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Thread: DOT protected lunch/breaks?

  1. #21
    geeshock's Avatar
    geeshock is offline Senior Board Member
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    No federal requirements to take a lunch or 15 minute break. It's a mater of if you can find the time. There are many days I've started at 5 or 6 am and not eaten till after 8 pm.

  2. #22
    Dawn is offline Board Regular
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    Quote Originally Posted by geeshock
    No federal requirements to take a lunch or 15 minute break. It's a mater of if you can find the time. There are many days I've started at 5 or 6 am and not eaten till after 8 pm.
    I am sure you are right, but now he has me thinking are we breaking labor law? Someone assure me the answer is no! WEll now I put logic in it, I would have to say the answer is no. An OTR driver can go 14 hours without a lunch break, so I don't see why a local driver has to take a break. SO ok I am happy with the answer NO they don't have to take a break.

  3. #23
    silvan's Avatar
    silvan is offline Senior Board Member
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    Quote Originally Posted by Dawn
    I am sure you are right, but now he has me thinking are we breaking labor law? Someone assure me the answer is no!
    In the US, we're Fair Labor Standards Act exempt. We have fewer rights as workers than people slinging out burritos at Taco Bell. No federal guarantee of pay, no federal guarantee of time off, no federal limit on the numbers we can work in a row without stopping. The only limits are on driving, but even there, nothing guarantees any pay whatsoever for anything. This is all just as true working for the local Ready Mix place as it is OTR too.

    I've even seen job postings for offices positions with trucking companies that listed them as "FLSA-exempt." The FLSA-Exempt Seal of Quality is your Guarantee of no guarantees whatsoever.

    Grab your ankles please.

  4. #24
    Fredog's Avatar
    Fredog is offline Senior Board Member
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    it does you no good to under the new laws to log lunch and breaks as off duty, it still counts against your clock, this was done so you would have to keep driving instead of stopping, and as we all know, driving longer and then taking a longer break makes you a much safer and more rested driver, that's what the government told me, if they would make it where I could drive 24 hours and then take sleep 24 hours. I would be really rested.

  5. #25
    Dawn is offline Board Regular
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    Quote Originally Posted by silvan
    Quote Originally Posted by Dawn
    I am sure you are right, but now he has me thinking are we breaking labor law? Someone assure me the answer is no!
    In the US, we're Fair Labor Standards Act exempt. We have fewer rights as workers than people slinging out burritos at Taco Bell. No federal guarantee of pay, no federal guarantee of time off, no federal limit on the numbers we can work in a row without stopping. The only limits are on driving, but even there, nothing guarantees any pay whatsoever for anything. This is all just as true working for the local Ready Mix place as it is OTR too.

    I've even seen job postings for offices positions with trucking companies that listed them as "FLSA-exempt." The FLSA-Exempt Seal of Quality is your Guarantee of no guarantees whatsoever.

    Grab your ankles please.
    I forget why local drivers don't get paid time in a half?

    Ok I feel better. I know we usually check everything out, but I had my auditor pro that I let handle all the time card issues and she just did the job right .

  6. #26
    Fozzy is offline Senior Board Member
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    Quote Originally Posted by Dawn
    Quote Originally Posted by silvan
    Quote Originally Posted by Dawn
    I am sure you are right, but now he has me thinking are we breaking labor law? Someone assure me the answer is no!
    In the US, we're Fair Labor Standards Act exempt. We have fewer rights as workers than people slinging out burritos at Taco Bell. No federal guarantee of pay, no federal guarantee of time off, no federal limit on the numbers we can work in a row without stopping. The only limits are on driving, but even there, nothing guarantees any pay whatsoever for anything. This is all just as true working for the local Ready Mix place as it is OTR too.

    I've even seen job postings for offices positions with trucking companies that listed them as "FLSA-exempt." The FLSA-Exempt Seal of Quality is your Guarantee of no guarantees whatsoever.

    Grab your ankles please.
    I forget why local drivers don't get paid time in a half?

    Ok I feel better. I know we usually check everything out, but I had my auditor pro that I let handle all the time card issues and she just did the job right .
    Because they dont have too...

  7. #27
    chapchap70 is offline Member
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    I forget why local drivers don't get paid time in a half?

    Local drivers only have to be paid time and a half by law if the truck and the freight stays within the state the driver is in. If the freight is transferred to another vehicle and the final destination is a state other than the driver is working in, the exemption kicks in.

    That is what I was told by a wage and hour person.

  8. #28
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    Jackrabbit379 is offline Board Icon
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    I'm a local, and I get paid time and a half. Anything over 40 is time and a half.

  9. #29
    Dawn is offline Board Regular
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    Quote Originally Posted by Jackrabbit379
    I'm a local, and I get paid time and a half. Anything over 40 is time and a half.
    You are lucky then, unless they changed the rules where we work our drivers don't get time in a half. You might be union? I guess it's up to the state you live in also and or company.
    To me you should be paid for time in a half :!:

  10. #30
    Jackrabbit379's Avatar
    Jackrabbit379 is offline Board Icon
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    We get paid by the hour. We dont get paid milage. We go by DOT Regulations, and all that, but they still pay time and a half over 40.

  11. #31
    silvan's Avatar
    silvan is offline Senior Board Member
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    Quote Originally Posted by Fozzy
    Because they dont have too...
    Right. That's the whole point. Some local drivers do get paid time and a half, but it's entirely up to the employer. There's nothing compelling them to pay you anything.

    The local ready mix place does this on a two-week cycle. Anything over 80 hours in a pay period is overtime. That way they can work you in 70/10 or 60/20 cycles without paying overtime.

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