A Kern County trucking company must make accommodations for not only disabled
employees, but also the dependents of disabled employees, according to
the California Second District Court of Appeal.
Castro-Ramirez v. Dependable Highway Express, Inc., a trucker told his supervisor when he was first hired that he needed
early shifts to tend to his son in the afternoon, who required dialysis
treatments, and everything was fine for a while. But when a new supervisor
took over, he moved Mr. Castro-Ramirez to later shifts, and fired him
because he refused to accept them.
The court basically created a duty for companies to accommodate employees
in Tulare County who have caregiver responsibilities, thus expanding California’s
Fair Employment and Housing Act (FEHA).
In addition to the expanding state oversight over truckers, there is also
the Federal Motor Carrier Safety Administration’s web of regulations
to deal with. Chief among them is the
Safety Measurement System, which is an objective way to keep track of trucker safety in much the
same way as the drivers’ license points system. However, in addition
to adverse action like license suspension, a high SMS score also generally
means high insurance rates, because insurance companies often use the
SMS score to assess risk.
In terms of moving violations, the SMS score tracks several areas that include:
The FMCSA usually uses law enforcement data to update the SMS score, which can be
bad news for drivers. Assume you get a speeding ticket, and a lawyer either gets
the case thrown out or gets the charges reduced to coasting or another
non-point infraction. That speeding ticket may still show up on the SMS
score, even though it was dismissed.
An attorney can keep an eye on your score and keep it as low as possible,
to save you money and keep you on the road.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
email@example.com to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.