Payroll Company Not Joint Employer Of Truck Drivers in STAA Suit, ARB Rules

A Labor Department administrative law judge erred in ruling that a payroll firm is vicariously liable as a joint employer for the Surface Transportation Assistance Act violations of a trucking company that fired two drivers after they raised safety concerns, DOL’s Administrative Review Board held Aug. 3 (Myers v. AMS/Breckenridge/Equity Grp. Leasing 1 [released 8/14/12]).

Administrative Appeals Judges Luis A. Corchado and Paul M. Igasaki found that although AMS/Breckenridge/Equity Group Leasing 1 retained the “ability to control” the work of employees leased to New Rising Fenix Inc. (NRF) pursuant to a staffing lease agreement, AMS never actually exercised that ...