Transportation Whistleblower Archives

ARB Decision Underscores the Broad Scope of Whistleblower Protection for Airline Employees

The Department of Labor Administrative Board’s decision in Bondurant v. Southwest Airlines underscores the broad scope of whistleblower protection for airline employees under the AIR21 whistleblower protection law. Bondurant brought a claim under AIR21 alleging that Southwest terminated his employment in response to concerns he raised about violations of FAA rules. A DOL administrative law judge … Continued

OSHA Issues Final Regulations Governing Transportation Safety Whistleblower Claims

OSHA issued final regulations implementing the whistleblower protection provisions of the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). The regulations are available here. FRSA Rail Worker Whistleblower Protection The FRSA prohibits an employer from retaliating against a railroad employee who provides information to a regulatory or law enforcement agency, … Continued

OSHA Awards $250,000 in Punitive Damages in FRSA Whistleblower Retaliation Case

OSHA Awards $250,000 in Punitive Damages in FRSA Whistleblower Retaliation Case Today OSHA ordered Metro-North to pay $250,000 in punitive damages to a former coach cleaner for the commuter rail carrier who suffered retaliation for reporting a work injury. According to OSHA’s press release, “[w]hile driving the injured employee to the hospital, a Metro-North supervisor … Continued

ARB Affirms $100,000 Compensatory Damages Award in STAA Whistleblower Retaliation Case

Truck Driver Terminated for Refusing to Drive in Unsafe Conditions In Fink v. R&L Transfer, Inc., the ARB affirmed an award of compensatory damages in the amount of $100,000.00, and punitive damages in the amount of $50,000 to a truck driver who was terminated for refusing to drive in unsafe winter weather conditions. Complainant … Continued

Rail Safety Whistleblower Obtains $100,000 in Punitive Damages

In Griebel v. Union Pacific Railroad Company, the ARB affirmed an award of $100,000 in punitive damages to a former Union Pacific employee who alleged that his employment was terminated because he reported a work-related injury. Under the Federal Rail Safety Act (FRSA), employees in the rail industry are protected against retaliation for disclosing an … Continued

Eighth Circuit Rules that Whistleblower’s Testimony Alone Suffices to Prove Emotional Distress Damages

On January 16, 2014, the Eight Circuit issued a decision in Maverick Transportation v. U.S. Department of Labor that will be very helpful to whistleblowers seeking emotional distress damages. The Eight Circuit affirmed the Administrative Review Board’s decision holding that Maverick retaliated against an employee for his refusal to drive a truck based on the truck’s … Continued

OSHA Orders Relief for Truck Driver in STAA Whistleblower Retaliation Case

OSHA’s Whistleblower Protection Program is getting 2014 off to a great start, issuing an order on January 3, 2014 requiring a tucking company to provide relief to a truck driver whose employment was terminated for blowing the whistle on a violation of the Federal Motor Carrier Safety Administration’s Ill or Fatigued Operator Rule. OSHA’s … Continued