BOL Question

I do basically the sane thing in a non-tanker role. Shuttle freight from the warehouse to the plant about 3.8 miles away. What we do to be legal is simply have a BOL tucked in the permit book without dates and the description as "General automotive freight" and an average weight (I think it's 30,000 lbs, but I could be wrong there)

 

The legal definition of "carrier" refers not the operator of the conveyance, but to the business that conveys. This issuance of a BOL is no longer required in paper form, although most customers will still issue one. The BOL in some select customers is electronic, and is, indeed, held by the carrier, not the driver—in electronic form. The distance isn't important here, however the code can sometimes not apply to intrastate shipping.
Some truckers have experienced BOL-less loads. Even over ten years ago I picked up freight at the Walmart DC in Gas City, Indiana, and they didn't issue BOL's. If you wanted a paper one, you simply wrote on a paper what you had, the trailer number or whatever else you wanted to put on it. But the actual BOL was not in your possession; it was being held by the carrier in electronic form. As long as the trucking company has a copy in any form, that complies with the code.

 

I fill 1 out with the pertinent info and turn it in to the Company .no paperwork , no pay.

 

It isn't worth my time to study the theoretical situation and case law of a trucker that belligerently refuses to turn in a BOL, but demands that the employer still pay them according to pay frequency intervals that are in their state law, but if a trucker doesn't have a BOL for a more reasonable reason, such as losing it, or not being issued one, the employer should pay by the time the law states their pay is due. This can be monthly, bi monthly or weekly. No employment contract can nullify state labor laws, however an employee can simply refuse to enforce their rights, and that's often why this stuff flies. The trucker is obligated to immediately tell the company if they can't turn in a BOL, and the company is obliged to work with them.
If the company refuses to pay merely because of a lost BOL, or none issued, they're vulnerable to a lawsuit regardless of what their policy is. Many policies are written as bluffs, and it's common especially for employers and landlords to include unenforceable stipulations in contracts hoping that the employee or tenant doesn't know their rights under the law. Often these contractual stipulations can actually be legal, but only in rare or isolated instances, and are typically and most often relevant only when they would be illegal. The key is "good faith" in that you tried to resolve the problem promptly. If you continue to lose BOL's, you can be fired, but not left unpaid, unless you simply choose not to demand your pay.