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No Lunch and No Pay Pennsylvania

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  • tiwager
    replied
    Most of the drivers think the same thing.. Our answer to the company is, you call us the night before and give us a start time to report to work and an approx. time we will be done for the day.. Personally I compare this to a clerk in a store. If she or he does not have any customers that day does it mean she does not get paid even though they are hourly employees??? DOT regulations also state we are not to work over 12 hours per day but have drivers doing 13-14 hours per day... Being a large corporation they think like Wal-mart, and they are above the law. How big, 52,000 drivers and they own the buses with the DOG on the side. Talk of union only bring's threats of closing down our site which they have done in other areas and got away with it, somehow.. Now for the real pisser, our contract is to provide transportation for people in our county and the company is paid by the county. The county pays the company for canceled and NO SHOW trips, (people who are not there when you go after them}, and also pays the company up to 2 hours for a driver sitting idle. This is in there contract with the county and it is not being filtered down to the drivers.

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  • Pattymd
    replied
    Pennylsvania law does not require a meal period for employees 18 years of age and older.

    Having said that, however, if you must sit in the van during your waiting time, it's POSSIBLE that could also be considered "engaged to be waiting" and would be as compensable as the sitting in the office. I would call the state Dept. of Labor to get their opinion.

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  • tiwager
    replied
    Not allowed to do anything of a personal nature while you have company vehicle, ie go to the mall or shopping. Can Not leave van's unattended...
    I might also point out that there are days we are out on the road for 12-13 hours without any breaks and without lunch period... Catch-22 or what????

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  • Pattymd
    replied
    Go back to the office and sit there? That MIGHT be compensable. I suggest you contact the state Dept. of Labor and get their opinion. What does "stay put" mean? What can you do while you are staying put?

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  • tiwager
    replied
    We are required to either stay PUT or go back to the office depending on the milage...

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  • Pattymd
    replied
    You aren't being "docked" multiple times for lunch. What is happening is that you are being paid when you are driving and not when you don't have a trip or the trip is cancelled. When you aren't driving, you're "on call". Do you have any restrictions as to where you can go or what you can do, as long as you're in the area, reachable, and ready to drive?

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  • tiwager
    started a topic No Lunch and No Pay Pennsylvania

    No Lunch and No Pay Pennsylvania

    I am employed by a large national transportation, para transit company here in PA. As drivers, our start and finish times vary on a daily basis depending on our trip count for each day and number of available drivers. All of our passengers are pre-booked for trips 24 hours in advance and then manifested according to area and time. We are all hourly paid. Now here is my question: We do not use a time clock and our start and finish time is recorded by each driver on a cover sheet to his or her manifest along with milage ect. During the course of the day if a client cancels their trip and creates a gap of more than an hour we are now being docked and not paid for that time, no matter when your shift started. ie, you are getting charged for a lunch break you didn't take BUT you must be available during that time in case someone calls and needs a ride. Some of us drivers have been docked for lunch 2 and 3 times in a single day and never know about it until pay day when we receive our vouchers.. There is nothing in our handbooks about this procedure and questions to management are answered with, we will do what ever we want and if you don't like it, quit. Is this LEGAL????
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