Hourly pay vs Elog

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by Fordmechanic, Jun 4, 2020.

  1. Fordmechanic

    Fordmechanic Bobtail Member

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    Question as per hourly pay using elogs.
    Working with a 70 hour 8 day schedule. Is there a FMCSA rule stating all paid / logged hours must be either on duty or driving.
    I can't find info pertaining to that. Could you go in sleeper berth to conserve your 70 and still get paid?
     
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  3. bryan21384

    bryan21384 Road Train Member

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    I would go off duty
     
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  4. Coffey

    Coffey Medium Load Member

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    I had a regional job that paid by the hour (we where also the lumper) the way they did it was they pay you for all time on duty and any time at a customers even if off-duty
     
  5. Coffey

    Coffey Medium Load Member

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    And I know the old timers there loved to brag about working over 100 hours a week and getting paid for it
     
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  6. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    The FMCSA does not care whether they pay you or you work for free. They have said as much many times. All they want out of the elds, and for that matter, paper logs, is that your HOS are accurately recorded. I have heard of companies that do pay off of the eld but that is not required by the feds
     
  7. not4hire

    not4hire Road Train Member

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    No there is not. The FMCSA regulations do not pertain to pay, only hours.

    Section § 395.2: Definitions.

    Question 1: A company told all of its drivers that it would no longer pay for driving from the last stop to home and that this time should not be shown on the time cards. Is it a violation of the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a Commercial Motor Vehicle (CMV) from the last stop to home and not show that time on the time cards?

    Guidance:
    The Federal Motor Carrier Safety Regulations (FMCSRs) do not address questions of pay. All the time spent operating a Commercial Motor Vehicle (CMV) for, or at the direction of, a motor carrier must be recorded as driving time.

    Question 10: How does compensation relate to on-duty time?

    Guidance:
    The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.
     
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  8. Redtwin

    Redtwin Road Train Member

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    Depends on the company. I used to be hourly paid and as a rule they only paid you for on duty or driving time. If you went off duty to take a DOT 30 min break, you were not paid for that time. On the other hand, if they asked you to come in outside of normal work schedule to attend a meeting or training etc they would pay your time even though you were off duty.
     
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  9. Hazmat Cat

    Hazmat Cat Medium Load Member

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    The hourly pay has nothing to do with the ELD, at least where I’m at. I get paid as long as I’m clocked in. Driving, breaks, sleeping, eating, meetings. It is 100% better than paid by mile. Home daily 99%. Unlimited hours available,

    ELD recorded hours for the week could be 25.
    Time clock recorded hours for the week could be 70 or 80 if you need cash.
     
  10. Mid-May Trucker

    Mid-May Trucker Road Train Member

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    Why would the fmcsa care how you get paid. Going off duty at shipper and getting paid is no different than going off duty and getting layover pay.
     
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  11. 88 Alpha

    88 Alpha Trucker Forum STAFF Staff Member

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    I get paid similarly to @Hazmat Cat .

    We are issued company phones and have a logging app and a clock-in/dispatch app. As long as I'm clocked in, I'm getting paid. I usually only run within 50 miles of the house and only 5 days/week, but my company has us on a regular 70 hours/8 day log. My highest week I logged 69 hours but was paid for 71.5 (the difference being I had to take my 30 min off-duty break every day).
     
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