Useful Info On Unpaid Hhv Miles

I guess I havent read up on your situtation, will see if I can find that.

However, most companies (from what I have read) pay practical or Hhousehold movers guide (or whatever its called) miles. Most company documentation (at least on their websites) mention this at some point or another. So I guess I don't know how much of a leg you have to stand on when this is an industry practice and when the company tells what method they use to determine your pay.

 

Do keep us abreast of your case.
I say that because a dispatcher I had years ago also had a driver running his private truck on the side.
That driver quit & then sued for the unpaid miles.
He won the case & that dispacther had to pay for those miles.
I wish I could recall that dispatchers name & whereabouts now.
He might have been able to help support your case in documenting that he was successfully sued over the same thing.

I think this is an important case & may even set precedent for the industry.

 

I think if one driver can win, others can too.

It'll take at least one driver's win & I bet you'll see other's following suit.

Class action? I dunno, maybe.
I forget what the criteria is to bring a class action suit.

Sure should be interesting at the least.

 

You know, I have been curious about this, and all I have seen or head so far is the tired old "that's the way it is" routine. IMO, what you said about the info on company's websites wouldn't hold any water at all. If they said "you work 8 hours a day but we pay you for 7" doesn't make it okay. I have showed my company a couple different examples where the route that they pay is an illegal route for trucks, yet they won't, or haven't yet, adjusted this.
An interesting sidenote to this also. I've asked for routing over the qualcomm and all I receive is basic "I80 250 miles.." so I asked for the route that coincides with the miles that I'm being paid. Turns out their computer doesn't give that much detail, just the total miles. How could that be? How can you say that this trip is 847 miles, but you can't tell me how you came up with that figure? Turns out that if a company tells you what route to take, and a problem occurs, they could be held liable because they told you to go that way. Or so I was told anyway.
Keep in mind, I'm not an attorney, but I do play one on TV...

 

Just a bit of under the table advise for you. Once you get into the "discovery" phase of this.

Have your attorney request documentaion of "paid" miles per trip, and actual miles charged to the customer...this can help you tremendously.

Class action suites have been won... CFI being a big loser dealing with unpaid miles LMAO.

If you ever get a chance to speak to a "Million Miler" from CFI. Ask them what the largest number of "Million Miler" employees they ever lost in one day

 

I think it's an "out" for them as far as paying for out-of-route miles.
They can say we didn't tell you to go that way, our way is shorter.
But, they never tell you what "their way is".

There's also a catch to it when they're dealing with a leased O/O.
If they tell a leased O/O which way to go, it infringes on the O/O's ability to decide on his own the best way to go.
He could then be viewed as an employee & due all the benefits of being an employee.

 

Good point.
I think the question becomes one of basic assumptions & expectations.

Is it truly necessary that all drivers understand the differences between the mileage rating references when all you expect is to be paid like the sign says, in x number of cents per mile for, presumably, all your miles?

As another poster described, it's an 8 hour job for which we will only pay you for 7 hrs.
I think the Labor Dept would have something to say about that.
You are supposed to be paid for every hour you are on the clock.
Are drivers exempt from that basic premise?
I wouldn't think so.
I think it's pretty reasonable to ask for all the miles you ran including any necessary out of route.
Of course they'll have to prove that you were out of route for no good reason to get out of it.

With technology what it is today, you can be measured in distance down to the last 3-10 feet just using basic GPS technology.
There's no way to say "We don't really know how far it is".

Carriers are forever on the lookout for a new way of maximizing their profits.
Usually it comes out of the drivers pockets because he is the only variable left.
They've effectively squeezed the last drop of ROI & efficiency out of the equipment & staff.
All that's left to squeeze on is the largest part of their labor force, the drivers.

I believe trucking companies have brought this kind of scrutiny upon themselves by venturing into the realms of cheap import labor, intermodal ops & supporting NAFTA.

Drivers are forced into paying closer scrutiny to maximize their potential incomes just as carriers do.

Drivers have just as much right to do so as any carrier.

Most importantly, drivers are now questioning the "system(s)" & starting to see that what they've been handed as "That's just how it is" isn't cutting it anymore.

That's just how it's been because not enough drivers got together & said "Enough! I'm tired of being lied to & cheated out of my days pay."

Shaggy, if there's anything in the way of research or testimony I can provide to assist your efforts, just email me.