I found an interesting read on the weekly news letter from The Truckers Forum. The article was about drivers filing suit against New Century after they were laid off. In the suit, the employees say the company violated the WARN act wich says a company must give 90 days notice before conducting a mass layoff. I googled the WARN act, and it appears that JBS Carriers has violated this. Anybody know anything about the WARN act? Google it and tell me what you think.
JBS Carriers and their constant mass layoffs.
Discussion in 'Report A BAD Trucking Company Here' started by beerslave, Jun 20, 2014.
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I read the WARN ACT and from what I see this one sentence would/could be the killer for drivers.
"Employee entitled to notice under WARN include managers and supervisors, as well as hourly and salaried workers."
As we are paid by the mileage is probably their loophole.
http://www.dol.gov/compliance/laws/comp-warn.htm -
I saw that as well but it must just be an oversight. The way it's worded (the quote you posted), is saying managers and supervisors as well as employees. That was ment to say that it doesn't matter what your position is, your covered. That is my interpolation of it anyways.
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Probably because of the motor carrier exemption from US Dept of Labor.
http://www.dol.gov/whd/regs/compliance/whdfs19.htm -
There is an exemption as far as paying OTR drivers an hourly rate, that does not mean drivers are exempt from all labor laws.
In the original artical, drivers are bringing a suit forward using thie WARN Act. So the original question still stands, is what JBS Carriers doing legal under the WARN Act with their mass layoffs? The more I read it, the more I think they screwed up, like always. -
I know someone that contacted the dept of labor for help on receiving pay for loads that the company would not pay him for. They informed him that they do not govern motor carrier activities.
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That is false. Unfortunately, I have had to deal with the Department of Labor on a few occasions. The departments very state to state but they are pretty much the same, a royal pain. I don't doubt your friend had problems with them, or was even told they don't have authority with drivers but, they do.
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I am the one that sent him there and when I called them after their denial, they said it was the rules that they follow and hung up. Nothing like government workers not wanting to work.
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That's about right. 6 years ago, or something like that, I was diagnosed with cancer but still ok to work as per my doctor. I was fired for it and filed a complaint with the EEOC and Department of Labor. Those idiots took over two years to say to me, "inconclusive". Really? Two year for that? Any time I called to check on my case I got nothing but attitude. Once I called and said, "it's already been two years", and the response I got was "I have cases over 5 years old, why are you so special". Yup, tax $$$ at work.
an attorney later told me, "never waste your time going through a state or federal agency." Isn't that the truth.Roadmedic Thanks this.
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