New law amemdment companies don't pay detention?

Discussion in 'Experienced Truckers' Advice' started by smokey12, Apr 22, 2018.

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  2. smokey12

    smokey12 Road Train Member

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    This is up for a revote April 28th 2018
     
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  3. 06driver

    06driver Road Train Member

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    It is to prevent frivolous lawsuits like the one in California. Not sure it will pass. However lawsuits like that one will just restructure driver pay, or cause an outright ban on hiring inside certain states.

    Ultimately it will be up to the driver to demand what pay he requires, just as it is now.
     
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  4. smokey12

    smokey12 Road Train Member

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    Yes it's been attempted since 2015, this year they feel more confident.
     
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  5. x1Heavy

    x1Heavy Road Train Member

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    Im not sure if there is any reason to pursue this. Drivers like myself will have to dig up the employment records and show that time worked from hire to fire or quit. In short, I don't expect anything extra in this type of action.

    Even if you could rule it in the drivers favor, the companies do not exist anymore. There is literally nothing left to pay from.

    I know there is a awful lot of money involved when a carrier gets paid 2.40 or whatever per mile and the driver only gets .35 or whatever 30 years ago to do the load. There are also other exemptions to overtime because we work 70 hour weeks rather than just 40 and so on.

    There is probably much more to this. But for myself personally, I don't see any point in tossing my hat into the ring. There is no money in it.

    Proving that I did do this work in any given employed year via tax returns and wages reported to social security etc going back to highschool when I earned 3.35 a hour part time entering books into the Frederick County Library system several hours a day after half day in school. That was a pretty good job as far as work goes, but it's not trucking related. That did not start until I became 21.
     
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  6. smokey12

    smokey12 Road Train Member

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    Am I reading something wrong here? If this amendment passes does.it mean companies are not obligated to pay detention if you sit somewhere with a load for say 12 hours?
     
  7. x1Heavy

    x1Heavy Road Train Member

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    I thought so too.

    If you did sit somewhere 12 hours waiting on a load there is something structurally wrong with the trucking.

    Ive solved the problem by moving away from the kinds of shippers and customers who think it's ok to sit 12 hours and do nothing. It's ok to destroy a preplanned loading or whatever else you may have made with someone else for that truck. And so on.

    Half the legislation is hard to read anyway and I think it's too early in the process to go one way or the other.

    I remember many times the carrier (Boss) getting detention and nothing for the driver doing the actual waiting with the risk of having to drive all night to make up for it while tired from that waiting.
     
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  8. diesel drinker

    diesel drinker Road Train Member

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    Are they obligated now? Bottom line is ,It's up to you whether or not you decide to sit.
     
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  9. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Another big push by our freinds at the ATA. Needs to get shot down.
     
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