U.S. Xpress Strikes Again!!

Why is it legal for companies not to have to pay a driver for any time he is away from home in the "company truck"? From a labor board perspective there must be rules that allow it but I have often wondered how this is possible. My spouse is one of those that gets paid by the mile only so when he sits he gets nothing yet he can't be home to wait for the next load.

Does anyone know the specifics of the law that governs the allowance for companies to do this? Just curious.

 

I would not have accepted it, they can't force you to resign, If you were hired as a single driver, they can't change that in the middle, they would have to fire you, which is illegal, and rehire you as a team driver. would definately report them to the labor board, and then go and collect unenployment.

 

They most certainly can. Now since unemployment is not federal but state funded the laws may be different in some areas. But you can bet if they offer to keep you on as a team driver versus a solo and you do not accept then you will be quiting in most places.

Why you say? Because you would still be doing the primary job you where originally hired to do which was to drive a truck.

Now if they came and said you had to become a mechanic or quit, then you would have a case with L&I but not in this case.

Drivers need to also remember that when you work as a OTR driver that you are not covered under the fair labor standards act like other workers and that you may be subject to some of the labor laws in the jurisdiction of the home office of the carrier you work for, not your home state.

 

The company can fire you for any reason and it is not illegal for them to fire you as most states are right to work states.

Well I disagree with you blue if you are hired as a solo driver they can not force you to team or you will be quitting.

They can not say that you quit for refusing to go team you have an agreement with the company that you will drive solo if they do not offer solo driving anylonger they are infact doing away with your job in which is essentally firing the driver.

You can not change the agreement unless both parties have a meeting of minds ie agree to do the new terms.

The driver in no way has to accept the new terms.

Go see an attorney he will tell you the same thing I have researched contract laws and that is what you are in fact doing when you decide to drive for a company you are entering into a legal binding contract with each other you will do X for y.

 

Hey there MGASSEL -

You are correct. Every employment is essentially a contract, whether terms are implied or expressed. However, generally it is the potential employee who "requests" to be employed in a certain capacity when filling out the application. At best, that is not an agreement on the behalf of the company to employ the applicant in ONLY that role. And typically that is as far as that can be argued. I will say though that if one is working for a company that specifically produced a contract stating that the employee was hired ONLY to be a Solo Driver, then that argument has teeth.

Very simply in response to the employee's displeasure, the company can continue to employ a driver, and let that employee sit until a "solo driver load" becomes available, hence making the employee go broke. And the company could keep a few "solo loads" moving just to say, "Oh yeah, we still have loads for solo drivers, just not as many as we used to.". I am sure you can see the eventual outcome here.

For what it is worth, find out if they ARE running solo trucks in another area and ask if you can get shifted over to that region (without having to move). And if that is not possible, either suck it up and team up, OR find a greener pasture. But don't let them drive you into the ground and slow you up from making money. The bills are still going to come.....

 

Sorry but if you are a solo driver you are driving a truck. If you are a team driver you are driving a truck. There is no difference between the 2 in as much as they both require the same qualifications. A class A CDL. If you are offered a job at a company with the same qualifications and job requirements which would be to pu and del freight, then you can't say you where laid off due to no work. As long as the new position is commensurate with the old, you have a job.

USX is at will employment. There is no collective bargaining agreement and refusing similar work is quiting.

Your right, the driver does not have to accept the new job. But the terms are the same, which is to drive a CMV in a OTR operation

Sorry, but unless you are working as a independent contractor for USX you have no contract nor does your employment have the narrow scope you suggest. The company is free to offer you as a employee parallel employment in any of their OTR driving functions.

 

The only thing USX promises is that you will be driving a CMV in a OTR operation. I know of no state that would pay you benefits because you refused gainful employment from your employer in the same field of endeavor.

 

not only are they forcing drivers to team or quit,but their also firing drivers if they live in certain areas,like solos in so.florida ,then telling driver thats the reason.then make up bogus untruths to put on dacs to keep from paying unemployment,but also makes it impossible for driver to get another job.it seems all they care about is avoiding paying unemployment!anyway they can.

 

Not saying it is right,but if they offer you gainful employment,such as driving in a team operation,I think they would win out in court,or before the NLRB.

 

i wonder why they didn't offer to switch the Fl solo's to arnold? maybe they are gonna give their SE freight to us? we run ALOT of Ga and FL.