Road drivers lawsuit in California

Discussion in 'UPS Freight' started by Freight Maniac, Dec 8, 2016.

  1. Freight Maniac

    Freight Maniac Member

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    The lawsuit that was won by road drivers in Cali is that going to be company wide or just them. The suit was about the company not calculating in the 30 min break into the run cause when you did a roundtrip run they would be asking you why u late. I know personally there have been times when i didn't mess around took my 30 on the road and left on time and still said I was late. Then I would ask is the break included in the run and they said yes. I knew they were lying.
     
  2. Skeeter

    Skeeter Well-Known Member

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    So far just California...
     
  3. Freight Maniac

    Freight Maniac Member

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  4. Nitetrain

    Nitetrain Member

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    Are you taking your lunch after you dispatch? Then yes, you will be late. I take my lunch (30 min break), after I arrive to either my meet point or terminal. Once you get dispatched you are on a timed run. they actually give you 10 free minutes at 55mph average run. I have to take 10 minute break on my run if I want to drive 68mph or I show up as speeding..This will all change once they install electronic logs.
     
  5. Freight Maniac

    Freight Maniac Member

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    I thought we didn't have to take our break at the terminal we could take it on road either way. Don't our union rules say we dont have to take at terminal if not hot food there or something like that.
     
  6. Nitetrain

    Nitetrain Member

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    I don't know about all that, The old contract had some language similar to that, but since then Most terminals have put in microwaves, refrigerators and vending machines, and I know a few with fast food or greasy spoons just a few blocks away...I bring my lunch, I don't trust restaurants or the cleanliness of some of our breakrooms, plus its a healthier choice to bring your own food.
    BUT if you insist the company provide for you on YOUR free time ,,HAHAHA, good luck driver.
     
  7. Apostolic

    Apostolic Super Moderator Staff Member

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    I did a web search I found that California is the only state that requires employers to allow their workers to take breaks.
    Funny my whole working life I've thought it was a federal law especially with the trucking industry.
    Hmm,turns out I was wrong.

    California Meal and Rest Periods are Mandatory Even for Motor Carrier Companies
    Under California law, an employer is required to provide employees a 30 minute meal break during a work period longer than five hours with some exceptions. Further, an employer is required to provide a second 30 minute meal break if an employee works more than 10 hours in a day. Also, under California law, employers are required to provide 10 minute rest periods for every four hours worked by an employee.

    In 2013, truck drivers brought a class action suit against their employer in part for failing to provide the required meal and rest breaks under California law. In May 2013, the bench trial court awarded the truck drivers damages. The employer filed an appeal.

    On appeal, their employer argued that the FAAAA (Federal Aviation Administration Authorization Act) preempted California law here and thus the required meal and rest breaks did not apply to truck drivers. The employer cited to a clause which basically stated that a state may not enact or enforce a law related to a price, route or service of any motor carrier. However, the court was not convinced by the employer’s argument. Citing to a recently decided case on the same matter in the 9th Circuit Court of Appeals (Dilts v. Penske Logistics, LLC), the court held that the FAAAA does not preempt California law when it comes to meal and rest breaks.

    As the above case shows, California meal and rest break laws apply to motor carrier employers and are not preempted by the FAAAA. Therefore, if a California employer fails to provide meal breaks, the employer will be liable for one hour of pay at the employee’s normal rate of compensation for each workday the meal break was not provided. Also, if an employer fails to provide rest breaks, the employer will be liable for an extra hour of pay for each workday the rest breaks are not provided. At the end of the day, this is a huge win for employees, especially truck drivers, as it solidifies the authority California’s meal and rest break laws in the workplace.

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    Filed under Wage & Hour



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  8. sppollock

    sppollock Active Member

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    No agency filings affecting this section since 2003
    WAC 296-126-092
    Meal periods—Rest periods.
    (1) Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift. Meal periods shall be on the employer's time when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer.
    (2) No employee shall be required to work more than five consecutive hours without a meal period.
    (3) Employees working three or more hours longer than a normal work day shall be allowed at least one thirty-minute meal period prior to or during the overtime period.
    (4) Employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three hours without a rest period.
    (5) Where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each 4 hours worked, scheduled rest periods are not required.
    [Order 76-15, § 296-126-092, filed 5/17/76.]

    This is the Washington state law, which also requires a 30 minute lunch and a 10 minute break for ever 4 hours worked. Usually take a 3rd 10 after my 10th hour and never have any problems.
     
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  9. Apostolic

    Apostolic Super Moderator Staff Member

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    Well in my opinion it should be a federal law for every state at least for anyone working in the trucking industry.
     
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  10. Nitetrain

    Nitetrain Member

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    I've never been a fan of the lunch break, I rather get paid at work , get it done and get home ..The 30 min lunch break is great if you need a nap, and that's what most drivers use that for anyway. personally it just makes the day longer. I get plenty of rest and take a meal to eat while I'm either waiting or in most instances forced to take a lunch.
     
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  11. Apostolic

    Apostolic Super Moderator Staff Member

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    Yes I do agree as a P & D driver I always did feel better to make my deliveries & pickups rather than take any breaks.
    However I did get a few breaks when I had to wait for a spot at some customers loading docks.

    But as for the linehaul drivers & dockworkers they would be better off having breaks every so many hours.
    Being fatigued can cause anyone to lose their focus,& we all know what damage can be caused in that regard.
     
  12. troubleman84

    troubleman84 Well-Known Member

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    If your a teamster you it's not just about you anymore.
     
  13. Nitetrain

    Nitetrain Member

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    your dann right I'm a teamster and it IS all about me when I'm behind the wheel,,,Driver wanted to know why he was getting hammered for taking his lunch enroute, I just offered suggestions, If Im not required by law or contract to take a lunch, then I rather not , its just MY opinion and its not for everyone.
     
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