A trucker who sued his former employer over unpaid wages won the case in court. Unfortunately for the driver, the judge awarded him a judgement of just $35.
Joe Lehman was a truck driver for Postle Aluminum, a subsidiary of Thor Industries, an RV manufacturer. According to the court filings, Lehman was owed wages for working through his 30-minute break. He claims to have missed out on around $3,543 over a period of about a year and a half
Lehman used his driver’s logs to prove to the court that he was in fact working during that time. He supplied five daily driving logs as proof.
Unfortunately for Lehman, the judge ruled that since only those five days could be accounted for, the company would only have to pay him for those five days. At a rate of $7 for each half-hour break, that came out to $35.
In addition to the $35 judgement, the company was also ordered to pay $125 in court costs.
Source: wsbt, newsjournal, cbschicago
K. A. says
What will it take in order to call a general work strike, even if only for one day, to let the government know that we won’t take this anymore. Only if we work together will we let those in elected office know who is really in charge in this country…it is we the people, if we decide that it is so.
Patrick says
The driver only supplied 5 days of logs!!! How did the govt screw him? Appears he did it on his own
Zagreb says
Simple. Hand in logs every week so the guy basically had elogs. Purges from view after 8 days so dot can’t overstep. In case of a deep dive into his employer I believe they need to keep for a period of months or years (forgit which) but without a doubt those will see the trash bin by 12:01:01 that day
Super trucker says
i primarily drive a pre eld truck but when i put it in shop for scheduled break down and theres a hot load that needs handled i will rent a truck. well low and behold come tax time i get told that nobody can supply me a record of my elogs and they have all been deleted off my phone because of the 8 day software. For anybody taki g notes the lesson learned is to email them to yourself. We do not have a paper copy in our log book anymore
Diezl'n Devildawg says
A Company has to keep a copy of your logs for 6 months
Kp says
My agree.Hecoul pull those logs from the log department.
Alex c says
Very funny and sucks too
Bobbie says
Why don’t you get serious about this and really show the government … move to a different country. They take care of there people in DPRK , Venezuela , Cuba , Soviet Union.
walter l mcclain says
A kingdom devided , can not stand , this country will crumble . It is just a matter of time . Truck drivers are taken advantage of every day , the police use every under hand tactice they can , to take your money , we are over charged , for every item we purchase at all truck stops , soon we will be paying to park in every parking slot , until we come togather , it will only get worse . i have eight months left , to full retirement . it’s sad , we are treated like fools , good luck to those of you , who are in debt , and can’t quit , you must organize , and stick togather , as one . god bless you .
Ken says
WoW I couldn’t of said it better. Only 10 yrs in this industry and in such a short period of time it has gone to HELL IN A HANDBAG.
Jeff says
Your so right. recently I left the oil field .Got me a 2017 frieghtliner 2019 Flatbed and started OTR again.Been driving 22yrs . I’m spending so much out here it’s stupid.To Park $14 shower $18 iron skillet $13.99 and that is nothing else.We use to pull into a Walmart or sams club and get everything now we’re not allowed.Which forces drivers to have to pay truck stop prices. I’m looking for a driver now. I wish I never had bought this rig. There is no unity in drivers nowadays.We have to do something about this. I was making better $$ 15 yrs ago.Flatbeds are getting just north of $2 a mile and fuel surcharge is no more. I use to get $4 a mile for fuel and it was cheaper…..Stay Safe Out here
Steve says
I’ve been driving since 1981, and we’ve never been able to get 3 drivers to agree on anything, but sometimes we can get two.
As long as it’s so easy to get your authority, most of them don’t even know how much it costs to run their truck per mile. Consequently 85% of new carriers will be out of business with in two years,(per the FMCSA). And the devastation they leave behind are rates below any trucks cost per mile.
If you are running freight at $1 a mile out of FL instead of DH’ing out for better rates, you are the problem. I recently took a load to Orlando from TX for $2.36 after refusing their lowball offers, which they said is because “it’s picking up in FL”, and we still didn’t get offered anything over $1.18 cpm, so I DH’d 217 miles out for a load that paid me just over $2.07 for ALL miles, including the DH out of FL.
Until all carriers realize that they will net more by searching out 300 miles and DH to the higher rates, lower rates will continue to be SOP.
One needs to access, loads per truck data for the state (internet Truckstop)and the market(DAT). This helps you to know a customers need for a truck, and how difficult it will be for them to cover it. You may only be trying to fill one truck, while they are trying to cover 20 loads, and they can’t go home until they get them covered. That’s why you may get more money towards the end of the day.
And your truck must be posted for them to call looking for a truck, instead of you looking for a load. You generally will get more money for your Services if the customer calls you, than if you call them. Also when they say they are giving you more money than they have in it, that means your rate is above what they budgeted to move the load, not what they are getting paid to move the load. I’ve pulled broker loads where they told me I was being paid “more than he had in it,” just to be shown by the customer that he was paying $300 more than “all he had in it.” It doesn’t matter to you what the broker wants to pay, it does matter what your cost to move the load and an acceptable profit is, a good broker can usually go back to the shipper and tell them, “I can get a truck to move the load for X, but it will take much longer to find a truck that will move it for the lower rate, the market has changed since we last talked. Many brokers do have contracts where they bid on say 200 loads for X, plus fuel surcharge, and they divide the gross by 200 to have a target rate, knowing full well that they will move some lower than that, and others higher. Low freight rates also result in poorer treatment at the docks. As when they are getting you to run their freight below your cost, they devalue your time, so you spend more time at the docks. Even though it may seem like you’re sitting more looking for that profitable run, you will be netting more. Comparing my net to a friend’s, we ran almost half of the miles they did, yet netted almost 25% more per truck. Cheap freight steals your revenue opportunity time. With much more DH than them, we still grossed more $ per hub mile than did they. Don’t concern yourself with %age of DH, focus on revenue per ALL miles run.
Brokers are just acting as our backhaul sales people, and they are definitely earning their commissions, you need to have the information and education to negotiate a fair rate. Don’t be afraid to let them hang up, it’s just business. Most of my backhauls are booked on the 2nd or 3rd call, each time pleading with me to lower my rate, (which in many cases is to an unprofitable rate.) We’re not on the Lowest Cost Routing Guide, nor do we want to be.
Robert Hodgin Jr says
It’s sad to find out I’m making more money on temporary disability than I did trucking . I got hurt in January 2019 and I had Surgery in February 2019 but I’ll never be able to return to work so I filed for temporary disability. But in the fall I’m eligible for full disability. It is really hard to make it anymore out there some are struggling Soo bad it is sickening. It’s really a cut throat business to be in . And all the Federal Laws restrictions and expenses not worth being in the business especially owning a rig unless your already wealthy I agree with the fellas. I loved the freedom of the road but it’d hard to make a good living anymore.. I remember when I was growing up my uncle used to make between 500/ 1000.00 a week that was excellent money back then but now you would be lucky to break even on each trip.
Bill says
Wow, I really hope people take notice to your post! I don’t know what else to say. You “nailed it”…..
Mile Climber says
Well said Steve! This is a business issue. It’s all about supply and demand. For every business savvy trucker who understands profit and loss…there are 10 desperate drivers/companies that ignore profit and loss and take the cheap rate. Shippers and brokers don’t care who hauls their freight…they just want it hauled. There’s always some charlatan that will prostitute themselves saying, “something is better than nothing” and will run the $1.00-$1.13/mile load. That will never change in this industry.
Supreme says
Thanks. So true. Now I don’t have write all of that bc you did clearly.
Tim N says
That was a very accurate assessment of today’s situation! I started doing this sh*t for a living in 1981 as a brokerage dispatcher, then in trucking and brokerage, and then just the trucking side now since 1995 (the same year I got my CDL) so…I understand why they do this ‘law of supply & demand’ thing, but I absolutely do NOT agree with it, and it’s exactly as you all know:
These are just BS tactics to increase their profit! I keep telling all these brokers that’ll listen…this crap keeps driving a wedge further between us and when the demand goes up (and it will) and rates will too (WITH A VENGEANCE!)…but they don’t really care and are in a lot of cases just following orders, BUT that still that doesn’t make it right! I have my 4 trucks running vans in the Midwest. I cannot believe some of the offerings…rates that I haven’t seen since the 80’s! Somehow we all have to band together (and I hA don’t know how) to fight this! Do we need to have our friggin gov’t impose some sort of regulation again!?!? NO! But…PLEASE TRY AND STOP HAULING THIS CHEAP FREIGHT!
Been around a long time says
Exactly loading in Florida or any other geographical location has absolutely nothing to do with how much it cost to operate the truck. The truck doesn’t know what state it is in, nor what’s in the trailer. Be care with so called back hauls (personally I always felt there is no such thing a load is a load regardless of direction) The term back haul was usually used by someone attempting to get back closer to home, and I’ve heard hundreds of brokers and dispatchers say “Well yeah it’s cheap, but it will get you back home” The the truck doen’t know whether it’s going north, south, east or west. Does one take a good paying load going west and take a cheap one returning east and walk into a fuel stop and say to the fuel stop operator ” I’m hauling a cheap load and can’t pay that much for fuel?” Go ahead and ask and see what he/she tells you.
Hannibal says
…$4 in fsc, was that in addition to your $16 per mile?
MARIO says
Go to Walmart to shop be a little stingy don’t be lazy alot if places to shop in any truck route do your own thing within the elog rules don’t protest live everyday as happy as you can I am a third generation driver it can be worked out but not what the owner operators pushing to get we are apart who are you drivers complaining for or are you the ones just starting crap
Old Timer says
You don’t have to pay for parking, showers are free with fuel purchase and there are plentiful places to eat other than the Iron Skillet…
Rod says
What do you mean drivers have no unity NOW ?
Where you a teamsters union member ?
Really if you won’t join a union do you have a right to complain about lack of unity ?
Jason Wright says
Unions are complete and udder waste.Charge you big bucks to join and dues so the Executive Board can have fat salaries and a fancy title.I had to join 2 unions in my 30 years of doing this.Teamsters & Operating Engineers. Both nothing but a scam.
Got my own authority and do my own thing.Some days I do really well other days it got me home.No ELD either.
The days of fun trucking are long gone.Now it’s a matter of survival and keeping the bills paid.
combil says
Is that your only aspect of unity, if so I feel sorry for you !
A J says
Well spoken truth
Joe metoyer says
Well said
Jo says
I have been pondering starting a drivers association for years now where drivers will have access to full health benefits, prepaid legal services, a network of online peers to chat with and share advice and most importantly use the power of an association to lobby and petition the government to get employment law changes that benefit actual drivers and employee/workers and not for the benefit of the employer / corporations.
All transport companies have joined corporate associations OTA and TTA etc to be able to lobby government to create laws for employer benefits.
Maybe we can claw back and get provincial trade license program with standardized hourly rates and overtime starting after 50hrs per week to start with.
combil says
I believe there is such an organization already incorporated and doing all of those things OODA is the name ! Check them out the have a web sight
Paul Vineyard says
That’s the most ridiculous comment I’ve read lately. Poor, poor me, everyone wants to take advantage of me. Get over yourself. Parking is free if you have a brain. You don’t have to buy anything from a truckstop if you don’t want to. Showers are free with fuel. Do your due diligence and find a company that pays and treats you right. I get so tired of reading these comments from drivers who are just never happy about anything. Have you ever thought that the whole world might just not be out to get you? It could very well be that the entirety of all the bad situations is created by YOU.
Michael says
I’ve never met you before and I can tell your part of the problem
George says
He should have had all his logs.
Jw says
I totally Agree driver as a driver myself I feel the pain too.
Cherokee says
First off the company can’t legally make you do anything during your DOT brakes so that was his choice. Second it’s against the law to perform any work during those breaks. Third he said they owed him for working on those breaks for over a year but only showed proof of five days. What did he think was going to happen.
Samuel Gallezzo says
Obviously someone doesn’t know the law.
John Lackland says
The company can make you stay with the truck.
John P Daley says
They cannot make you stay in the truck. The only time you can stay in the truck is on the side of the highway.
There was a UPS decision about this years ago, they wanted a driver to take his meal break in a vacant lot where he would meet another driver to switch loads. The driver’s complaint was there was no facilities there. The judge ruled against UPS. Basically when you are “off duty” you can go play golf, do anything you like. If the company says you have to stay with the truck that means you are responsible and should be getting paid to “guard the truck”.
Diezl'n Devildawg says
Actually when your on your 30 minute mandatory break your not supposed to be in the drivers seat.
Sergeant Saunders says
Very well said and exactly correct!
Trucker McTruck says
I worked at a company for two weeks before walking away. I knew within twenty minutes on the first day me and my coworkers were not going to get along. They were clearly automatons whom had this notion where you could eat while working or worse yet just get a sandwich and keep rolling while eating. Over half of them were Dominicans and the majority of the rest were from Central America. You could not talk to any of them without an interpreter and the ones that did speak english were clearly fishing for things to run back and tell the boss. The boss had the impression you should tremble before him and was clearly intimidated by my physical size (6’6″, 250 lbs).
Sorry, but that is NOT how I operate. I am a driver with over ten years experience and well aware of what trucking involves but I do take my lunches-meal time seriously. That half hour to forty five minutes give me time to think and back and legs a chance recuperate. Its a shame the guy got screwed but hey, sometimes bought sense is the best sense in the world. I knew from that episode I am better off as an OTR driver with no boss or snitches who will do anything it takes to keep their seven buck an hour job standing over me or watching everything I do but glance away at the floor or anywhere else when it came to eye contact.
Shelly Winterberg says
U are exactly right. So he admitted in court that he falsified his logs. Thats a real genius there. Most of these modern day drivers are their own worst enemy.
Steve.hickmore says
That’s what I was thinking. What dummy!
combil says
He did no such thing, the judge decided in his favor but could only apply a remedy to those days the driver could prove the Company broke the rules! Basic Tort Stuff no revelations
MARIO says
I you are taking a break in an illegal spot and asked to move by property owner or any type of enforcement officer even a security guard you move not like those drivers that pull into truck stop and park where they know they are wrong but they think it’s ok especially owner operators that’s what gets me those are the ones complaining time to go back to company drivers be humble
MrYowler says
He’s lucky that the DoT didn’t show up in court to fine him for the Hours-of-Service violations. We have what may be the only job in the country, in which the worker may have to pay for working over his allotted time, instead of being paid…
Hammer Head says
Unfortunately for this guy, his legs were the only thing the judge can use to calculate the figure owed. A judge will not make an assumption when it comes to calculating a court award. It’s unfortunate for this poor guy that he didn’t keep his paper copies of his logs. I have 12 shoe boxes full of them that I have saved doe over 20 years. The real issue here is how bad truck drivers are taken advantage of. There’s no court in the land that could ever award you sufficient satisfaction for suing the company in question.
Trishlm says
This is nothing out of the ordinary. Truckers are being taken advantage of everyday. This crap of only being able to collect time owed at minimum wage is ridiculous. This is why so many truckers give up. Hell if you have to fight for your wages you will only be given minimum wage, less than a McDonald’s worker for putting your life on the line.
combil says
If you guys have such an issue with the rules get a hold of you Legislators and discus your options with them, they are the only remedy you have !
Robert Benoit says
His stupidity for working during his 30 minute break. Off-duty means you are not doing anything for the company. If he is working during his 30 then he is violating the hours of service and instead of employer paying him, he should be fined for breaking the rules we all have to follow. And you guys want to know why we have so much regulations in the trucking industry. This is an example of why.
Sherrie says
As a former retired criminal investigator, I encourage all truckers to gather together and stand up to the abuse. I have seen dishonest DOT officers abuse and take advantage of the truckers in this industry. Even when there was no violation, they made up one or made it appear there was one. Law enforcement tactics like this make me sick and give a bad reputation to police everywhere. I have watched cities ban truckers. Sure they want their products, but they don’t want to know or support how they got there. ELDs are forcing truckers to run against the clock and it has been proven unsafe. Now carrier tracker apps are a joke and don’t always track, leaving brokering companies the ability to abuse truckers further by denying payment for delivery of the load(s). Fuel is rising but load pay is dropping huge! Truckers are being taxed for lanes they can’t use and higher tolls are being unnecessarily imposed because counties want revenue. Yes, I have first hand seen the abuse and if it continues, I see a future where products won’t be moving. To those who want to enter the industry, my answer is DON’T—-unless you are a glutton for punishment!
Dee says
Well said. They need to unionize to be treated better by their company and cities. It should be mandatory to provide free parking throughout the state when you’re in need of freight in your city. Fair wages should be given and companies shouldn’t be allowed to charge drivers to fees they’re able to claim on taxes. Fight for your rights.
Barb says
Ditto. Am off the over road grind, and driving local. Home everyday. Take lunch to save money. Per hr wage averages out to be more than all the headaches of the road. No respect for drivers out there anymore. 15 years is enough.
Pauly says
If you cant afford lunch in the city than u shouldnt be here.
Luis says
You are 100% right, but drivers will never gather together.
Jo says
Tickets are easily taken care of first refuse to do anything for the officer surrender the truck keys to him if it is company vehicle and state I cannot perform any functions for you or present any evidence to you voluntarily because I need to protect my right not to incriminate my self.
Then only do things under duress and only because you fear injury by violence or threat and state that in court about any evidence gathered from you or by contacting the prosecutor and asking him a few questions which create a quasi jurisdictional challenge or show a conflict of interest in the case if he or the judge were to answer honestly then tell them to withdraw the charges or you will ask a whole bunch of questions like that in open court till they can’t answer anymore and that will stay the proceedings.
If they don’t answer then how could you possibly understand the nature and cause of the proceedings against you and voila there can be no proceeding till you have understanding.
or just simply ask to have the case withdrawn or you will lein the court file for 5 million dollars to secure cost for security untill the case can be challenged for proof or appeal.
These are Kind of like threats they use with you !!!
Tell us this or that will happen. Ha ha ha
These tickets are all fraud unless there is an injured party involved.
Perry says
Nonsense to file a lawsuit & claim for over a year that he’s owed wages but only have proof for 5 days. Did he really think that 5 days was gonna be enough? Serve him right but had I have been the judge I would of thrown it out of court way before it went to trial. A waste of everyone’s time and my tax money.
brucito says
Humph. I bet I handed out more in tips at truck stops than you’ve paid in taxes.
combil says
No he thought he would walk away like the lady spilt coffee in her lap at McDonalds, or the guy sued Monsanto and got 90 mil. First and foremost he refused to avail himself with council. Most decisions by judges are nothing more than rewards to the lawyers that argue the case !
Laz says
amen to you brother walter and trishlm;
here and elsewhere on other forums are constant posts informing the curious and new how much they are earning as truck drivers. shining them on, down the garden path.”you’ve got to pay your dues” “you start at the bottom and work your way up”- I counter with my own experience, that I was seeing more as an urban bike courier 10 years earlier than I did as a long-haul truck driver on the road for a month at a time. I paid my dues for over a year before I managed to get out of that trap.
it is good to see the truth coming out- it’s about time
Vanya Kouveli says
Judges are freemasons. No sense of justice no ethics. USA =New World Order already. We the TRUCKERS are always the VICTIMS of corporations run by freemasons as well. Police officers also instead of serving the public have become “money collectors” and counties / courts use the highways to serve their GREED via truckers. All those are the Antichrist’s workers. Wait and see the Judges and Global Police in a couple of years. They’ll say “it’s the law” and will shoot you on the head
Luis says
Amen to that
brucito says
Its really sad when a law enforcement officer is told constantly that his paychecks depends on the number of citations he gives out. Many have daily quotas to make and not all of them are happy with that but what other choice do they have? We are all automatons whether we admit it or not.
combil says
You my friend are biased and wrong ! There are more old school truck drivers and O/O’s in America that are Masons ! Only industry with a larger population would be the Federal Government
Richard K Tastad says
There are plenty of trucking jobs, don’t stay at companies that don’t follow the rules. It not worth the resentment you will suffer day after day. Move to a company that treats you right.
Lorne says
Laws,laws, laws, laws, laws, rules,rules ,rules, cant make money with your hand tied. I got into mining, no cop’s no DOT no traffic. It’s awesome. C-ya trucking industry.
Greg says
is there room for me over there in the mining industry???? I need a ship to come in… but i will take a boat if thats all there is..
Royce says
Ultimately, we have the truck and the communications device. You have to tell them if things can be done or not in advance and as soon as unexpected things occur. Even though it seems like the company is pushing you, they can only bully, it’s up to each of us to do what we can legally and unfortunately share in the loses created by not being allowed to work nonstop for days or weeks at a time. Recognize your own greed before you get in a truck or you can easily die.
MT Pockets says
…and why I got off the road for good last Oct. The industry is in the sewer, its become a cesspool. Its only getting worse & the quality & ‘professionalism’ of drivers out there has become sub-standard at best. I saw the hand writing on the wall & said enough was enough & walked away. Smartest move I did in a long time. Get your ducks in a row & find something else to do while the economy is hopping otherwise you’re gonna keep getting screwed every which way you turn. Driving a truck for a living has become the bottom rung of the ladder, sadly, and unless your bilingual, good luck!
Greg says
nope…. bottom rung of the ladder is just under trucking… its carpenter construction.. under paid.. over worked… so everytime your rung gets a little lower.. your just driveing the carpenters rung even further down. sure there are one or two in the industry that might do well.. but the bulk of us.. nah… no.. notta. nyet.
David Poole says
Truckers will never come together because we can’t see how bad we are really been messed over been out here since 1982 made more money then than now there was unity in trucking now it’s all divided no one excepted the brokers truckstop dot shippers receiver are making the money and might I add and home every night with there families while you as truckers are on the verge of losing home families cars land etc. But what we do is put the blame on each other before I retire in a couple of months I would love to see truckers cripple this country like it’s crippling us as truckers and I know some dumb ads who been out here for a few years will come back and make some smart comment and there struggling worst than anyone I applaud the trucker for standing up for his self win lose or draw let’s unite be one voice
Bill says
I know that many of you know the law but one thing is missing and that is the word DRIVING through his breaks. You can work as many hours as you want but cannot drive after the “break” law has been violated Just a nitch in his statement. DOT law ALWAYS prevails over our bosses wishes. There is no accountability for the blame.
BARBARA LEMLEY says
I am not a trucker. I have stayed at a Holiday Inn Express. I have tenant who is a trucker and has been for many years. He was convinced to become an owner operator. I do believe many trucking companies take advantage of owner operators in more ways than one. He bought, leased etc a truck and had nothing but problems. Maybe that is why that truck was not operated by a company trucker. As the old saying goes, he worked for the company store. To me he was not an independent operator by the IRS standards.
combil says
that is all. Had a friend explain to a mutual friend about leasing his truck after a major engine failure wiped out his working capital. If you put my name on your truck all of your business becomes mine and I will own you and your truck in 2 years
Edward says
Trucking is a small microcosm of what’s really going on out here. There is little to No respect for truck drivers anymore. Look at the number of billboards popping up targeting drivers. Without solidarity truck drivers are just sitting ducks for continued abuse. From overpriced everyday items, pay for parking to down right being banned in certain communities. Let’s not forget the extreme weather truck drivers are operating in risking their lives which is only getting worse. I also see a future where there are significant product shortages.
Ezzyboss says
Hey my friend trucker, you are bless. Thank God you are alive. Well, it sounds good for you to pursue this case. That’s right for $35, is not bad money put it in investment and by the time you retire you will earn a lot of profit. First of all, you violate HOS rule. Second, if you want to drive for living set your own rules to obey the law behind the wheel to be safe make money to come home. On the highway you’re on your own alone to plan your trip accordingly. Third, do not let your company ride you bad even if they pressure you. At end of the day, when you get in accident and find yourself paralyzed without work, without no money you will feel mad for your own bad behavior. Trucking companies don’t force you to come drive for them when you apply for work, they help you make living so you must be proud to do what you can to safe. If the job is not safe go somewhere to look for good one. Money can’t buy your life. Your life is precious. Finally, if you don’t like to be a trucker save money to change work or be your own boss.
SMeyer says
He should have had a lawyer consulting him. Actually, I’m surprised he won. No one can force a truck driver to run illegally. It was his choice to do it. But, he proved his case and got what was due him.
John says
This Guy obviously wasn’t the brightest of the bunch! If your gonna sue for them days, your gonna need proof for all the days he claims were forced! It was just a waste of time for them 5 days only!!
Steve says
I don’t know about the states but in the uk if you get caught working when your supposed to be resting it’s between £ 1,000 – £2,000 fine and if the operator is found to encourage it ,it’s sometimes a prison stretch. If it’s any consolation we are getting screwed in the uk too ,fuel almost £6 a gallon main dealers labour charges £105 an hour and all they do is replace things till they find the faulty part. The first thing they ask before they do anything is cash or account,that’s before you tell them the fault.
Mercedes says
Glad to know you are closer to your retreat from years of stress. May you enjoy it in good health. Hope someone advised you to start a SEP IRA or ROTH IRA as an independent driver as a reward for all that stress. It is the same issue with nurses working through breaktime. I’ve been out of the loop after an injury.
Rob E Wolk says
Walter, after you retire,Come help the trucking industry!!!!!! Be our Ceasar Chavez,Of the trucking world…
Ron says
Saw a saying years ago ” Nothing is free and there is always someone ready to take what you have away “. Now that I’m retired…I realized how much was stolen from me over the years…by the government, the lies by police officers, the people who work in the legal system, and yes even relatives . One good thing I learned….Any money gotten dishonestly, nothing good will come of it. This Judge was covering up for the trucking company, by using a useless statement to placate everyone so the driver would lose ….”Unfortunately for Lehman, the judge ruled that since only those five days could be accounted for “.
Phatkhat says
They forgot the Illuminati and the Lizard People. LOL. I suppose NO truckers are, themselves, Masons.
Sara says
I agree how will those lizards survive ? Poor things don’t you just want to give them all your money. Yours not mine . I just stay. Straight. I’m always broke anyway paying out again and again and then some .
Steven Unruh Gwynne says
Is this a real news story? If so, why no details? What was the trucker’s name? What was the name of the company he sued? For how much was he suing? In which jurisdiction did he sue– small claims court? When did this happen…1932? We don’t even know in which country the trial was held. It seems to me this headline was written simply to provoke an emotional response in the reader, not to inform.
Lance Newcomb says
Thats a very fair judgement. Proof is the burden of the accuser.
brucito says
You sound more of a boss than a company driver.
Hannibal says
I don’t understand all the negativity, he could claim the moon, he got paid for his receipts. What company have any of you worked for that didn’t take at least 30 minutes for lunch? What commercial driver is not mandated to take a 30-minute break under the 8 hour rule? Even local and farming are required to take the 30-minute break under the 8 hour rule and are merely not subject to logging requirements.
I’m usually one to issue contrasting statements against the public opinion that it’s greedy and sloppy drivers that do most log book violations and are responsible for most accidents. Historically that is the responsibility of greedy carriers that underpay their drivers and have poor safety standards. Most of these have definitely improved over time.
In this situation, we have a commercial driver routinely violating his 30 minutes break and demanding to get paid for it. Even so, he could only provide documentation of five days out of the supposed 1 and 1/2 years. The courts did their job, he failed to do his.
To those complaining about being taken advantage of, stop complaining and stop letting it happen. However, you do not get to point out a problem and not work to fix it also. It is similar that most who complain about policies the loudest are the ones who did not vote. If you establish your value over what is being offered, go somewhere else. In business, if a company is having problems recruiting people at a given wage they will increase what they are offering; it is generally the complainers that committed to the wage they were offered, who then turn around and complain about it later, that are the most culpable. Those are the people who create the situation that they then define as abuse. Additionally, if you are bringing quality above and beyond that of the standard worker, you may ask for more money and will generally get it. Under most circumstances, sheerly by asking one can achieve 15 to 20% more than the offered rate just for the sake of asking. You are also more likely to get a higher starting wage than any raise worth mentioning after 1 and 2 years in.
Also worth mentioning, there are a lot of complainers who went to the big five( more like big 15) and expected high wages as well as comprehensive training; neither to ever be present in said environment. Some people who go to work for the Big 5 know exactly what to expect, they have high rotation in the first year of employment which is that same first year of employment that every driver needs to get sound work experience, some people have irrational expectations of that same first year of work especially under the mismanagement of said Big 5. The results are the same regardless. Through savvy year one employees who are using the Big 5 to get necessary experience that they may achieve a well-paying job, and through the larger group of inexperienced employees who do not conduct their due diligence, the Big 5 will never be in short supply of employees and will always pay low.
It is true that a driver can start off in his or her first year making $20 or better per hour, it is also true that a driver can start off in his or her first year making $12 an hour. There are many factors that impact these figures such as geography, micro economy, macro economy, federal and state taxes on businesses, mandates such as health Insurance, lobbies such as those that come from the ambulance Chaser industry that want to multiply General accident liability by a factor of 5, you’re unique driving record, your age and experience, Futures in various markets, supply and demand in the markets that your transportation is satisfying, overall management of the business you are employed by… merely the tip of the iceberg.
If one is only looking for a job to satisfy one’s life needs, take the job you find most acceptable and perform to the best of your ability. If you have higher aspirations in life, work to better yourself via education, training, work performance and attendance; these qualities will improve your odds for raises, promotion, and will elevate your profile to be more attractive to better paying employers. It is your responsibility to educate yourself about your own job market, it is petty and irrational to simply learn about somebody making a higher wage and not consider all of the other factors to that unique footprint when complaining about the wage disparity. Often times individuals will complain about a wage disparity only to find out later that per work performed the individual with the higher wage is ultimately underpaid as they are conducting much more work for the slightly higher wage. That doesn’t stop the complainers from just focusing on a number.
Consider also that one may only work so high in a given company as a driver. There are several other steps in the industry. I’ve known many drivers who have elevated their position by educating themselves and becoming a freight broker, a lease driver, or an outright owner operator or independent carrier. The headache comes on the quickest when a one or two-year driver will complain about the money one of these individuals makes. They have no concept of the overhead involved nor the courage and risk undertaken by the individual and thir family in one of these situations. They merely want to look at gross receipts without any money going out and sit and pout about how much money they’re missing out on. Nevermind the fact that by the big five sharecropping hundreds of thousands of employees per, they are able to bid Pennies on the dollar for routes to keep them out of the hands of the independent contractor or carrier. Nevermind that these drivers also subsidize the mismanagement of their less responsible fellow drivers’ mistakes with their own paychecks. These carriers, if you have read about the driver shortage, are directly responsible for said shortage due to their poor treatment and pay of their drivers who, some of which, will never drive for pay again once they leave that company.
I personally run a program, as a small Fleet owner who started off as a company driver and begin to purchase trucks, for military veterans with aptitude; my goal is to keep an employee for no more than 5 years unless their specific life needs or preferences request otherwise. It is more of an apprenticeship anyways and we are working to legally establish it as such in the near future. In as much as I don’t expect to find much of our targeted demographic reading this, I don’t consider this an advertisement but more of an enlightenment as to what smaller companies are capable of when they are not under the thumb of the large Giants in the industry.
Our wages are percentage-based and therefore represent an equal amount of profit and loss based on the industry and when the company profits more on a given route or contract, the driver does also. Where our infrastructure eats more than 60% of gross receipts to keep the truck moving, 40% remains to pay the driver and other company employees with high hopes that the truck will generate a small profit for the company each week. During the five years of this program it is our goal to work ourselves out of an employee by training them in basic and advanced vehicle mechanics, training them in a wide array of vehicle operations such as Hazmat, tank operations, flatbed operations, household goods, refrigerated Goods and more; we Supply training for general business operations and practices, business accounting, marketing, and industry specific infrastructure such as how to find loads and create relationships with brokers. The culmination of the 5-year program is that the driver will be fully Suited to become an independent carrier and conduct business for themselves. At this point they are free to seek out their own business elsewhere or to carry our contracts. They also will have access to our buying power and accounts, vehicle financing at a severely reduced rate which is highly competitive against the market, reduced shop fees at our facilities, and should they ever wish to adjust their position in the industry we offer vehicle buyback options, broker options to employ their vehicle on our accounts, and as surprising as that may seem there is a trend in the industry for people to generate a certain amount of profit and prefer to go back as a company employee to which our door will always be open; although none have exercised that option yet.
Whereas we have discussed the opportunity to create a similar program that is not exclusive to the military, there are no plans as of yet. Likely, somewhere there in the industry a similar program is in place. For the millions of vehicles employed by the Big 5, there are millions more in smaller carriers and fleet owner groups. There are multitudes of options with better pay scales in better benefits scales that do not exist under the banner of a trademark you would instantly recognize on the road.
However, for every three good options, I have seen at least one bad option where broker trucks and carriers sit and complain about the pay offered to them; the sacrifice for getting a better wage is to unemploy yourself. Hopefully before you’ve done so you’ve already found a better place to go, but I recently commented to an individual who is complaining about his pay going down to 83 cents per mile which includes fuel, they would pay him $0.03 a mile if he would take it, his replacement would make $1.20. If you really want to change the industry whether you are an employee, a contractor, or a carrier is to demand a higher rate and if that higher rate is not met go to where it is. However, you must also keep in mind that it might require you to move far from your current geographic location and/or spend much more time away from home. At that point you have a cost and benefit analysis were you have to determine weather the costs are lower than the benefit. You simply will not get all the benefits in one bag. Truthfully, I see my family less as an owner then I ever did as a driver but it is a decision we all made together and it currently suits our needs and when our needs change we will work to meet those as strategically as possible.
In summary, you can’t accept employment at a rate that you deem is poor and then demonize those who offered it. If you truly want to fix the industry, you will defund or remove support from, the industries that choose to treat their most important resource poorly by hiring elsewhere. That company will have to change its benefits, training, or pay to attract your replacement in order to continue to do business. It is also merit-worthy to point out that when you speak to prospective entrants to your field, that you spread this education of having a plan for their career and not just bopping around chasing wages. The generation that comes behind you will ultimately take your job for a lower wage whilst complaining all the louder.
El Diablo Perro Soldado says
For decades the OTR driver has been treated like rolling ATM bcuz the drivers do NOTHING to stop it!! After 40yrs.as an O/OP I sold my Pete&took local job being yard dog!! More money, Benefits, less headaches&home EVERY NIGHT!! In the Transportation Industry CORRUPTION IS RAMPANT!! That being said the drivers have let it get that way by NOT doing ANYTHING to change the status quo!! MEGACARRIERS OWN THE COURTS, FEDERAL&STATE D.O.T, ATA&OOIDA!! The MEGACARRIERS will put ANYBODY out of business if they perceive their livelihood is being THREATENED bcuz they have the MONEY&ATTORNEYS to due so!! The driver to them is like some bug needing squashed!! We as drivers have had opportunities to change the system, yet we did absolutely nothing!! So you reap what you sow!! CORRUPT POLITICIANS side with MEGACARRIERS to receive GRAFT&BRIBE MONEY to look the other way for re-election favors by legislating laws that are clearly DETRIMENTAL to ALL DRIVERS trying to earn an honest living for their families!! UNTIL ALL DRIVERS(Company&O/OP’s) PARK THEIR TRUCKS&STRIKE IN WAYS THAT EFFECT THE NATIONS ECONOMY NOTHING WILL CHANGE!! The BEAUROCRATS @THE TOP in WASHINGTON D.C.know as much about trucking as the universe knows about BLACK HOLE SPACIAL ANOMALIES!! The FIRST STEP IS TO LOSE THE ANTIQUATED “PAID BY THE MILE” to “PAID BY THE HOUR”!! That step will @least start leveling the playing field in favor of the DRIVERS!! Nuff Said For Now!!💯🇺🇸👍😎💰
Don says
Always document, everything. However, he allowed 1.5 years to pass? Does this pass the smell test?
combil says
To go thru the court system twice, I would say timely considering my experience !
Ed says
Very good lesson- it made my day
Sara says
I know it sounds far fetched but just a sick thought that the rail road wants to carry all of our goods and use driverless trucks to haul it. A horrible nightmare I had.
Rod says
So he gathers up the rest of his logs and files again. The company knows how it’s goona work so they just pay him.
By the way he was paid at a rate of $14 a hour for his half hour breaks.
mwugaw says
By the way…Where did you go to school at? He got $35 for presenting 5 days of logs….that’s $7 ALL DAY because 35 ÷ 5 has always been 7
mwugaw says
Why do people comment on things that they haven’t got the COMPLETE understanding of…
Doug McMaster says
I have been driving over the road for 44 years.( before fax machines and cell phones etc. ) All I hear is how bad you guys get treated and how you don’t get personal time at home . Are you all that stupid . Trucking is a 24 hour 7 day week business. Suck it up Buttercup. If you dont like what you’re doing for a living find another occupation. Or you can work for a reputable company. In other words stop whining Doug
Jimmy logan says
Well said Doug your old school my friend like myself these idiots are all melenium truckies rolled up in cotton wool good old truckies were are they.
Donald Dey says
Now that has been the best comment through the whole crap I’ve been reading some points are valid most they’re not don’t be a crybaby work somewhere different if all you’re going to do is complain about the job you have
Robert Mickschl says
Yeah I get to get treated I like dirt. I’m getting well. I don’t get paid for for all the work I do. That’s my biggest complaint irritates me big time.
Kevin Chevalier says
Trucker report sucks they dont have balls to give real though only censored
crap gutless turds
Robert says
I was always told by my dad, ‘ if ain’t making money at it, don’t do it ‘ I don’t touch any load that’s not paying 1.35 a mile minimum, I push for more but I don’t touch anything for less. It’s cheaper to let my truck sit.
combil says
Very good friend of mine does power only off the dispatch board and averages $1.75, at2500 miles a week, do not hear him complaining at all
Ride eternal says
What the public said about truck drivers are true, stupid and a monkey can do it. Is no wonder no one, and I do mean no one respect anything or anyone in this industry. You can’t even have two drivers to agreed on one subject, nevermind an important issues that can improve drivers pay and quality of life. Government, company, law enforcement and the general public fuk truck drivers good…..real good, and most of them put up with it, because most of the drivers are too dumb to know better. All they know are the truck they drive…..oooo my company just assigned me a new truck. With attitudes like that us no wonder companies and everyone take advantages of you. Be smart, I driven for 21 years own my own truck. I make money because I don’t put up with shit from just any company, they need me more. Just like drivers are dime and dozen, same goes for companies.
Zavetta Taylor says
I thought the carriers had to keep logs for 6 months. If the company runs e logs, he has a right to them under the law.
Deaconblues62 says
This is what happens when you work on mileages vs on the clock by the hour.
Remember anything they tell you or the recruiter tells you can change at anytime without notice.
Everyone signs and agree to it.
READ BEFORE YOU SIGN.
joe lehman says
on appeal I expect to prevail……I told the magistrate that I had not been paid for 1/2 hour each and every day worked, for 1.5 years full time.
The company did not even dispute those facts, and the magistrate ignored my words.
In IN an employee winning a wage dispute can collect treble damages, along with (attorney) fees and (filing) costs, at trial, and on appeal….stay tuned.
Most truckers could not have been able to do what I’ve done, for financial reasons.
Jim says
You know it’s bad enough we are away from normal life on week’s end.Needless to say the things we have to put up with to make a living.I have been through a few companies in my 6+ years of driving.
I do it cause I’m good at it.So do most.
This guy needed a better case a solid case.It’s the shit people don’t see, the things that go on behind the scenes.I had a friend drive through a house to make ontime delivery.If it’s late they cut your hours garnish pay stuff like that.He was the only truck in that area to cover it.Logistics don’t care if you have already rolled over your 70.Of course he should have protected his CDL.It goes on and on the list of crap we have to go.I’m building a case rite now.