Entitled to more overtime and holiday pay

Discussion in 'Canadian Truckers Forum' started by OnwardJoe, Aug 12, 2014.

  1. OnwardJoe

    OnwardJoe Bobtail Member

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    Aug 12, 2014
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    Thanks upnorth, I've been looking over that website quite a bit today!
     
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  3. Tam_Tam

    Tam_Tam Light Load Member

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    Let us know how this goes.
    There's things I never went after with the government but fought with the company on before. It got pretty hard to follow through, companies don't like this 'labour-educated driver' creature.
     
  4. upnorthwpg

    upnorthwpg Road Train Member

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    It's a no brainer. If you have your paystubs and logs, you will get paid. 99 percent of the companies don't pay, because drivers are sheep and don't want to bring it up. As long as you have a plan b, you will be ok. Once they fire you, go after them for double severance as well.
     
  5. Tam_Tam

    Tam_Tam Light Load Member

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    Mar 19, 2012
    Edmonton, Alberta
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    It should be straight-forward like you're saying. You must have a better go of it in MB as apposed to AB. Get the other job in place first, ya, because any references to 'verify your experience' can turn into a black ball session, believe it.
     
  6. gokiddogo

    gokiddogo Road Train Member

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    Thought truck drivers were under some sort of law that didn't require paying some form of overtime ... especially if they are paid by the mile ... Also were not required to pay extra for holidays either ... just that additional 4% of gross revenue for vacation pay was all I thought ...
     
  7. upnorthwpg

    upnorthwpg Road Train Member

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    Click on the link I posted above.
     
  8. gokiddogo

    gokiddogo Road Train Member

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    I did -
    How do you determine how many hours a driver paid by the mile worked? What rate do you pay him for "overtime" ? Also - how do you determine the start and end points of a "week" when trucking never stops?
     
  9. OnwardJoe

    OnwardJoe Bobtail Member

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    Aug 12, 2014
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    Those are the exact questions I have.

    I figure to determine hours overtime - add up all on duty and driving time for a 7 day period from your logs. Total time on duty + driving should not be more than 60 hours, if it is, then it's over time.

    As far as determining how much to get paid, the woman from the labour board told me that everything can be tracked back and converted into an hourly wage. She didn't fully explain how but she is sending me some booklet or something that should explain. My best assumption is to take all the miles driven for that same 7 day period, times it by my mileage rate which will give me my gross pay for that week. Take that number, divide by the total hours worked, that will give me an hourly wage. Use that wage, plus time and a half and that will be my OT for that week.

    Since I am paid bi-weekly, I'm using the 7 day period at the start of my pay week to figure out what I should be paid. I'm not positive if that's right, Im waiting to get the booklet she's sending me, but to me it makes sense; If my paystub shows I was paid x amount of dollars for this 2 week period, I need to prove that I should've been paid more for that same period of time.
     
  10. OnwardJoe

    OnwardJoe Bobtail Member

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    Aug 12, 2014
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    The only difference with our overtime law is that we have to work more hours to be eligible for any OT. Watch your vacation pay too; you are entitled to 4% gross pay for vacation for the first 6 years. After 6 years, they are supposed to be paying you 6%.

    Here's the part of the labour website that explains general holiday pay:
     
  11. OnwardJoe

    OnwardJoe Bobtail Member

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    Aug 12, 2014
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    What was your experience in AB? How is the law different in other provinces if it's all fed. regulated?
    Problem is, I don't have all my paystubs. Labour board said they will get them though if they need to. Company is supposed to keep payroll records for 3 years.
     
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