SCOTUS rules in truckers favor, must pay for loading and unloading time

Discussion in 'Trucking Industry Regulations' started by drivingmissdaisy, Jul 24, 2020.

  1. rachi

    rachi Road Train Member

    4,246
    5,225
    Feb 25, 2010
    SoCal
    0
    Thats right, after checking in at a shipper or re
    OTR is best suited for the 'loner type' Imo. Now when I first started out My wife rode with me the first 4 years and that was alot of fun and adventure. But when she eventually got off the truck it wasn't the same anymore and I was always in a hurry to get back home again.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. ExOTR

    ExOTR Windshield Chipper Extraordinaire

    1,707
    1,893
    Jan 23, 2013
    Fort Worth, Tx
    0
    I know some guys that would ok with logging all dock time on line 4, eventually you get tired of 80+ hour weeks.
     
    D.Tibbitt and rachi Thank this.
  4. drivingmissdaisy

    drivingmissdaisy Road Train Member

    1,330
    2,276
    Jun 10, 2019
    0
    Nowhere in the SCOTUS ruling does it say that all of this time must be logged as on duty time. In fact the ruling states that basically, if you can't leave and go home, you're working for the company. Just like no company can hold a secretary at the office without pay, now we are the same as her (without the pretty legs of course.) Whether or not you wish to log it as on duty time is based on how you interpret HOS, which was not affected at all by this ruling.

    Also, getting loaded and unloaded is a natural part of being a truck driver that hauls frieght, thus we should be paid for it. No, you can't go home if you live in Florida and are stuck at a truck stop in Michigan, but being stopped you can walk away from the truck in theory. At shippers and receivers you are still stuck with that vehicle.
     
    Last edited: Jul 25, 2020
    D.Tibbitt and TokyoJoe Thank this.
  5. sirhwy

    sirhwy Medium Load Member

    347
    707
    Sep 1, 2011
    Central Iowa
    0
    I log the actual time I spend dealing with the shipper or receiver, backing into dock, etc. the rest of the time is logged as sleeper berth, because when I am not actively in the office dealing with receiver/shipper, or on the dock, I am in the sleeper sleeping or pursuing other interests. I get paid by the quarter hour for all time in excess of 2 hours at customer, regardless of the log. I am paid $25.00 per hour, which doesn’t hold a candle to mileage pay, but I figure I’m going to get the mileage anyway. No way am I going to burn my 70 n duty doing nothing. The big boys from FMCSA were on Dave Nemo one time and said to do just as I’ve described. The ELD wastes enough time as it is, no way am I going to waste even more over nit picking on the law. HOS rules are a nuisance, and I’m not going to log anymore than I have too.
     
  6. Aamcotrans

    Aamcotrans Road Train Member

    1,045
    1,802
    May 24, 2016
    Strasburg, Va
    0
    It’s easy in a box, for the most part you sit and wait. Try flatbed if you want to see what unpair work is
     
  7. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    9,966
    41,258
    Jan 13, 2013
    SW Arkansas
    0
    The FMCSA has repeatedly said that compensation has nothing do do with whether a driver is on or off duty. In fact they have said that whether a driver even gets paid is between them and their company.
    But would I log everything om duty? Of course not and the DOT knows it. Heck they could pull up to the line at a truck wash and hand out a bunch of HOS tickets. Or at the truck shops.
     
  8. TexasKGB

    TexasKGB Light Load Member

    296
    664
    Oct 15, 2019
    Fiddler's Green
    0
    How often did your company wash your personal vehicle?
     
    born&raisedintheusa Thanks this.
  9. TexasKGB

    TexasKGB Light Load Member

    296
    664
    Oct 15, 2019
    Fiddler's Green
    0
    Disagree. I work at the docks. The driving to and from isn't work.
     
    born&raisedintheusa Thanks this.
  10. drivingmissdaisy

    drivingmissdaisy Road Train Member

    1,330
    2,276
    Jun 10, 2019
    0
    Um never, what does that have to do with the price of tea in China?
     
    born&raisedintheusa Thanks this.
  11. Ridgeline

    Ridgeline Road Train Member

    20,659
    100,394
    Dec 18, 2011
    Michigan
    0
    I thought these cases at the SC level had to do with procedural moves, the case I read was about applying the federal arbitration laws instead of having the company dictate to the lease holder who handles it. The company followed the ruling of the arbiter to pay back pay, not the court.

    I wonder if many know there is an opportunity cost to this, if you are an owner and want to cry about these things, then there is less money to be made, not more when you are leased to these megas. It will filter down to the small and medium companies who don't want to deal with litigation.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.