SOL News Release: [05/17/2011]
Contact Name: Ted Fitzgerald
Phone Number: (617) 565-2074
Release Number: 10-0702-BOS
US Labor Department files suit against Domino’s Pizza in Connecticut to enforce order to re-hire truck driver fired for making safety complaint
HARTFORD, Conn. – The U.S. Department of Labor has filed a lawsuit in the U.S. District Court for the District of Connecticut seeking enforcement of an administrative law judge’s order that Domino’s Pizza LLC re-hire a truck driver for the company’s East Granby distribution center who was fired for making a complaint that he was pressured to drive hours in excess of those allowed under U.S. Department of Transportation regulations.
In April 2009, U.S. Department of Labor Administrative Law Judge Daniel Sutton found that Domino’s had discharged the driver in violation of the employee protection provisions of the Surface Transportation Assistance Act, and ordered the company to reinstate him to his previous position and pay him back wages plus interest.
Domino’s appealed the order to the Labor Department’s Administrative Review Board, which affirmed Sutton’s decision and order on Jan. 31. To date, Domino’s has failed to comply, thus prompting the Labor Department’s suit.
“We’re taking this legal action to ensure that workers can voice their safety concerns without fear of discharge or discrimination,” said Michael Felsen, the Labor Department’s regional solicitor in Boston, whose office filed the suit. “Terminating employees who exercise their rights to work safely and legally sends an unacceptable message of intimidation.”
The Labor Department enforces the whistleblower provisions of the Surface Transportation Assistance Act, which protects truck drivers and other individuals working for commercial motor carriers against retaliation for reporting or engaging in activities related to certain commercial motor vehicle safety, health or security conditions.
The Labor Department also enforces the whistleblower provisions of 20 other statutes protecting workers who report violations in a wide variety of workplaces, including those in the trucking, railway, airline, nuclear power, pipeline, environmental, securities, public transportation, consumer product and maritime industries. Detailed information is available online at http://www.whistleblowers.gov.
Solis v. Domino’s Pizza
Civil Action Number: LLC 3:11-cv-00777
ARB Case Number 09-092
ALJ Case Number: 2008-STA-052