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  • docking and changing time cards

    ok guys, here is one for ya...
    i was just informed today being a truck driver for the oil and gas rigs here in arkansas, that i will be docked 1/2 hr per day for lunch but!!! we are not to take alunch and the trucks MUST stay rolling.

    ... and we also found out that we are not getting paid for what is on our time cards, anywhere from 6 to 15 hrs short, they are changing our times on our time cards

    they are also chrging us $2 admin fee for insurance ontop of what is taken out , and the last thing.

    .... we have $12 taken out each week for uniforms. but our company only pays $7.50 a week. we were told this is YET AN OTHER admin fee.

    we have brought this up and were told that if we dont like it, we will only be able to clock in when we are dispacted, BUT we are required to stay on site until dispatched..... for up to 12 hrs.

    none of this seems fair or with in the law.....

    any one help...

  • #2
    1. If you are not able to take an uninterrupted lunch period of at least 20 minutes, that is not a "bona fide" meal period, and you must be paid for the time.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.19.htm

    2. You must be paid for all time worked.

    3. Legal, assuming you agreed to the deduction.

    4. Legal, assuming you agreed to the deduction.

    5. This one is a little more tricky and depends on the circumstances.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.15.htm
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.16.htm

    For #1 and #2, you can file a claim for unpaid wages with the federal DOL or a civil claim in the work state.
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    • #3
      thnx pattymd

      well patty , what u said and what i faxed to our main office realy started a lil hell around the shop...haha.... and they thought they only hired dumb truckdrivers...... see i was in corp america setting for over 15yrs and i know how these companies work...... and i wont be bullied by the BS .....
      thanks a bunch..........

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      • #4
        Originally posted by Pattymd View Post
        1. If you are not able to take an uninterrupted lunch period of at least 20 minutes, that is not a "bona fide" meal period, and you must be paid for the time.
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.19.htm
        I believe Patty meant at least 30 min. (not 20) as per the link referenced.
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        • #5
          Originally posted by Betty3 View Post
          I believe Patty meant at least 30 min. (not 20) as per the link referenced.
          Betty3, I thought I saw somewhere that this had been increased, but I have no link to it. Do you have one?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            I am pretty sure that there has been no rule change, just typical poorly written federal rules on the subject.
            - The paid break rule says breaks up to 20 minutes must be paid.
            - The lunch rule says that lunches of typically 30 minutes can be unpaid although it also say " A shorter period may be long enough under special conditions."
            - There is an obvious hole in the 21-29 minute range. The break rules sure implies that a break longer then 21 minutes can be paid, while the lunch rules just say that unpaid lunches are "ordinarily" 30 minutes or longer.
            - An example of a legal 20 minute unpaid meal break can be found by looking at the Sixth Circuit court decision of Myracle v. General Electric. This is another one of those fun rules that is treated legally differently by courts in different parts of the country. Unless the employer is prepared to have their attorney research what the rules are in their particular court juristication, it is safer to follow the federal DOL's lead and stay with the "at least 30 minute" rule.
            Last edited by DAW; 05-11-2009, 06:23 AM.
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