Steve
Bradenton,#2Consumer Comment
Sun, August 24, 2008
Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately. However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies. BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection. You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired. That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game. NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally. You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid. It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing. Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself. Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away! C.Y.A.
Steve
Bradenton,#3Consumer Comment
Sun, August 24, 2008
Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately. However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies. BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection. You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired. That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game. NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally. You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid. It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing. Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself. Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away! C.Y.A.
Steve
Bradenton,#4Consumer Comment
Sun, August 24, 2008
Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately. However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies. BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection. You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired. That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game. NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally. You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid. It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing. Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself. Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away! C.Y.A.
Steve
Bradenton,#5Consumer Comment
Sun, August 24, 2008
Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately. However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies. BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection. You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired. That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game. NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally. You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid. It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing. Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself. Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away! C.Y.A.