Over 14 Hours - Do We Pay?

Topic 33602 | Page 1

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Lu L.'s Comment
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Hi there!! Hoping someone can help me as I am new to DOT regulations, trucking, etc.....we have an employee stuck in LA and will not make it back within his 14 hrs....Question is since trip is less than 24 hours, do we have to pay him? He is an hourly employee (and we don't pay mileage)

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.

Bobcat_Bob's Comment
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I am confused as to what is being asked here. Some more information would be nice.

But generally he should be paid for his "on duty" time of 14 hours. Not for his 10 hours off duty. Unless you offer layover pay

Delco Dave's Comment
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Yes, more info would help like why they can’t return. Breakdown, weather, delayed at shipper/receiver. If the reason is out of their control, yes, they should be compensated.

I work for ABF, we are paid hourly as well. If we break down or can’t drive due to bad weather, we are put up in a hotel and are paid the entire time until we return and clock out at our home terminal. It would be rare to never that the city drivers would have this happen but our terminal line-haul guys could get stuck at the DC in Carlisle where this policy would go into effect.

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

Lu L.'s Comment
member avatar

Yes, more info would help like why they can’t return. Breakdown, weather, delayed at shipper/receiver. If the reason is out of their control, yes, they should be compensated.

I work for ABF, we are paid hourly as well. If we break down or can’t drive due to bad weather, we are put up in a hotel and are paid the entire time until we return and clock out at our home terminal. It would be rare to never that the city drivers would have this happen but our terminal line-haul guys could get stuck at the DC in Carlisle where this policy would go into effect.

Sorry about that! Newbie issues :) He was stuck in LA due to shipping/receiving issues with customer (our business is based in Fresno). He stopped at his 14 hours and came back next day (after 10 hours off), I went ahead and had him take the rest of the day off (paid) once he arrived back home to make up.

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

Grumpy Old Man's Comment
member avatar

We are paid hourly for any on duty or driving time. Waiting to be unloaded or loaded is on duty.

Mike J.'s Comment
member avatar

If the Driver is paid hourly then he is paid hourly for hours worth being paid ! There's the 16 hour rule that makes it legal to drive/work 16 hours, though only allowed once per week (if have been home base for X days to start)

Mike J.'s Comment
member avatar

Either way it sounds like you're ****1ey company to work for, that finds ways to not pay their drivers OT when paid hourly !

Rob T.'s Comment
member avatar

Either way it sounds like you're ****1ey company to work for, that finds ways to not pay their drivers OT when paid hourly !

Maybe I missed it but I don't see where the OP mentions not paying overtime, or trying to cheat the driver out of their pay they've earned. It appears to me the OP is asking if they're required to pay the driver layover pay for time spent in the sleeper or hotel. If that's the case no you're not required to but the driver would appreciate it. My employer pays us any time spent in sleeper if you're at a customer waiting to be loaded/unloaded. If we're at a truck stop or hotel then we're not paid unless we were sent there due to load not being ready, in that case we'repaid hourly until the trailers loaded or bills printed (if we left trailer there).. We also get paid hourly for breakdowns until it's fixed or if the highway gets shut down due to weather (up to 14 hours each day for both). As a business owner you need to turn a profit. You also need to take care of your driver if they're doing great. If this is a rare occurrence maybe the $300 or whatever amount it is to pay for their 10 hour break is worth it to keep your driver happy.

Not every company that pays all straight time are cheats. When I started my current employer nearly 5 years ago I could take the OT option that only paid $23 I believe, or $30 straight pay. The break even point was around 67 hours for OT to pay higher, I remember that.

You must've had some bad experiences but I assure you not every company is out to get you or treat their drivers like crap. If you've had multiple issues then you either need to find a job that fits your needs better, or maybe the problem is you.

Grumpy Old Man's Comment
member avatar

Many hourly drivers do not get OT, myself included. It isn’t required for truckers.

I could go mileage, but I like being paid detention from minute one, and paid to sit in traffic. And my pay works out about the same either way. More if I have to sit.

Grumpy Old Man's Comment
member avatar

You cAn be on duty forever, theoretically. You just can’t DRIVE after 14 hours. I have had many 16+ hour days.

If the Driver is paid hourly then he is paid hourly for hours worth being paid ! There's the 16 hour rule that makes it legal to drive/work 16 hours, though only allowed once per week (if have been home base for X days to start)

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