Judge Romero ordered Cargo Express to reinstate Mr. Graff, and pay him back pay of
$65,767.24 and his attorney fees. He also awarded Graff punitive damages of $25,000.00 because Cargo Express’s “actions rose to the level of reckless or callous disregard” for Mr. Graff’s rights.
Graff brought his claim under Section 405 of the Surface Transportation Assistance Act which prohibits retaliation against commercial drivers because they made complaints about violations of commercial vehicle safety regulations or refused to drive in violation of a commercial vehicle safety regulation.
U.S. Department of Labor ruling.
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