Maverick Transp., LLC v. U.S. Dept. of Labor, No. 12-3004 (8th Cir. 2014)
Annotate this CaseMaverick petitioned for review of the ARB's affirmance of an ALJ's finding that Maverick was liable for taking retaliatory action against an employee in violation of the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105. The court applied Chevron deference in regards to the agency's interpretation that the limitations period in the STAA began to run when the employee received notice of the employer's adverse action; the court also agreed with the ARB that the ALJ's finding that the employee received such notice within 180 days of filing his claim was supported by substantial evidence; and, therefore, the ARB's determination that the employee timely filed his claim was not contrary to law. The court also concluded that all of the facts found by the ALJ, including those pertaining to the retaliation claim, were supported by substantial evidence. Finally, the ALJ's decision not to reduce the back pay award on the basis that the employee failed to mitigate damages by voluntarily leaving his position was not contrary to law and the court found no abuse of discretion in the ALJ's award of compensatory damages for the employee's emotional distress. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - OSHA. The Department of Labor Administrative Review Board (ARB) did not err in finding timely an employee complaint regarding retaliation for reporting a violation of the Surface Transportation Assistance Act; the agency's interpretation of the limitations period in the Act was entitled to deference and its finding that the claim was timely was supported by substantial evidence; ARB finding in favor of employee on the retaliation claim is affirmed; award of back pay and compensatory damages is affirmed. Judge Loken, dissenting.
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