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Before becoming a Human Resource Manager for a transportation company, I drove long haul for many years to help pay for college. Over and over again, I'm taken aback by truckers who don't know what their rights are when dealing with an employer. When I was faced with trucking firms violating my rights, I stood up to them. In at least one case I was fired for it, and I was able to not only collect unemployment from them, but they paid a fine to the FMCSA. It's important that drivers understand that they are people who have rights, and that just because they are truck drivers does not mean that they've waived all of their rights. Here's a brief overview of common driver issues with their bosses, and the remedies they can seek. UnemploymentHometimeMaintenance Of The Truck
If you're a company driver having problems getting your truck fixed after making complaints, there's a way around this as opposed to driving an unsafe truck. This is a tactic that I've used with at least two companies, and the result was the same both times: the truck was fixed on the spot. Take the truck to the nearest weigh station, park, and ask the DOT for a Level 1 inspection. If you ASK for it, they have to give it to you under "probable cause." The DOT is not all bad. As long as your end is in good shape, such as driver logs, HOS compliant, permits, etc., then you'll be happy. If your truck has an issue that would put it out of service, and you have the DVIRs showing that (and you've scanned them to the company), the Level 1 will put the truck out of service, and any tickets will legally NOT be your responsibility. When a truck is sitting at a weigh station out of service, companies have to send someone out to fix it. They are not only under a financial crunch to do so, but will get hit with CSA points if they don't. It'll cost them $500 just to make the phone call for roadside service, but that's their problem if you've properly reported the truck's problems in the DVIR.
Docking Of Pay
Some companies dock driver pay if they curb a trailer blowing a tire, or for other minor accidents in the course of duty. Cash advances on ComData cards is another big issue. This depends on the STATE that the COMPANY resides in. In New York State for example, deducting driver pay for anything other than taxes or court ordered garnishments is 100% illegal. So, cash advances and docking pay cannot be legally done in New York State. However, in Indiana it is legal. Research the state Wage & Hour laws for the company's home state to find out. There are companies like Celadon that have a HOME base in Indiana, but a CORPORATE address in Delaware (where docking of pay is illegal). Such companies have to abide by the Wage & Hour laws in the state that they can be sued in, which is usually the CORPORATE address. Extra research will be required.
Dispatcher Harassment
A lawsuit in OOIDA v. FMCSA the 7th Circuit Court of Appeals (the only court higher is the Supreme Court) ruled that companies cannot be forced to use Electronic logs because there is nothing to protect drivers from harassment from dispatchers. In a follow-up study published in February 2012, the FMSCA shows that dispatcher harassment of drivers is a real problem. Under the 7th Circuit's ruling, Dispatchers ARE NOT allowed to call, QualComm, or otherwise interrupt you on your 10-hour break. Your 10-hour break begins as soon as you park and goes into Line 2 on your log regardless if you're out of hours, or just too tired. There's some ambiguity as to what constitutes other forms of harassment, but other workplace legal standards say that if you FEEL harassed then you're probably being harassed. You can report harassment to the FMCSA, and let your dispatcher know that they're violating Federal Court rulings. You can also contact a labor lawyer.
Retaliation & ConclusionDave Ashelman
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If you're a company driver having problems getting your truck fixed after making complaints, there's a way around this as opposed to driving an unsafe truck. This is a tactic that I've used with at least two companies, and the result was the same both times: the truck was fixed on the spot. Take the truck to the nearest weigh station, park, and ask the DOT for a Level 1 inspection. If you ASK for it, they have to give it to you under "probable cause." The DOT is not all bad. As long as your end is in good shape, such as driver logs, HOS compliant, permits, etc., then you'll be happy. If your truck has an issue that would put it out of service, and you have the DVIRs showing that (and you've scanned them to the company), the Level 1 will put the truck out of service, and any tickets will legally NOT be your responsibility. When a truck is sitting at a weigh station out of service, companies have to send someone out to fix it. They are not only under a financial crunch to do so, but will get hit with CSA points if they don't. It'll cost them $500 just to make the phone call for roadside service, but that's their problem if you've properly reported the truck's problems in the DVIR.
Docking Of Pay
Some companies dock driver pay if they curb a trailer blowing a tire, or for other minor accidents in the course of duty. Cash advances on ComData cards is another big issue. This depends on the STATE that the COMPANY resides in. In New York State for example, deducting driver pay for anything other than taxes or court ordered garnishments is 100% illegal. So, cash advances and docking pay cannot be legally done in New York State. However, in Indiana it is legal. Research the state Wage & Hour laws for the company's home state to find out. There are companies like Celadon that have a HOME base in Indiana, but a CORPORATE address in Delaware (where docking of pay is illegal). Such companies have to abide by the Wage & Hour laws in the state that they can be sued in, which is usually the CORPORATE address. Extra research will be required.
Dispatcher Harassment
A lawsuit in OOIDA v. FMCSA the 7th Circuit Court of Appeals (the only court higher is the Supreme Court) ruled that companies cannot be forced to use Electronic logs because there is nothing to protect drivers from harassment from dispatchers. In a follow-up study published in February 2012, the FMSCA shows that dispatcher harassment of drivers is a real problem. Under the 7th Circuit's ruling, Dispatchers ARE NOT allowed to call, QualComm, or otherwise interrupt you on your 10-hour break. Your 10-hour break begins as soon as you park and goes into Line 2 on your log regardless if you're out of hours, or just too tired. There's some ambiguity as to what constitutes other forms of harassment, but other workplace legal standards say that if you FEEL harassed then you're probably being harassed. You can report harassment to the FMCSA, and let your dispatcher know that they're violating Federal Court rulings. You can also contact a labor lawyer.
Retaliation & ConclusionDave Ashelman
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