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  1. #11
    Road Train Member brsims's Avatar
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    Quote Originally Posted by AttorneyForTruckers View Post
    It is unlawful under the FLSA for a trucking company to require its employee to pay for a lumper when the lumper is clearly being used for the benefit of the employer. Industry practice or not, its not legal.
    Legal or not, many if not most major carriers always look for ways to push more and more of their costs of operation onto the drivers. And most drivers put up with it in order to keep their jobs. If a driver is not aware of the legal situation, they will do whatever the people in positions of authority (the company representatives) tell them because after all, they should know what's right correct?

    Additionally, truckers are not covered under the Fair Labor Standards Act. Allow the driver victimization to continue!


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  3. #12
    Light Load Member Arial's Avatar
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    Thank you all for your reply's. It would seem I need to either find a new roommate or move. When they can stay anywhere from 4 days to a week and leave a horrible mess and eat everything in sight. Tossing in their laundry and do nothing or pay anything. It's time for change.
    What makes my place nice is I live where someone on down time can park a truck-trailer on down time and not far from the interstate so can stop overnight too.
    p.s. No, this is not a (fwb).

  4. #13
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    Quote Originally Posted by brsims View Post
    Additionally, truckers are not covered under the Fair Labor Standards Act. Allow the driver victimization to continue!
    Truckers are not covered by the overtime provisions of the Act (or, more accurately, they are exempt from the overtime provisions of the FLSA). They are covered by the FLSA.

    By way of example, the FLSA requires that when on assignment for more than 24 hours, the most amount of time an employer may designate as non-working is 8 hours per day - even if you are sleeping and/or waiting for more than 8 hours. You are entitled to $7.25 per hour under the FLSA, meaning the least amount you should be paid when on assignment for more than 24 hours is $116 per day. There is a class action lawsuit against Werner right now (which I imagine many in this forum have joined and/or have received notice of) regarding Werner's specific violations of these provisions.
    Last edited by AttorneyForTruckers; 07.03.2013 at 03.01 PM.

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  6. #14
    Road Train Member brsims's Avatar
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    Quote Originally Posted by AttorneyForTruckers View Post
    Truckers are not covered by the overtime provisions of the Act (or, more accurately, they are exempt from the overtime provisions of the FLSA). They are covered by the FLSA.

    By way of example, the FLSA requires that when on assignment for more than 24 hours, the most amount of time an employer may designate as non-working is 8 hours per day - even if you are sleeping and/or waiting for more than 8 hours. You are entitled to $7.25 per hour under the FLSA, meaning the least amount you should be paid when on assignment for more than 24 hours is $116 per day. There is a class action lawsuit against Werner right now (which I imagine many in this forum have joined and/or have received notice of) regarding Werner's specific violations of these provisions.
    Yeah....the myth of layover and detention pay....I'll believe it when I see it.

    Here's how most companies avoid paying detention and layover. For the driver to qualify, that driver must log all that time as "On Duty, Not Driving"....which, of course, cuts into the driver's more productive 70 hours of potential drive time. Since drivers try to hang on to every drive hour like grim death to use as drive time (which is hopefully paid at a better rate than the hourly pay offered for detention/layover), drivers will log the wait time as either Sleeper Berth or Off Duty. They are, of course, encouraged to do so by the carrier. Since they are not logged as "On Duty, Not Driving", even if they may be fully responsible for the truck/freight at the time, they don't get paid.

    I can't count the number of times where I and many other drivers on my personal acquaintance would log Sleeper Berth time even if we were on the dock counting or fingerprinting freight to get the load off so we could get back to work, or sitting behind the wheel because we had to move the truck onto the dock or shift it around the yard as space opened up. We weren't paid for the time because our logbooks (a legal document, remember) showed that we were off duty.

    The Fair Labor Standards Act as it applies to the trucking industry is a bad joke at best, and downright criminal at worst. Truckers are viewed as an inconvenience, a rolling source of revenue, and a necessary evil in the world of business. We are over-regulated, massively underpaid and under-appreciated, and carriers are always on the lookout for ways to screw us over or replace us with cheaper alternatives. The government and various legal representatives aren't much better, as they generally look upon truckers as the criminal element in just about every legal proceeding. How many attorneys advertise how they'll "get you paid" if you are involved in an accident with a big truck, regardless of who's at fault (tip, it's generally not the trucker)?

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