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Pissed and Need Answers Louisiana

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  • Pissed and Need Answers Louisiana

    My fiance and I are in Louisiana right now. He drives for a well known trucking company. We have been in Pineville for the last 2 days. We were supposed to pick up a load yesterday and head back north with it. Then we find out we have to turn right back around and drop that empty trailer and wait on a loaded trailer which wasn't going to be ready until 10 p.m. last night. That's fine... then we find out that it wasn't going to be ready until 6:00 a.m. this morning, so we ended up spending the night in Pineville, AGAIN... only to find out that the trailer still wasn't ready. So, we've been sitting in Pineville, Louisiana for the past two days waiting on a trailer to so we can get the hell out of here. We finally get a dispatch that tells us we have a trailer and can leave at 4:15 p.m. By the time the paperwork gets ready and we hook to the trailer and get ready to leave the yard, it is now 5:15 p.m.

    NOW, HERE IS MY LEGAL QUESTION.... The "company" has a MANDATORY rule that nobody is to be on the road from 6p tonight until 6a tomorrow morning because of the holiday - they are putting safety first due to drunk drivers. (Apparently they aren't concerned about the drunk drivers the rest of the year, but that's neither here nor there...) Anyone caught driving during those hours will be terminated. We asked if we would be paid for those hours since it is mandatory - MANDATORY - that we are stuck here.... the answer was NO. Is there anyone that can tell me if there is a law out there that says they do or do not have to pay us for this?

    Any information would be greatly appreciated.

  • #2
    Is you husband an employee or an independent contractor?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      he is employed by the company

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      • #4
        OK, so taxes are withheld and he gets a W-2 form, correct?

        Whether this time could be considered "engaged to be waiting" (which would mean compensable) is unlikely. Reason is that his time, even though in a place he does not care to be, is totally unrestricted. He could go to a movie, go shopping, etc. I'd be interested in hearing opposing viewpoints, but this is my first gut feeling on the situation.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          That was my first reaction too. My second reaction is that there have been long haul truck drivers for many decades now and that federal DOL and the courts probably consider this particular question to be well settled law. I just to not know how they settled it. I took a quick look in my labor law book and I am not see "truck drivers" mentioned in the index.

          Patty's argument is what DOL generally says to this type of question. You could request something formal from federal DOL if you want a harder answer, but I think that Patty probably has it right.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I've been in Pineville. *sigh*
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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