working 12+hr days legal?

Discussion in 'Trucking Industry Regulations' started by californiatrucker, Jan 11, 2013.

  1. californiatrucker

    californiatrucker Bobtail Member

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    hello everyone this is my first post on the site i was previously employed by a company where we mostly had to work 12+hrs a day on a number of occasions i worked 16 hrs now my question is was this legal?? also there was no overtime pay it was all the same pay no matter how many hours i worked

    these were all local or ontario ca to fresno ca or to arizona ..thank you all for your help
     
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  3. PST

    PST Light Load Member

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    Yes it is Legal. you can work 14 hours a day and one 16 hour a week if you are Local but you cannot drive more than 11 hours a day or work more than 70 hours in a 8 day period.
     
  4. PST

    PST Light Load Member

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    Also I think some of the better paying Company's don't start paying time and a half until you work 45 hours but that depends on the Company.
     
  5. bbigking

    bbigking Bobtail Member

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    I used to work for the largest fuel supplier in Alaska. Part of our job entailed unloading the fuel barges when they came in. It was a major point of contention for several guys to have to drive the tankers all day and then have to work all night unloading the barges. The thing is that there is no limit per say to how many hours you can work in an "of duty not driving" status.
    As far as overtime goes, I believe that it varies by state law. I live in Nevada and considered going back to driving tankers only to find out that they are NOT required to pay overtime based on some law or labor agreement. I don't remember exactly the reason.
     
  6. 58Skylane

    58Skylane Medium Load Member

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    If you were paid by the hour, you may want to double check the laws on that. I'm not sure what the statutes of limitations are, but you never know. Sounds fishy to me. But if you were salary or per mile, different story I guess.
     
  7. Ghost Ryder

    Ghost Ryder Road Train Member

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    Technically you can work 24/7/365 and not violate anything besides your biological clock. You'll get the line 4 violation when you drive a CMV without the needed rest.

    *example*

    Start of day you drive for 4 hours, then you spend 12 more hours doing yard related work. Perfectly legal. You just cannot drive a CMV again until you take a 10 hour break. Or a reset if you killed your 70s.
     
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  8. STexan

    STexan Road Train Member

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    Generally speaking, in terms of interstate USDOT rules, this statement is INcorrect. There is no limit to the number of hours you can WORK (on duty), however you must NOT DRIVE once certain accumulated work/drive hours have been reached (70 in 8 days )

    The question for the OP is what are your DRIVING hours and are you logging driving after 70 hours worked/driven in any 8 day rolling period?
     
  9. Ghost Ryder

    Ghost Ryder Road Train Member

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    I knew what the OPs question was, and I answered it. Here's the problem: he (or she) didn't elaborate, so we don't know if they drove 12+ hours constantly or not. Being local, most likely not.
     
  10. STexan

    STexan Road Train Member

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    I was merely correcting someone else's statement. Not sure what you're getting bent out of shape about. The OP said he goes to AZ from time to time. Any trip across state lines inside a rolling 8 day period puts him off of "local radius" rules for the entire period. Also look here for OT exemptions .. http://www.dol.gov/elaws/esa/flsa/screen75.asp
     
  11. Ghost Ryder

    Ghost Ryder Road Train Member

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    Local air radius rules is 2 parts. 100 nautical miles and/or a 12 hour work day. There is nothing about state borders. If you're working over 12 hours a day then the radius doesn't matter. And this just exempts you from logging. It doesn't mean you violated your logs.

    I'm not bent out of shape either, just shooting the breeze. If I was bent out of shape, you'd know. ;)
     
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