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delivery driver fired for OT Alabama

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  • delivery driver fired for OT Alabama

    My husband worked for a beverage company which delivers to stores, restaurants and schools. His delivery route is anywhere from 45 min to an hour and a half away from the distribution center. He usually has 15-16 stops and 3-500 cases which need to be delivered within a 10 hour period with no breaks. If he goes over 10 hours in a day he gets wrote up..if he goes over 50 hours in a week he gets wrote up..He just recently got fired for going over 50 hours this last week. Management held him up twice this last week by telling him not to leave a stop due to tornado warnings in the area and one morning his truck was having problems and couldn't leave the dist. center on time. He was told it didn't matter. Im sure they can do what ever they want, but just checking if its legal or not.

  • #2
    Unfair and stupid but not illegal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree, not an illegal termination even though unfair. (unless he would have had a binding employment contract or CBA that the termination violated).
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        working 10 hours with no breaks?

        that dont sound right, thought there was a law that said you get a 15 min break?

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        • #5
          Originally posted by squills View Post
          working 10 hours with no breaks?

          that dont sound right, thought there was a law that said you get a 15 min break?
          You thought wrong. Alabama has no laws requiring meal breaks or rest periods for adult employees.
          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
            Agreed. There is no federal requirement at all that any breaks be given. So, at most we are talking about state laws, if any. Many states also have no base requirements. My understanding is that there is exactly one state (IL) with a 15 minute break requirement and that is for certain classes of employees only.

            http://www.dol.gov/dol/topic/workhours/breaks.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              And, for verification;

              http://webapps.dol.gov/dolfaq/go-dol...ours&topicid=1

              http://www.dol.gov/whd/state/rest.htm

              http://www.dol.gov/whd/state/meal.htm

              Edited to add:

              Oops, sorry, DAW, didn't see your link
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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