On duty rules as regards to hourly employee

So you're not on the clock until delivery is complete, right ? (According to employer). Since you must attend to the truck and load while getting un-loaded, I agree with you, you are on the clock. Just my thoughts

 

Here's my understanding. I'm not saying its right but it's the way I understand the situation.

This industry works on a milage system because it exempts companies & drivers from the standard hourly wage rules. Millage rules are totally different. You are paid by mileage... end of story. I'm not sure that the company is legally required to pay an employee any wages for hourly work while performing truck driving duties like, loading & unloading. Most companies do it to retain their drivers. If you are on an hourly wage, you are under the rules of hourly pay. You get over time and as long as you are required to be there, they are required to pay you. In the case of in the sleeper, you are considered "On Call" and are required to be paid..... as long as you are required to be on location. That's the key wording... If "you are required to be on location".

Every industry may be different and have specific rules. I am not sure about the trucking industry as I dont run hourly.

A couple of examples. Fire fighters are not required to be paid for sleep time. However, most fire fighters are paid salary, so that takes care of that. But even those paid hourly, arent required to be paid for sleep time. That's an industry that has specific rules for these things.

There was a local case a few years back where a funeral home hired some college kids to come to the funeral home and sit while waiting "On Call" in the event someone passed away, they could take the hearse and pick up the body. But the company did not pay the kids for idle time.... ONLY the time they actually worked. They sued saying they were required to be paid under the Federal Labor Standards act. The funeral home argued in court that the kids were able to study using the funeral home like a study hall etc. In other words, they could use that time to do what the wanted while at the funeral home. there were no other required duties like sweeping the floors etc. They could use it for personal time. The kids argued that they were still required to be "On Location" and couldn't leave even for food or any other reason. The funeral home argued that the kids were ONLY "On Call" not required to perform extra duties, which is not a requirement for wages.
In the end, the court ruled that because they were required to be "On Location" for "On Call" duties, they were required to be paid while on call... on location. If they were required to be on call, but not on location, they had no recourse for payment.

However, the funeral industry is not the trucking industry, so I don't know if there are specific rules governing hourly pay, while on call, yet required to be on location.

In my opinion/understanding, generally speaking, you should be getting paid if you are required... if its mandatory... that you remain on location with the load and equipment.... sleeping or not... and getting paid hourly.

There maybe some rule about "On call" pay while on location for a special reduced rate. However, keep this in mind, there will always be a way around this for the employer. If you push this, they may put you on per mile and pay you for only your short milage, or on salary, then you'll be stuck with sleeping in the truck with no recourse for payment.. etc.
On the other hand, you could sue and they'd have to pay you up to 2 years back pay if you win the case. That's an option. Not a guarantee.