Pay for all work done

[jonp]

I just started hearing an add on Sirius from a law-firm advertising for drivers who have not been paid for all waiting time which I take to include the standard 2 hrs unloading/loading also from IC's who are classified that so the company doesn't have to pay benefits (fed-ex comes to mind).

I remember the thread on the driver in Washington that sued for this. Any thoughts? think this will fly nationwide?

[GMAN]

If this does move nationwide I would not be surprised that in order to get a job in this business you will need to bring or buy your own truck. That way carriers don't have to pay you for sitting. Everyone will be considered an independent contractor or self employed. This is a dumb move for a lawyer who is only interested in shaking down another carrier or carriers. It is also very short sighted for drivers to fall for this scam. This industry can't afford to pay drivers to sit unless they are compensated by the shippers. Margins are already thin and rates are low. If they are successful in a lawsuit I expect to see more carriers go out of business and/or file bankruptcy. I remember an old adage that states that "You don't get something for nothing." Several of these union carriers are in serious trouble. Some pay hourly for all time. The market simply will not bear any higher costs. It is like Obama forcing U.S. businesses to pay for health insurance for all their employees. It will result in fewer jobs that pay less. If carriers are forced to pay drivers for every minute they spend in a truck then you can expect wages to dip. You win the battle but lose the war. The best way to increase your compensation as a driver is to increase productivity and experience. In most cases, your pay will increase as you gain more experience.

[ironeagle_2006]

What GMAN are you one of those people that think being forced to burn your 14 while your prayiong for a door at a Produce house to get loaded is FUN. Or when you get to your customer after fighting to get loaded then being shook down for 100-300 to unload produce or frozen foods the Customer ORDERED and doesn't want to have to pay a worker a decent wage along with benefits and be forced to count LUMPERS AS EMPLOYEES becuase if they did the Unions at most places would have a FIT.

[GMAN]

What GMAN are you one of those people that think being forced to burn your 14 while your prayiong for a door at a Produce house to get loaded is FUN. Or when you get to your customer after fighting to get loaded then being shook down for 100-300 to unload produce or frozen foods the Customer ORDERED and doesn't want to have to pay a worker a decent wage along with benefits and be forced to count LUMPERS AS EMPLOYEES becuase if they did the Unions at most places would have a FIT.

What is prayiong? Do you mean praying? There is a spell check on this forum. Before you start into a tirade you may want to consider checking your spelling so that the other person can understand what you are saying.

I never said anything about burning up your 14 hour clock. I think that carriers should start charging warehouses to sit. Some do. If they collect detention from a warehouse then they should compensate the driver for sitting.

I thing what some of these warehouses and produce facilities do is criminal. I have ALWAYS felt that it was wrong for a carrier to be forced to pay a shipper to unload their own products. I also think it is wrong for a carrier to pay a lumper $200-300 to unload a truck but only pay a driver $40. If a driver has to unload his own truck then I think he should be paid the same as a lumper.

I don't like dealing with lumpers and I don't want to deal with grocery warehouses. So, I don't pull a reefer.

[nightrider76]

IF the lawyer was to win the suit....I would venture to say , Yes O/O will become a quick dying breed. And ALL companies will require teams. And there will probably be some stiff action to rechange the HOS laws to "abide" shippers / carriers. THe end result......driver gets screwed again.

[jonp]

What is prayiong? Do you mean praying? There is a spell check on this forum. Before you start into a tirade you may want to consider checking your spelling so that the other person can understand what you are saying.

I never said anything about burning up your 14 hour clock. I think that carriers should start charging warehouses to sit. Some do. If they collect detention from a warehouse then they should compensate the driver for sitting.

I thing what some of these warehouses and produce facilities do is criminal. I have ALWAYS felt that it was wrong for a carrier to be forced to pay a shipper to unload their own products. I also think it is wrong for a carrier to pay a lumper $200-300 to unload a truck but only pay a driver $40. If a driver has to unload his own truck then I think he should be paid the same as a lumper.

I don't like dealing with lumpers and I don't want to deal with grocery warehouses. So, I don't pull a reefer.

I've always thought that it was wrong for companies to pay lumpers $200 to unload but pay drivers 30 or 40. I can only think its a tax deal but can't understand the logic. You could deduct unloading if either does it I would think. I remember working at Swift and unloading at places. If the lumper wanted $150 to unload I'd call my boss for the ok and tell him I'd do it for $100 and I was never refused. Made much extra money that way. $50/hour is pretty good money in my book. JB Hunt was famous for this. They paid so little to unload, something like $20 and $1/1,000lbs that no driver in his right mind would touch the frieght. They had no problem paying lumpers $200 or $300 to do it.

[LightsChromeHorsepower]

What is prayiong? Do you mean praying? There is a spell check on this forum. Before you start into a tirade you may want to consider checking your spelling so that the other person can understand what you are saying.

I never said anything about burning up your 14 hour clock. I think that carriers should start charging warehouses to sit. Some do. If they collect detention from a warehouse then they should compensate the driver for sitting.

I thing what some of these warehouses and produce facilities do is criminal. I have ALWAYS felt that it was wrong for a carrier to be forced to pay a shipper to unload their own products. I also think it is wrong for a carrier to pay a lumper $200-300 to unload a truck but only pay a driver $40. If a driver has to unload his own truck then I think he should be paid the same as a lumper.

I don't like dealing with lumpers and I don't want to deal with grocery warehouses. So, I don't pull a reefer.

If you're going to use your position as a moderator to become a spelling Nazi, please enforce it equitably throughout the board.

Otherwise I agree with you.

I also think the law firm in question may not know the law. Federal law makes truckdrivers exempt from overtime pay. Our entire economy is based on cheap food & cheap transportation. You can count on the govt. to do whatever is needed to ensure we have them.

Two good books on the subject- Trucking Country and Sweatshops on Wheels. You can find them both on Amazon.

[GMAN]

If you're going to use your position as a moderator to become a spelling Nazi, please enforce it equitably throughout the board.

Otherwise I agree with you.


I usually don't say anything about spelling, but the question was directed at me and I like to be clear on a question when asked. There is a spell check on the forum.


I also think the law firm in question may not know the law. Federal law makes truck drivers exempt from overtime pay. Our entire economy is based on cheap food & cheap transportation. You can count on the govt. to do whatever is needed to ensure we have them.

Two good books on the subject- Trucking Country and Sweatshops on Wheels. You can find them both on Amazon.

What this law firm is likely wanting to do is get the trucking company to either settle or perhaps get a judgment which will set a precedent. That would open the door to other cases. There was a judgment given to a trucking company in Washington (I believe) not too long ago. I am surprised that they were successful given federal law. I would think that it would be struck down on appeal.