I'm thinking based on research this isn't legal

Discussion in 'Trucker Legal Advice' started by drivingmissdaisy, Feb 29, 2020.

  1. G13Tomcat

    G13Tomcat Road Train Member

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    Even if that was the closest/safest place?!?! Go ten MORE miles out of route to hit a rest area? To me, this is a gray area...and I agree to disagree.

    I'm blessed that my home is on my WAY to the yard, as I almost always run my long runs NORTH of home/yard. I PC home with no issues, even had a level one last year shortly after, and was good to go. Got my happy sticker.
     
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  3. G13Tomcat

    G13Tomcat Road Train Member

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    Fine minds think alike; read above ~! ^^^ :)

    Until tomorrow, peeps.
    Tomcat.
     
  4. dibstr

    dibstr Road Train Member

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    If the movement from a shipper or receiver to a terminal is the nearest safe resting area the movement may be identified as personal conveyance. Additionally the driver has to have been relieved from work and all responsibility for performing work by the motor carrier. Apparently and obviously this wasn’t done in the OPs case.
     
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  5. G13Tomcat

    G13Tomcat Road Train Member

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    Devil's always in the details.. yes, it is sketchy how he presented it. When I drop my last load and drag the empty home, I'm good for PC because I have NO CLUE where tomorrow might send me.

    Something's odd how they did him, anyway!
    Be safe, driver.
    GN, Tomcat.
     
  6. x1Heavy

    x1Heavy Road Train Member

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    I don't really care if the truck was here or there or whatever. The problem is the poobahs and suits took money out of the drivers pay because some kind of company's internal policy is violated. Thats not legal. Period. I don't care what the violation is.

    I was late on one of Dowdy's more valued shippers once in Texas and it worked out badly all around. The shipper fined him I think 400 dollars off the top for being late. That hurt him a little bit. Should he have taken the 400 out of my pay? Not legally. However if the option was open I would have split it with him as a gesture for taking a little bit of burn for being late then. But we did not talk about that at all. Its water under the bridge. I think that particular shipper finally left Little Rock for economic reasons but in those days it was a important one.
     
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  7. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    And what's really funny is they tried to justify it by saying "If the DOT would audit us there is a very good chance we would get fined for this."

    Well if you want to get money out of someone in a court of law you have to show evidence of real damages. You can't say "If something happened, I would have damages" and then sue for those. What would stop the company from saying "If you would wreck our truck we would be out 100 grand" and dock you 100 grand over 5 years? I mean where does this stop?

    But them taking my money has nothing to do with a lawsuit. They decide if its a violation and if they do, they garnish wages. Well I already have a call into the local department of Labor hours and wage division.
     
  8. dibstr

    dibstr Road Train Member

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    They can’t justify that which they are not legally entitled to do. They are legally entitled to withhold only what the law states they have to withhold such as FICA, Medicare, taxes etc unless the employee gives permission to withhold. They cannot withhold money from pay as punishment.
     
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  9. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Whether not not the rules of PC were violated, is really irrelevant as far as I'm concerned. The issue here is the fine. I don't care if the op blatantly violated the HOS, the company's action in assessing the fine is illegal. I hope the op can get with the state labor board and get the company to refund all fines paid. It seems that they are just using this as a revenue source.
    Time for the op to find a new company to work for.
     
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  10. BUMBACLADWAR

    BUMBACLADWAR Road Train Member

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    Well, they "can" try to do Almost "whatever they want", if You Agree to it. May trucking was charging drivers for "idle time" out of their check.Might still? We had a "crash test dummy" driver that was "crinckling steps",hitting gates,taking out mirrors etc. They kept him on...Just layed the busted parts out by office "for Everyone to See" and took about $500 a month out of his checks ! He was as "dumb as 2 bricks" and AGREED to this. Had another 1k going out for child support.Just happy to be able to pay (or go to Jail). Some months he netted 4 or 5 hundred profit. Some months "broke even". Some months "owed them a couple hundreed". But,hey...He Agreed to it. Lol
     
  11. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    I couldn't agree with you more. And I already contacted the Department of Labor in the local city. But its the weekend nothing can really happen right now.
     
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