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.
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2018 HOT Legal Topics for Truck Drivers - GATS
1. REAL Women in Trucking, Inc.
501 (c) (6) Truck Driver Association
Mission: To deliver highway safety through leadership, mentorship, education and advocacy
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. 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. • 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
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. 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. NO ONE Should have to FEAR for the Personal Safety at their Place of Employment!
#WhoKnewinTruckingandDidNothing?
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. 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. 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. • 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. • 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?
18. GATS 2018
Speaker:
Paul Taylor, Taylor & Associates, Ltd.
5100 Edina Industrial Boulevard, Suite 230
Edina, MN 55439
www.truckersjusticecenter.com
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)
21. Retaliation for Conduct
Advancing Safety
• Safety Complaints
• DOT
• Internal
• Safety Refusals
• HOS
• Bad Weather
• Overweight
www.truckersjusticecenter.com
22. False DAC Reports
• Process for Challenge
• Legal Remedies
www.truckersjusticecenter.com
23. Other Hot Legal Issues
• Controlled Substances / Marijuana
• Personal Conveyance
• ELD
www.truckersjusticecenter.com
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. • 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. • 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. • 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?
Notas del editor
Welcome Slide
The need for another driver organization was due to a number of important issues like sexual harassment being marginalized by the existing women’s trucking association. Numerous women truck drivers have reported being blocked by the existing organization for asking questions or seeking help when they are having trouble at carriers who give corporate support to this other organization.
A protest group was born in 2010 , by 2013 we formed a 501 (c)(6) membership organization and through our learning events and advocacy we have created a platform for emerging driver groups to feel confident to express the image of their unique selves without industry censorship. Today we introduce Cheryl Lynn Bean, Founder of the Ladies of Hawaii Truckin’ group plus Sharae Moore and Tamara Brock and SHE Trucking who have a significant growing female driver community whose voice has been ignored until now.
REAL Women Social media advocacy aims to educate truck drivers to learn their rights. We use you tube, Facebook and Twitter. Our learning events on our annual cruise event have featured the Jan Shelly, the retired senior trial attorney who won the $3.2 Million New Prime, Inc. Discrimination case, Anne Balay on LGBTQ truck driver concerns , Tax questions for truckers and a number of other top law firms and issues. These past events have been recorded and can be found on our you tube channel called “WomenTruckersNetwork” or on our Facebook page called “REAL Women in Trucking”
Our Initiatives include the “Jason’s Law” Safe Truck Parking Movement, Past and current participation in the FHWA National Coalition for Truck Parking
A webinar for the Department of Labor Women’s Bureau of truck driver training concerns for women
A webinar on sexual harassment that was suspiciously cancelled before it was presented
In addition, RWIT has provided testimony in support of Dominic Oliveira for the Supreme Court Case that could affect thousands of truck drivers. New Prime, Inc. v Oliveira
In 2018 we won our Motion to Intervene in current CRST sex harassment case to unseal documents which are currently being made public.
It is our honor to provide support in the Oliveira case, both actions were represented by Public Justice
Too often, the judgement in the New Prime Discrimination is not understood by the trucking industry.
Sex Harassment in team driving training fleets is prevalent and it is the Enablers, Deniers and Excuse makers that are the reason the problem has not been solved.
So Now What?
Introduction of our panel today (Videos of their presentations will soon be available on our you tube channel called “WomenTruckersNetwork” and our Facebook page “REAL Women in Trucking”)
Joshua Friedman’s firm is currently fighting for justice in the CRST Sex harassment class action
Why not speak to HR 1st? , Josh Friedman explains why HR is not your friend when you are reporting harassment.
Only a small fraction of the women who reported harassment were investigated
Questions for Joshua Friedman
Questions for Joshua Friedman
Introduction Craig Ackermann
Introduction Paul Taylor
STAA Refusal to Drive, Truth in Leasing Skims, Fuel Charges, DAC, 180 Statute of Limitations, 4 years on OSHA, When can you record? How do I prepare, overweight questions? Personal conveyance?
More Questions
Closing Remarks, Call to Action: Please contact us for more information on how you can help. Please consider holding a educational presentation on these topics for your team so that we can work together to improve this industry. We are available to deliver such a presentation. Our contact information is here on the last slide.
KNOW THE DIFFERENCE! REAL Women in Trucking