My company is telling me that after I am done with my deliveries for the night I can go home and go to bed, but I have to keep the phone by my bed and answer it if it rings and go make the delivery when needed. They are telling me that because I am free to go to bed when there is no work that I am off duty and not accruing time towards the 14hrs duty. I start duty at 4 PM and remain on call until 9 AM. That is 17 hours on duty as far as I read the rules They are under the impression that I can start and stop duty during my 17 hours as long as the total doesn't reach 14. The real problem comes later when they want me to come back in at 4 PM after only receiving seven hours of rest. I am trying to get my hands on some legal opinion in layman's terms about what is considered on duty, versus off duty. Something that clearly states that if they are requiring me to answer the phone if it rings, that is still considered duty time. Also something that states clearly that the 14 hours duty has to be consecutive and cannot be broken up into pieces interrupted by moments of sleep here and there. The rule book alone hasn't convinced them.
Is on call on duty?
Discussion in 'Questions From New Drivers' started by Bournegadjet, Mar 31, 2016.
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Are u local?and if so whats the mile radius tgat u drive from ur terminal
Dominick253 Thanks this. -
Yes local and mostly under 100miles but not always.
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I think there is a rule that says you can be on for 16 hours if 50 miles from your terminal and havent used it yet. Id tell your company they are full of crap. Go to bed. If they call see ya at 4 pm.
Dominick253 Thanks this. -
Right!! I agree. But I am trying to go over their head with irrefutable proof that they are being negligent in their duties to keep us legal. I need something ironclad that says if I am required to answer the phone then I am on duty.....period!
Dominick253 and CrappieJunkie Thank this. -
Depends on if you like your job... You could remind them being off duty means you have no responsibility to answer your phone or do anything related to the company, or just log that phone call as "on duty" and let them know you won't have the hours to complete your run once you come into work. Who is charge of safety at your company?
mitmaks, Dominick253 and CrappieJunkie Thank this. -
Worst case scenario- You are involved in a multiple fatality accident- Police/Judge subpoena your phone records, you are supposed to log anything related to your company as line 4(or on duty if using local logs), they see a phone call at 800am, you never completed a 10hr break due to that phone call, and are now at fault for the accident. Worst possible scenario, and unlikely, yet still possible.
Dominick253 Thanks this. -
Sounds like you work in food service. And being on call probably means you're a new hiree.
To be honest with you, there's probably nothing you can do. That's how these foodservice companies work. If you look up any food service company in TTR, whether it's Dominos, Sysco, Mclane, USA Foods, MBM, or whatever, you'll read how hard these drivers have to go through in the beginning. You gotta remember, there's always someone else willing to do what you do if they can make $80-120k, no matter how bad or tough the job is.
Being on call is no way to live. I would suggest either look for another job, or try to stick it out, because once you get a set run, it becomes a lot easier, that's if you wanna call foodservice easy.Dominick253 and FLYMIKEXL Thank this. -
It is medical delivery. I don't mind the on call it's the not legal part that bothers me. I just want to be able to show them a legal opinion or a dot compliance ruling that applies. Anyone know where I can get documents that will clear it up?
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Dominick253 Thanks this.
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