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GREATWIDE DEDICATED TRANSP. v. U.S. DEP'T OF LABOR

No. 21-1797.

72 F.4th 544 (2023)

GREATWIDE DEDICATED TRANSPORT II, LLC, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR; Administrative Review Board; Theodore Huang, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: June 30, 2023.

Attorney(s) appearing for the Case

ARGUED: Renee Lynn Bowen , FRANKLIN & PROKOPIK, Baltimore, Maryland, for Petitioner. Stephanie MacInnes , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Christopher Thomas Staiti , STAITI LAW FIRM, INC., Millersville, Maryland, for Respondents. ON BRIEF: Seema Namda , Solicitor of Labor, Elena S. Goldstein , Deputy Solicitor of Labor, Edmund Baird , Associate Solicitor for Occupational Safety and Health, Heather R. Phillips , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Secretary of Labor.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Harris and Judge Quattlebaum joined.

While Theodore Huang was employed as a truck driver at Greatwide Dedicated Transport II, LLC ("Greatwide"), he witnessed certain drivers receive additional driving assignments in violation of 49 C.F.R. § 395.3, which regulates the maximum driving time for property-carrying vehicles. After collecting evidence related to...

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