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Comply or not to Comply with California Law

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

Page 2 of 3
  1. Jun 13, 2017 #11
    x1Heavy

    x1Heavy Road Train Member

    34,017
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    Mar 5, 2016
    White County, Arkansas
    0
    California should stop wagging the National Tractor. Or find itself sold off to Phillphines or something.
     
    x1Heavy, Jun 13, 2017
    x1Heavy, Jun 13, 2017
    #11
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  3. Jun 13, 2017 #12
    scottied67

    scottied67 Road Train Member

    10,788
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    Mar 14, 2010
    california norte
    0
    You need that sheet from you company that releases you from responsibility during your breaks. I forget the exact wording but it exempts you from following California's rest break laws.
     
    scottied67, Jun 13, 2017
    scottied67, Jun 13, 2017
    #12
    tscottme, x1Heavy and Socal Xpress Thank this.
  4. Jun 13, 2017 #13
    STexan

    STexan Road Train Member

    14,962
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    Oct 3, 2011
    Longview, TX
    0
     
    STexan, Jun 13, 2017
    STexan, Jun 13, 2017
    #13
    x1Heavy Thanks this.
  5. Jun 13, 2017 #14
    Ridgeline

    Ridgeline Road Train Member

    20,732
    101,020
    Dec 18, 2011
    Michigan
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    NO they don't in this case, the state can have a stronger regulation or law.
     
    Ridgeline, Jun 13, 2017
    Ridgeline, Jun 13, 2017
    #14
    tscottme, bottomdumpin, Bob Dobalina and 1 other person Thank this.
  7. Jun 13, 2017 #15
    CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

    3,962
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    In a van down by the River.
    0
    Ok.
     
    CrappieJunkie, Jun 13, 2017
    CrappieJunkie, Jun 13, 2017
    #15
  8. Jun 13, 2017 #16
    ThisMug

    ThisMug Bobtail Member

    14
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    Aug 11, 2016
    93033
    0
    Alright, I have contacted the CA labor commission (worst than the DMV wait time) and I was informed in this situation.

    CA license + Home terminal in CA = Comply with CA
    CA license + Home terminal out of California = Comply with CA
    Live in CA / Address in CA where you received mail = Comply with CA

    Out of state license + Home terminal in CA = exempt from CA
    Out of state license + Home terminal out of CA = exempt from CA

    If you hold a license or live in CA, you have to follow CA labor law both interstate or intrastate drivers. I even asked on how to waive the breaks; They told me the company must
    have a contract waiving the breaks but you must be compensated for on-duty not driving duties. It can't be verbal. I contacted 2 companies regarding work in California and pay rate.

    Schneider (OTR Position)
    .31cpm
    $11 on duty not driving

    Interstate Distributor (Western 11 Regional)
    .39cpm
    $10.50 on duty no driving

    A lot of trucking lawsuits in California are mostly on breaks and on-duty tasks. Last thing I heard XPO Logistics paid out $1 million dollars to 4 owner operators for labor violations.
     
    ThisMug, Jun 13, 2017
    ThisMug, Jun 13, 2017
    #16
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  9. Jul 12, 2017 #17
    BigPerm

    BigPerm Medium Load Member

    511
    304
    Sep 4, 2012
    Fron Calif, NM, NV, & now TX.
    0
    Yeah but California considers itself its own Republic. Screw federal law. Ever try aging with a CHP Commercial. Good lick.
     
    BigPerm, Jul 12, 2017
    BigPerm, Jul 12, 2017
    #17
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  10. Jul 12, 2017 #18
    aussiejosh

    aussiejosh Road Train Member

    4,657
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    Aug 28, 2009
    Airlie Beach QLd
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    Why can't they just make one uniform rule or law that covers the whole country that way there'd be no confusion on the matter.
     
    aussiejosh, Jul 12, 2017
    aussiejosh, Jul 12, 2017
    #18
  11. Jul 12, 2017 #19
    kimbosa

    kimbosa Medium Load Member

    524
    351
    Jul 4, 2011
    lufkin texas
    0
    I was reading on overdrive news this morning. And they say that congress a the Senate will vote on doing away with this 30 min. Break!
     
    kimbosa, Jul 12, 2017
    kimbosa, Jul 12, 2017
    #19
  12. Jul 12, 2017 #20
    Trucker Darrisaw

    Trucker Darrisaw Light Load Member

    77
    58
    Jul 10, 2017
    0
    The DOT officer is correct. IF your Home of Record is California and or the Business Enity does have its HQ there, then you must comply. Tell your boss that he is wrong and you should be paid. I'd file a report with the labor dept 1st just in case they get slick and try to get rid of you. That way you'd have the on not complying with California law and the bigger one on if they tried to come after you
     
    Trucker Darrisaw, Jul 12, 2017
    Trucker Darrisaw, Jul 12, 2017
    #20
    ThisMug Thanks this.
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