New Break Rules In IL

Topic 33565 | Page 1

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Bobcat_Bob's Comment
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We've been told to comply with Illinois labor laws we now have to take a 30 minute break before our 5th hour on duty. Which throws a huge wrench we usually go to our main destination then take the break. Can't do that anymore.

In addition to that if we work more than 12 hours we must take another 20 minute off duty break.

Plus if we want it we have 2 optional paid 15 minute breaks. One can be taken before the 5 hour break and one after.

In theory we can now lose 1.5 hours out of 14 for breaks.

All of this is to comply with Illinois labor laws.

Bill M.'s Comment
member avatar

Woah. I haven't heard of this. It sounds like they are trying to comply with standard workday rules. Does this apply to anyone traveling through Ill?

We've been told to comply with Illinois labor laws we now have to take a 30 minute break before our 5th hour on duty. Which throws a huge wrench we usually go to our main destination then take the break. Can't do that anymore.

In addition to that if we work more than 12 hours we must take another 20 minute off duty break.

Plus if we want it we have 2 optional paid 15 minute breaks. One can be taken before the 5 hour break and one after.

In theory we can now lose 1.5 hours out of 14 for breaks.

All of this is to comply with Illinois labor laws.

Bobcat_Bob's Comment
member avatar
Woah. I haven't heard of this. It sounds like they are trying to comply with standard workday rules

That is exactly it. They mention it to us a few months ago but now they are really starting to enforce it. I guess the state is cracking down.

Does this apply to anyone traveling through Ill?

No just those of us based out of IL.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Bird-One's Comment
member avatar

I haven’t heard of this yet either. I just looked it over now. But according to the Illinois department of labor website it does not apply to union shops. It also says that an employee may work through the meal break however it must be paid. Interesting.

Bird-One's Comment
member avatar

Here’s another interesting thought. Since HOS laws say the 30 minute break can be taken on duty not driving. I don’t see how this really affects us since those are federal regulations. I would think this rule really only applies to non driver positions. But that’s just my take on it.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Bobcat_Bob's Comment
member avatar
Here’s another interesting thought. Since HOS laws say the 30 minute break can be taken on duty not driving. I don’t see how this really affects us since those are federal regulations. I would think this rule really only applies to non driver positions. But that’s just my take on it.

That's what we thought as well, but our team of lawyers sought clarification from the state and they said it still applies to us. Maybe because this is a IL labor rule and not DOT? Even our team truck has to do it no matter where they are since they are based out of ILm

Not sure why but it will be extremely inconvenient.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Bird-One's Comment
member avatar

That makes even less sense to me that your team truck drivers would have to follow it. If they were to get pulled over in say Nebraska.

Will Nebraska DOT say hey you’re based out of Illinois.So the HOS doesn’t apply to you only Illinois labor laws so you’re in violation for not taking that 30 minute break before that five hour mark?

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Bobcat_Bob's Comment
member avatar

I'm not sure how it's going to work, I'm surprised nobody has filed a lawsuit yet over it.

They've already moved some gate times around for our drivers and for drivers from out of state who we meet with.

Harvey C.'s Comment
member avatar

I wonder if California has similar rules. Michael gets paid for breaks but it's just a small amount, his last weekly paycheck from Marten had "CA REST PAY 10 FOR 100 MIN" for $33.24. He also got "CA NON-PRODUCTIVE PAY" but I think that is for miles he isn't otherwise paid for.

Bird-One's Comment
member avatar

Man there are so many ways you could go with this. If Illinois is saying all drivers based in the state have to take these breaks no matter where you are what’s stopping them from saying all drivers coming across state lines have are now subject to this law like Bill asked?

They are essentially saying their law supersedes our already put in place federal regulations. Doesn’t make any sense to me.

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