Hours cut due to a safety related issue.

Discussion in 'Questions From New Drivers' started by mjv2744, Mar 3, 2024.

  1. mjv2744

    mjv2744 Light Load Member

    Oct 2, 2021
    Was not sure where to post this so figured this may work. If there is a better place please point me in the right direction. Also not a new driver but a new one for me.

    anyhow on to the question

    a buddy of mine works for a trucking company (I own mine) his hours were cut due to an issue with his truck. He showed up as scheduled and is paid hourly not by the mile. He is also W2. I recall something about a rule that if it is a safety thing that is considered retaliation and he would be due the hours he would have worked.
    Did I dream this or is there such a rule and if so can you give me the details etc.
    Much appreciated in advance.
    Flat Earth Trucker Thanks this.
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  3. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

    Dec 11, 2010
    West Monroe, La
    I don't think there is a case here based on the limited info you gave. If you break a rule or cause damage etc, etc, you can be disciplined.
    There may be a difference... a fine line here, but IMO, its no different from being suspended for 3 days etc. He was given less work/hours/pay due to damage/safety whatever the situation was.

    Just FYI, my response was basic... just as your statement was. I'm not being rude, but without knowing the details... its just a basic response/opinion.

    Boils down to disciplinary action...

    Note: dont confuse this with coercion 390.6. That's a different thing.

    201 and Flat Earth Trucker Thank this.
  4. tarmadilo

    tarmadilo Road Train Member

    Dec 12, 2018
    Was it a safety issue caused by the driver, or was it a safety issue reported by the driver? In other words, is the driver being punished for reporting an issue?
  5. mjv2744

    mjv2744 Light Load Member

    Oct 2, 2021
    Sorry I was not clear. It was a safety issue with his truck. The oil seal on a front job went out the day before. They said it would be fixed by the morning.
    tarmadilo Thanks this.
  6. mjv2744

    mjv2744 Light Load Member

    Oct 2, 2021

    Sorry yes it was the truck had an issue. I did not think of a safety issue with him. It was a part failed on the truck.
  7. 201

    201 Road Train Member

    Apr 16, 2014
    high plains colorado
    Boy, that's a noodle scratcher. There's a lot of info on a company driver having hours cut for refusal to drive unsafe equipment, but seem O/Os fall through the cracks. I would think adequate time to repair the issue should be in order, and I'd tell them to cram it with walnuts and find another company. I'd say, and I did tell the guy I was leased to with my truck this, you want to be that picky, get your own trucks.
  8. SmallPackage

    SmallPackage Road Train Member

    Dec 20, 2019
    Marion Texas
    If he’s getting paid by the hr. then that usually means if there is no work to do then you clock out and go home. No retaliation just business. No employer wants to pay you to sit around doing nothing on the clock unless you are salary.
    The job I’ve been doing has been hourly for 32 years. Back when I was driving for them when we were not in the truck and back at warehouse if there was nothing to do to stay busy we clocked out and went home. If the truck was in the shop we used vacation days and stayed and played at home. Guaranteed 50 hrs a week as long as we stayed busy driving or warehouse duty.
  9. Ex-Trucker Alex

    Ex-Trucker Alex Medium Load Member

    Jan 7, 2023
    Regardless of whether he's a company driver or an O/O, this company sounds like it's showing their true colors. Probably is a good time to consider looking elsewhere. Lots of little crappy companies like this out there.....
    silverspur Thanks this.
  10. Long FLD

    Long FLD Road Train Member

    Mar 4, 2015
    I’m not following the story. It seems like a wheel seal went out and he didn’t work because of it. That’s not retaliation, that’s not getting paid because your truck is in the shop.
    drh72, tscottme, gentleroger and 2 others Thank this.
  11. GoneButNotForgotten

    GoneButNotForgotten Heavy Load Member

    Dec 30, 2009
    Roxboro, N.C.
    Seems to me to be the same situation as most of the guys that work outside construction. A heavy rain everyone goes home and pay is stopped.
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