Comply or not to Comply with California Law

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

  1. x1Heavy

    x1Heavy Road Train Member

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    California should stop wagging the National Tractor. Or find itself sold off to Phillphines or something.
     
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  3. scottied67

    scottied67 Road Train Member

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    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.
     
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  4. STexan

    STexan Road Train Member

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  5. Ridgeline

    Ridgeline Road Train Member

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    NO they don't in this case, the state can have a stronger regulation or law.
     
  6. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

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    In a van down by the River.
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    Ok.
     
  7. ThisMug

    ThisMug Bobtail Member

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    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.
     
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  8. BigPerm

    BigPerm Medium Load Member

    Yeah but California considers itself its own Republic. Screw federal law. Ever try aging with a CHP Commercial. Good lick.
     
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  9. aussiejosh

    aussiejosh Road Train Member

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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.
     
  10. kimbosa

    kimbosa Medium Load Member

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    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!
     
  11. Trucker Darrisaw

    Trucker Darrisaw Light Load Member

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    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
     
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