Labor Law Question?????

Discussion in 'Trucker Legal Advice' started by Airlingus, Apr 6, 2009.

  1. Airlingus

    Airlingus Bobtail Member

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    Nov 7, 2008
    Jacksonville, Fl.
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    Hello,

    I work for a trucking company in Jacksonville, FL and it has always been said, not disclosed on paper, that the first hour is always for free when you arrive at a customer, for waiting. Where can I find the by-laws that for one, this is legal, and secondly, if they dispatch me 3 hours early to a customer(before they open)that free hour still applies. I have added it up over a 10 month period, it averages 12.25 hours a week. I worked it but get paid nothing for it. Please advise and thanks for all of the great information that I have obtained from this board in the past.

    Lingus:biggrin_25510:
     
    Last edited: Apr 6, 2009
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  3. Pur48Ted

    Pur48Ted Road Train Member

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    Jun 14, 2006
    Grand Rapids, MI
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    If "detention" isn't spelled out in detail in your employee manual, or other document supplied by your employer, you aren't gonna get it.

    Driver: Hey, they TOLD me I would get paid
    Company: We NEVER told him that
     
  4. Airlingus

    Airlingus Bobtail Member

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    Nov 7, 2008
    Jacksonville, Fl.
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    Even if we are paid by percentage and not by the mile, or does that have nothing to do with it. There has to be a labor law in regards to this.

    Thanks for your input
     
  5. RickG

    RickG Road Train Member

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    Owensboro , KY
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    If you are paid percentage the rate probably includes at least one hour wait time . Ask your management to explain how the percentage pay is calculated . There are no labor laws regarding this .
     
  6. Kabar

    Kabar Road Train Member

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    Nov 5, 2008
    Pell City Al
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    Nope, No law says they have to pay you a thing. No matter how long you set there.
     
  7. 07-379Pete

    07-379Pete Crusty Commando-Pete

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    Oct 3, 2008
    Campbellsville, Ky
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    Welcome to the wonderful world of trucking. If your company has a contract with a shipper detention time should be spelled out between them. Whit that being said the company that you work should have all ready told you how long you have to wait at said shipper before detention will be paid. As a rule for the companies that I have worked for in the past it has been after 2 hours, when I was pulling a tanker it was 4 hours. If your company is getting the loads thru a broker I would say they are not paying any detention at all or vary little. As to labor laws there are none, for if there were trucking companies would be forced to pay over time after 40 hours. Like it or not truckers like farmers are seen by the government as unskilled laborers thus we are not covered by any labor wage laws.
     
  8. grjmill

    grjmill Bobtail Member

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    Jun 24, 2008
    kansas city,mo.
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    So, what recourse do truckers have if a company doesn't pay them or charges them for repairs made to company trailers they pull?
     
  9. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    12,209
    Sep 17, 2006
    WY
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    1. nothing

    2. quit

    3. suck it up and be glad you have a yob in these times

    If that sounded harsh.......... thats the way truckin is.
     
  10. Pur48Ted

    Pur48Ted Road Train Member

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    Jun 14, 2006
    Grand Rapids, MI
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    Now, now.....be nice

    If you don't get paid, you should file a complaint thru your state's Wage and Hour Division of the Department of Labor.
    If your company charges you for repairs made to the trailer, this MAY be an illegal payroll deduction and you should file a complaint thru your state's Wage and Hour Division of the Department of Labor.
    MOST States have good Wage and Hour Laws, however, not all of them have adequate ENFORCEMENT laws, and you might have to collect the money yourself.
    For example, I previously sued two former employers in Michigan, WON and the State collected my pay.
    A past employer I had on the Gulf Coast working after the Hurricanes of 2005 refused to pay me the full amount required by HIS contract with FEMA. Louisiana has GOOD Labor Laws, but nothing that allows the State to to collect.
    I am currently suing this employer and go to TRIAL in June this year.
    GOOD NEWS: I will win
    BAD NEWS: HE pays my court costs.
    It would have been cheaper for him to pay me when I demanded the required pay, instead of firing me and telling me to screw myself.
     
  11. Airlingus

    Airlingus Bobtail Member

    10
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    Nov 7, 2008
    Jacksonville, Fl.
    0
    If you only have a local job does that fall under state law?
     
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