Log book question - lunch or no lunch?

At my company they now have a new rule that states "All drivers will show a 30 minute lunch break before the 5th hour worked, if working 10 hours or more you must show an additional 30 minute lunch break, unless you sign a waiver for the second lunch then you must take it if working 12 or more hours". Management says that it is the law. Then again you cant always believe what management says.

 

Fed DOT doesn't require a "lunch break".

California, being a country unto itself, states in general that they don't think anyone can possibly run 10 hrs without some kind of break & expects to see one somewhere in your day.

It is typically Unions or some other type of employment contract that requires you to take a lunch break & usually specifies the time or number of hours into your day that you must take one...per Union (or other contract)rules.

I am unfamiliar with any state laws requiring an "official" lunch break. They might exist but I've never heard of it.

 

In North Carolina I was told by the plant I worked for that it was the law that you must take 30 minutes for lunch if you are scheduled to work 8 hours or more. How that came up was I didn't take a lunch break in the military even though we could so I just wanted to work. My boss told me it was a law in NC and the Human Resource office said the same. I bet most states have it but one the company if small doesn't know about it, two will not tell you, or something like that. Working people without a lunch break may be looked on as unfair labor practices.

 

That is the law for most of the states. However, the trucking industry is not covered by them.

 

Roadmedic Please don't take this the wrong way you are very knowledgeable from all the post I have read of yours and I'm not slamming on you. Is this hear say or 100% known by reading the labor law or something like that. I'm asking because to much info is passed by hear say. Even I used it in my response and I may look further into. I'm not meaning any harm. Because it would seem to me where ever the terminal you are assigned to would fall you under that state as your place of employment or maybe the company's home office. Now if you were an O/O that would be possibly something different. But you are an employee of a company in a state. Does the law distinguish between types of jobs trucker versus factory worker? There is way to much that the trucking industry gets away with that maybe the reason is, of the way it use to be or is hear say so much that it became the norm.
You see what I'm getting at here. JMO

 

There's many occupations that are exempt from the usual labor laws as most know them.
Specifically, if you are subject to the Secretary of Transportation's HOS rules, you are exempt from OT rules.
However, even under Sec of Trans HOS rules, you must still be given at least minimum wage for all hours worked.
At least one state, Washington, has enacted new rulings where a driver under HOS rules can still be eligible for OT.
I'm sure there's eligibility requirements.
Other states may include employee drivers under certain of their rules & I believe it varies per state.

Nothing in the FMCSA rules say you must get or take a lunch break.
If there's a state law requiring someone subject to the HOS to take a break other than your 10, I bet it's state specific.
As a driver subject to HOS rules you are still enveloped by the usual anti-discrimination laws.

 

BobC answered before I read the post and I agree with him.

 

Thank you for your two responses.

 

I have nothing against breaks. Actually I think that a "get out and stretch" break of 15 minutes or so every couple or few hours is a good idea and promotes driver health. In all of my long-distance car driving this is my policy, and I hope to continue it while driving OTR.

However, do you log this and other breaks, such as "meal", as on-duty or off-duty? I know you want to stay off line 4 as much as possible, but you're still responsible for the truck and cargo so I have to think that line 4 applies.