Owner withholding Paycheck until i give up My Logbooks... need help.
 

Well, after 16 months I asked for the raise I was due after 12. and right away the nitpicking started... we've been arguing over different things- most notably, He has insisted that I turn over the log books that I always save. He claims they are company property and he would withhold my paycheck until he got them. Well, this morning my paycheck didn't go thru Direct Deposit. and I didn't go to work. Sitting here with a lot of questions, and no money... I thought he'd grab the LAST check...this is the prior 2 weeks/w Overtime...and it's gonna hurt if I can't get the money. Should I just give up the logbooks? I called FMCSA, and they said there's no reason he needs my copies. Advice???

You mentioned direct deposit so that helps to show that you are an employee and not 1099. I would start by calling him and asking whats going on. I would follow that up with a call to your state labor board. It sounds like your now unemployed so I'd start looking cause this may take awhile. The only reason I can come up with for him to want your logs would be to cover his ass in an audit or something, kinda like your copy wouldn't match his copy. KEEP THE ORIGINALS!

Go make copies of your originals and send those copies to him! But do call and find out what is up first, maybe its nothing...........a simple mistake where the DD did not go thru.........but if he says its because he wants the logs, then do as I said already, make copies and send the copies to him.

Your company is entitled to a copy of your logs. I assume you have turned in all of your logs? You need to keep a copy for your records and for tax purposes. I agree with others who suggest you call your employer and ask what is going on. If you have not turned in all your paperwork, including logs, then they can withhold your paycheck until you give them what they need. If you have turned in everything then there is no reason for them to not pay you. You can always go to your state labor board as a last resort. I prefer the direct approach where I talk with someone first and then take the next step only if it is necessary.

in New Zealand we have 3 pages in our logbooks ,1 goes with load dockets to company 1 is for police dept if they take it for offence .other 1 stays in book which you are meant to keep for a year.

I agree with most answers above. FMCSA requires (I think) drivers to keep copies of their logs. He should already HAVE his copies. The IRS could demand to see your logs if audited. He has no right to YOUR copies. I would call him and see what's up, but... if you feel the bridge has already been "burned," I would "offer" to make copies for him but also remind him that that is "doing work for a carrier" and needs to be logged AND paid for! If that doesn't work... I'd tell him to expect an audit from the DOT AND the IRS any day now.

Did you send in a copy of all your logs? Carriers are required to keep logs for a specified time period. If you have not sent in all logs and the carrier gets audited, then they could be fined. Again, I would give your employer a call and see what you can work out. Most employers will pay drivers as long as all paperwork has been received and in good order. I will be interested to hear back after you have spoken to your company.

Ive been there...Yes it legal for him to hold your pay until you hand over the logs...

Not sure what your "position" is in this... but... you realize he's not talking about the original logs, but the COPIES in his books?

He called the FMCSA and they told him he has no obligation to turn over HIS copies. Pretty sure that is correct. I've read every reg there is... and NEVER saw one that says the carrier has any "right" to the driver's copy of a log.

Just as... now that we are on elogs.... there is no requirement for the carrier to PROVIDE us with a copy of our logs.