DOT HOS vs L&I Meal and Rest Periods

Discussion in 'Trucker Legal Advice' started by plarmstrong, May 17, 2018.

  1. plarmstrong

    plarmstrong Bobtail Member

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    May 17, 2018
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    My employer is insistent that I follow L&I regulations (Washington State) regarding meal breaks. I've always operated under the assumption that I am bound to DOT regulations regarding breaks. Am I required to observe both sets of rules?
     
  2. Money-Mike

    Money-Mike Light Load Member

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    When I drove based in Cali we had to take our 30 minute lunch before the 6th hour of work started. The logs would say we had time and wouldnt violate, but we heard about it from the company side.
     
    bottomdumpin Thanks this.
  3. xsetra

    xsetra Road Train Member

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    Dot says a minimum 30 minute break after 8 hours on duty.
    You can take it whenever you want. 2,3,5.5 7 hour after starting.

    You should take your break when the boss says to take it. As long as it doesn't violate hos.
     
    inandoutoftrouble and brian991219 Thank this.
  4. buzzarddriver

    buzzarddriver Road Train Member

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    Your company or the state(Washington) in this case, can have more restrictive regulations than those required by the Feds. They just can't be less restrictive than he FEDS.
    However this usually only applies to Intrastate activities, not interstate.
     
    brian991219 Thanks this.
  5. dptrucker

    dptrucker Road Train Member

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    As long as your company doesn't break d.o.t. policy, then they can make any policies they want.
    If you don't follow the company policies, the company will fire you for not following company policy
     
    deathB4decaf Thanks this.
  6. truckersjustice

    truckersjustice Light Load Member

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    Follow both federal and state law unless there is a clear conflict.
     
  7. plarmstrong

    plarmstrong Bobtail Member

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    May 17, 2018
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    Thanks everyone. It makes sense now.
     
    deathB4decaf Thanks this.
  8. inandoutoftrouble

    inandoutoftrouble Road Train Member

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    This is true with any company, regardless of what line of work you are in.

    God bless every American and their families! God bless the U.S.A.!
     
  9. truckersjustice

    truckersjustice Light Load Member

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    But a policy that violates the law, such as one that requires HOS reg violation should not be followed. If you are fired, you have rights.
     
  10. Watchman63

    Watchman63 Bobtail Member

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    I used to work for Washington State DOC and was also involved with the union during that time. Washington employers can and do get ruled against for violating the L&I Meal and Rest Periods rule. It can end up costing them if they don't ensure that their employees take required breaks.
     
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