Pushy Dispatcher threatens to fine me $600 is it legal?

Discussion in 'Experienced Truckers' Advice' started by jimbo33, May 29, 2024.

  1. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Thanks for proving me right.

    From your highlighted link:

    "But this may cause problems for someone who is exempt from overtime."

    Drivers are exempt from overtime.

    Mic drop.

    Like you said, this ain't going your way. Leave while you're behind. Don't let the door hit you in the ### on the way out.
     
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  3. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Only people who are exempt are salaried. Truck drivers are not salaried. We are also exempt from minimum wage. It stated plainly who was exempted.
     
  4. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    And what is a "workplace rule?" Not taking a load is not breaking any rules.

    You're also using laws that are up to the individual states. Some states ban ALL docking of pay, for any reason.

    https://www.findlaw.com/smallbusine... prohibit these,employee's pay for any reason.

    Thanks for playing.
     
  5. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Work place rules are spelled out in the employee handbook.


    Checkmate
     
    Feedman Thanks this.
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    And no handbook can make the illegal taking of ones money legal. Laws override handbooks. Some states ban all docking of pay, for any reason, period. How you people think your money belongs to your employer after you earn it, is beyond me.

    Checkmate 2.0
     
  7. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Is that a question or a statement? No hand book or something similar then no they can’t. With a handbook or similar. Then yes it’s legal. Does that mean that you concede that there are legal ways this could be done?
     
  8. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Absolutely not. From my link:

    Permissible Pay Docking
    The FLSA permits pay docking for exempt employees. Some examples include, but are not limited to:

    • Absences of one or more full days for personal reasons unrelated to sickness or accident.
    • Absences of one or more full days for sickness or disability if you have a benefit plan that covers these absences and the employee has exhausted their benefits.
    • To offset any amount received from jury duty, witness fees, or military pay. Note that beyond this, you can't deduct for these absences.
    • As a penalty in good faith for violating safety rules or company policy, all workers must be subject to the penalties. Employees must know of the penalties before they receive them.
    • For unpaid disciplinary suspensions of one or more full days imposed in good faith for violations of safety rules or company policies as above.
    • For intermittent unpaid leave under the Family and Medical Leave Act (FMLA). Alternatively, a salaried worker may convert to hourly under FMLA without losing their status.
    Thanks for playing. The OP obviously knew nothing of this policy, so taking his money under it is illegal. Refusing to take a load while on home time is not a violation of any policy of any handbook I've ever read.

    But no, taking their money for any reason is illegal. It's not their money to take.
     
  9. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Those are examples but not limited to. Says so plainly. And again what are you saying? Did you think that was the complete list? You really are grasping at straws aren’t you. Because you act like you won the argument but it states that I am right.
     
  10. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    No, you are. It even says:

    All deductions to an exempt employee's salary are in full-day increments. Employers cannot dock pay if the employee works any time of the day.

    Do you know what "docking pay" means? It means not paying someone for a day. Like if they don't work, you don't have to pay them. But it DOES NOT MEAN taking their money. You have to understand what they mean by "docking pay." They don't mean docking pay you already made. That's your money. NOWHERE DOES IT SAY YOU CAN BE FINED.
     
  11. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Again I think we are arguing two different things. But you seem stuck on the OP’s situation. As I have said. I don’t know if it’s legal or not. I don’t know what he/she has signed and/or agreed to. I have suspicions.

    I’m only arguing that there are cases where yes it could be legal.
     
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