Portal to Portal/FLSA

The company would say your mileage rate covers the first hour of unloading, etc. I have worked under similar agreements. I do not know the regulations your wife refers to, but Hours of Service regulations have nothing to do with the pay agreement.

 

http://www.hrresource.com/glossary/portal/

you should be paid for all hours. when your company TELLS you to show up at a particular time, they should have to pay you. otherwise, get there "just in time" to leave the yard......if the load is not ready, go away, come back later. if you "clock in" you got them by the 'short hairs"......

i will try and get more info for you.

here you go:

http://en.wikipedia.org/wiki/Fair_Labor_Standards_Act

now, you are "engaging in activities" when you show up and are on duty. i would from this day on, start your daily log when YOU ARRIVE, as "on duty not driving"......start accounting for your time......its your RIGHT to do this. this will also give you a "time stamp" that'll stand up in any court of law.........

 

Transportation workers are exempt from many of the FLSA provisions. In general, if your non-hourly compensation equals more than minimum wage, your employer has a lot of flexibility in how you are compensated for hourly work. It may not seem fair, but it's legal.

http://cfr.vlex.com/vid/782-3-drivers-19684878

 

http://www.flsa.com/coverage.html

 

Can anyone tell me if drivers are supposed to be paid minimum wage? We had a driver working for us as an independent contractor, driving our truck and using our trailer. My husband had worked for Dart, the one out of Columbiana,OH and they paid a percentage of each load, minus the expenses (fuel, etc) so when he got his own authority, he hired this guy the same way-60% of load minus expenses to truck. Driver took a bunch of money from fuel advances and then turned us in to Wage and Hour, who is saying we must pay by the hour for over-the-road drivers. Not able to find a definite law regarding this statement. If we got paid "by the hour" we would be millionaires!! We get paid a flat fee for each load, it is up to us to divide it by miles to see if it pays enough to haul. We have to pay fuel, insurance, etc every week, so expenses to truck MUST come out of pay for each job. This driver made over $3000 in less than 2 months, he worked maybe 4 1/2 weeks. I think Wage and Hour is wrong about the trucking industry, at least OTR drivers. Any ideas would be greatly appreciated. I did go to the links you all mentioned above, does not seem that drivers are under the same regs as other workers.

 

You can pay the driver percentage or mileage or hourly.

However, if he is using your truck and trailer, he is not an independent contractor. He is an employee.

 

Before any of you Drivers get to upset about NOT BEING PAID FOR ALL TIME WORKED.
Let me explain why EMPLOYERS Can do what THEY DOO DOO. (Pun intended)
In 1935, Congress enacted a law called (THE ICC OVER TIME EXEMPTION ACT), This Federal Act released Carriers from paying ANY AND ALL OVER TIME TO OTR TRUCK DRIVERS. Meaning, No (INTERSTATE) Truck driver has to be paid (1 1/2) time and one half over 40 hours.

However, INTERSTATE OTR TRUCK DRIVERS are "Supposed" to be paid (FEDERAL MINIMUM WAGE) FOR ALL STRAIGHT TIME LEGALLY WORKED. Meaning within the HOS Laws and Regulations.

To Continue, The ICC OVERTIME EXEMPTION ACT was supposed to (1) help maintain the interstate flow of freight and (2) protect the Carrier from paying the OTR DRIVER/EMPLOYEE for work NOT DONE. Most OTR DRIVERS agreed with it because, at that time, OTR DRIVERS were able to DRIVE as long and often as they wished.

Fast Forward just a little. Because OTR DRIVERS were driving FAR TO MANY HOURS, Highway Safety became a problem (IE) TO MANY WRECKS AND DEATHS CAUSED BY OTR DRIVERS, DRIVING TO LONG AND HARD. So, The ICC/DOT and Congress enacted HOS RULES, LAWS, AND REGULATIONS to prevent OTR TRUCK DRIVERS from the before mentioned. Although wrecks and fatalities DECREASED, so did the ability of the OTR DRIVER to earn pay for ALL THEIR HOURS ON THE ROAD. Meaning, if your not moving, your not making money. However, in their attempt to improve Interstate highway safety with the HOS LAWS, they did NOTHING about the OVERTIME ACT.

Meaning, OTR TRUCK DRIVERS can only LEGALLY DRIVE (70 HOURS IN 8 DAYS MAX), because of The Overtime Exemption Act, the (30 HRS) you work (OVER 40 HRS) only LEGALLY has to add up to FEDERAL MINIUM WAGE. BUT, if you worked at BURGER KING, You (UNDER FEDERAL AND STATE LAW) would have to be paid Time and a half.

I will Explain the Department of Labor (FLSA) (OSHA) and OTR TRUCK DRIVERS at a later time.

Trust me YOU WILL NOT BE HAPPY WITH THE ANSWERS.

KNOWLEDGE IS POWER.

 

This is correct! I know the Teamsters tried to get around it in NJ and they passed a law saying you had to pay overtime BUT only if you pay scale was under 1.5 times minimum wage...most carriers in NJ did some quick math and went 'Phew, missed another one!'; 'I need to thank NJ Motor Truck Assn once again for good lobbying'