Comply or not to Comply with California Law

Discussion in 'Experienced Truckers' Advice' started by ThisMug, Jun 12, 2017.

  1. ThisMug

    ThisMug Bobtail Member

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    California passed AB 1513 on January 1, 2016 which allows compensation for rest breaks and on duty not driving duties *LINK ON BOTTOM*. On-duty not driving must be paid at or above the minimum wage ($10.50) For example 3hrs on-duty x $10.50 min wage = $31.50. I bought this up after getting a lvl 3 inspection at Banning last week. Short story, DOT officer question about my logbook. He gave me a huge warning and told me to start complying with CA breaks or received a log violation (See photo for rest breaks info *NO LONGER WITH Schneider*). I argued that the company is following federal DOT and its not California based. He told me if your home terminal is in CA AND/OR you have a CA license, you must comply. I started complying with fear but the company is not paying me for breaks and on-duty. I talked to my boss about it and told me to disregard it. I don't know what to do? CA drivers or license holders, should I comply and request compensation or continue to follow federal DOT. Non CA drivers feel free to weigh in.

    Link to AB 1513
    AB 1513 - Piece-Rate Compensation - FAQs
     

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  3. JC1971

    JC1971 Road Train Member

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    What California break? Never heard of it.
     
  4. snowwy

    snowwy Road Train Member

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    I've heard cali may have different regs. I have no idea what they are but probably only apply to cali local trucks.

    Your question would be best answered by whatever labor commission cali has.
     
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  5. dca

    dca Road Train Member

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    I thought this only applied to local or intrastate driver's, ca meal break / lunch break, so why not take a 30 min brk labeled ca brk? it's been a few years since I had a ca cdl but it never applied because I was interstate and I was stationed in ca at the time. I've had more inspections in ca then any other, it was never mentioned. hmm have to look deeper
     
  6. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

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    Federal laws trump state laws.
     
  7. dca

    dca Road Train Member

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  8. BigTennOTR

    BigTennOTR Medium Load Member

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    Not when it comes to guns...
     
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  9. dca

    dca Road Train Member

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    the officer didnt think so here
     
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  10. dca

    dca Road Train Member

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    seems I'm in the state 3 to 4 times a month these days with an out of state cdl, would this appy?


    edit
    no it doesn't
     
    Last edited: Jun 13, 2017
  11. ThisMug

    ThisMug Bobtail Member

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    Its a strict work regulations placed by California. As DCA said 1 lunch break and 2 rest breaks For example, Start at 7:00am, stop at 9:00am to take a 10 min break. Work again at 9:10am and stop at 11:00am for a 30min lunch break. Work at 11:30am stop at 1:00pm for 10min break. Start again 1:10pm and stop at 4:00pm for another 30min break. If your working less than 12 hours, you can waive your 2nd lunch break.
     
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