Yellow Freight System, Inc. v. Robert B. Reich, Secretary of Labor and Willie W. Smith
Court of Appeals for the Sixth Circuit
1Opinion of the Court
LIVELY, Senior Circuit Judge.
Yellow Freight petitions for review of a decision of the Secretary of Labor finding that Yellow Freight violated section 405 of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.App. § 2305 (1988), by discharging over-the-road driver Willie Smith for making unscheduled rest stops when fatigued. Section 405(a) makes it unlawful to discharge, discipline, or discriminate against an employee because he or she files a complaint “relating to a violation of a commercial motor vehicle safety rule [or] regulation ...” Section 405(b) prevents an employer…
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