Pushy Dispatcher threatens to fine me $600 is it legal?

Company ordered to pay truck driver who was fired for refusing to violate Hours of Service rules

 

Not getting too far into specifics, but the boilerplate template I use includes, in Section 3: Penalties,

"3.2 Detention. Recognizing the necessity of expedience in the timely transportation of freight, the Customer hereby agrees that:
(i) They shall have a period of two (2) hours starting at either on-time check-in or appointment time, whichever is later, to perform the following: 1) Assign a door into which the driver shall dock the truck, 2) Load or unload and secure all freight leaving from or arriving to the Customer's location, and; 3) release the truck from the property with only the minimal holdup necessary to conduct procedures required in operation of a secure trade facility
(ii) Failure to uphold this agreed-upon two (2) hour window shall result in a monetary penalty, payable by the Customer, in the amount of Five Hundred Dollars ($500 USD), which shall grow at a rate of Two Hundred Fifty Dollars ($250 USD) per hour of detention until such a time as the driver is permitted to leave the Customer's property.
(iii) Should adherence to 49 CFR § 395 Hours of Service of Drivers prevent the driver from leaving the Customer's property, any additional time the truck and driver are unable to leave the Customer's property shall not be included in the calculation of this detention penalty. The Customer, however, agrees that it shall, if able, permit the driver to complete their mandatory rest break before departure.
(iv) There shall be no maximum dollar amount that may be incurred should this penalty be invoked and begin accruing.
(v) This clause shall not be considered effective if the driver and the power unit are permitted to leave the Customer's property during the time that the trailer is in the Customer's custody for loading/unloading."

My legal guy gave it the go-ahead, but if y'all see anything that needs correcting, then I'm always open to correcting any mistakes that I made while drawing it up.

 

My lawyer would ask - who is the customer?

Broker or Direct.

 

ET transport just did a video recently on illegal employee deductions

 

Sadly, the companies can do pretty much anything that they want in regards to their employees. Laws that have existed for years are now widely ignored and even ridiculed. The government agencies that were formed to enforce rules to protect the public are now nearly powerless and corrupt, and it’s only going to get worse.

The ‘rights’ that we think we have now only exist on paper; the breakdown isn’t happening… it’s already happened, and no one is coming to save us.

 

Welcome to another episode of the never-ending series, "Trucker's Law"....... For only $100/hour, we will continue to make motions until one of you is bankrupt!

 

If running recaps always snap a picture of your 8 day view. Everyday.

The company can jam your tablet but if you know your hours, switch to paper logs and keep moving.

Happens more than once stop by a scale and report it.