements? • How can I get an abandonment on my DAC report? • Am I entitled to interest on a maintenance account escrow? • Can I legally log time waiting to be unloaded as sleeper berth or off duty? • If I refuse to run illegally and then take the load am I still legally protected? • Can a driver receive punitive damages if a whistleblower claim? • I drive for an outlaw company. How can I protect myself before I get fired?
  26. 26. • What if my trainer tells me I must sleep with him or her to pass my driver training? • How do I preserve evidence? • What could reduce sexual assault and harassment? • What if my co-driver / trainer (including one classified as an independent contractor) makes me feel unsafe? • What if my dispatcher/driver manager (DM or FM) asks me to stay on the truck after I have told them I feel unsafe? • What does it mean to be a Plaintiff and/or “Lead” Plaintiff?
  27. 27. • At what point should the police be called? • What should we not say to the human resources department? • Have women been fired after reporting harassment to the human resources department? • Is this particular issue limited to one carrier since you began representing women truck drivers? • How frequently do women in these cases allege being blacklisted from future employment as truck drivers elsewhere?

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