Labor Law Question?????

Depends on if or not the motor carrier is an intrastate (within one state), or interstate (many different states) carrier. If you work for a broker/agent pulling containers out of JAXPORT it still depends on the motor carrier. If the carrier is an interstate carrier it makes no difference. And if you are an owner operator it makes no difference because detention time would depend on what the lessor/lessee contractual agreement states.

The bottom line is if you don't have it in writing it's worthless no matter what someone tells you orally because oral contracts are worthless. The only thing that counts is what is in black & white.

You need to listen to your original post Re. "it has always been said". Said by whom?......other drivers who probably know as much about labor law as the man in the moon? And there is no labor law to my knowledge Re. detention time.

From a retired federal DOT official.

 

I agree with your point number 1 and 2
but #3
This is the reason so many trucking companies take advantage of good hard working drivers. It is this attitude that promotes labor abuses in the trucking industry!
It is this attitude, that is equal to the same behavior of an enabling wife, as her husband continues to be an abusive alcoholic.

 

If one hour is all you give, you ought to feel lucky. Most drivers have to give 2-3 hours before they get detention.

Truck drivers are exempt from many labor laws along with jobs that depend on tips like waitresses. If you are paid by the mile or percentage, by contract between the carrier and customer, the customer gets a fair alotted to time to unload included in the shipping price. If they go over, they pay detention. You don't just get $22/hr on average to drive. That money includes the accessory things too. It's a package deal.
When you go trucking, you have to wipe out your prior labor knowledge. What's right and what it is are two different things. The gov't has everything set up this way so they can regulate the cost of goods in stores. If drivers were paid overtime and other surprises, the current system would break down.

 

If you're being paid a fair wage for the driving, then detention is extra, and many pay scenarios don't call for it. Many folks have spent HOURS (over 6-7) at a place and have gotten nothing, and you're getting paid after the first hour.

Most detention situations I've seen pay after the second or third hour, so you're an hour or two ahead of 90% of the industry.

 

Les we not forget that we are exempt from the FLSA covering most workers in this country.

And I give 2 at the shipper and 1 at the consignee.......