;
  • Report:  #186870

Complaint Review: Usxpress - Chattanooga Tennessee

Reported By:
- Medina, New York,
Submitted:
Updated:

Usxpress
Chattanooga, Tennessee, U.S.A.
Phone:
800-251 6291
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
i am a current usxpress driver, i am new to the industry but not ignorant by any means...each week i lose upwards of 250 miles a week due to their unfair practices.they claim they pay you rand mcnally map miles yet when you get your assignment and it gives empty and loaded miles and the route you will run, it doesnt match,even closely match any rand mcnally map whatsoever.when i questioned this i was told by dispatch that "we do zip code to zip code, and thats straight line miles" excuse me ...thats for airplane pilots!this is a truck and they dont have wings...in any handbook they have or on their website it clearly states.we pay rand mcnally miles!!! they have also illegally detained me against my will on a hivalue load at a shipper and told me couldnt leave that site for any reason...there was no food ,water ,or toilet for 36 hrs....i made numerous requests to get me outta there ,all were denied....i was also refused any detention pay or even a lousy layover pay for this ,they told me customer wont pay us for it so you dont get paid....excuse me...i didnt make any agreement with anyone but them...there are numerous more incidents i have about this awfully horrendous company....is there a lawyer out there that would like this case???i have names -dates and places of every incident, and the same for everyplace ive ever driven too ,to substantiate this claim,please help me

Paul

Medina, New York
U.S.A.


20 Updates & Rebuttals

Unemployeed

Tampa,
Florida,
U.S.A.
re: miles

#2UPDATE EX-employee responds

Fri, August 15, 2008

As far as actual miles vs paid miles, you need to purchase ms streets and trips for a laptop. If you click on the shortest miles route thats normally very close to paid miles. Then Usx routes you the fastest normally. That can includes every town street across the state. Whenever your dispatcher moves you, those miles dont show up on your weekly statement. You may have been paid. You need to make sure they move you, when you go someplace off the plan, example go over to xyz place and pick up a trailer. This place absolutely sucks. They love to "save money" by taking it from the driver. See the new rail policy message on the safety line. You have to stay on your driver managers butt about every penny, layover to detention pay to assist pay. I suggest you find someplace else now, before they fire you for their truck breaking down and almost killing you. And most important....you get in wreck...you WILL be fired your fault or not. Don't believe a 'suspension while we investigate the accident'. You will be fired! collecting unemployment.


Unemployeed

Tampa,
Florida,
U.S.A.
re: miles

#3UPDATE EX-employee responds

Fri, August 15, 2008

As far as actual miles vs paid miles, you need to purchase ms streets and trips for a laptop. If you click on the shortest miles route thats normally very close to paid miles. Then Usx routes you the fastest normally. That can includes every town street across the state. Whenever your dispatcher moves you, those miles dont show up on your weekly statement. You may have been paid. You need to make sure they move you, when you go someplace off the plan, example go over to xyz place and pick up a trailer. This place absolutely sucks. They love to "save money" by taking it from the driver. See the new rail policy message on the safety line. You have to stay on your driver managers butt about every penny, layover to detention pay to assist pay. I suggest you find someplace else now, before they fire you for their truck breaking down and almost killing you. And most important....you get in wreck...you WILL be fired your fault or not. Don't believe a 'suspension while we investigate the accident'. You will be fired! collecting unemployment.


Unemployeed

Tampa,
Florida,
U.S.A.
re: miles

#4UPDATE EX-employee responds

Fri, August 15, 2008

As far as actual miles vs paid miles, you need to purchase ms streets and trips for a laptop. If you click on the shortest miles route thats normally very close to paid miles. Then Usx routes you the fastest normally. That can includes every town street across the state. Whenever your dispatcher moves you, those miles dont show up on your weekly statement. You may have been paid. You need to make sure they move you, when you go someplace off the plan, example go over to xyz place and pick up a trailer. This place absolutely sucks. They love to "save money" by taking it from the driver. See the new rail policy message on the safety line. You have to stay on your driver managers butt about every penny, layover to detention pay to assist pay. I suggest you find someplace else now, before they fire you for their truck breaking down and almost killing you. And most important....you get in wreck...you WILL be fired your fault or not. Don't believe a 'suspension while we investigate the accident'. You will be fired! collecting unemployment.


Unemployeed

Tampa,
Florida,
U.S.A.
re: miles

#5UPDATE EX-employee responds

Fri, August 15, 2008

As far as actual miles vs paid miles, you need to purchase ms streets and trips for a laptop. If you click on the shortest miles route thats normally very close to paid miles. Then Usx routes you the fastest normally. That can includes every town street across the state. Whenever your dispatcher moves you, those miles dont show up on your weekly statement. You may have been paid. You need to make sure they move you, when you go someplace off the plan, example go over to xyz place and pick up a trailer. This place absolutely sucks. They love to "save money" by taking it from the driver. See the new rail policy message on the safety line. You have to stay on your driver managers butt about every penny, layover to detention pay to assist pay. I suggest you find someplace else now, before they fire you for their truck breaking down and almost killing you. And most important....you get in wreck...you WILL be fired your fault or not. Don't believe a 'suspension while we investigate the accident'. You will be fired! collecting unemployment.


Floyd

Lafayette,
Tennessee,
U.S.A.
Paul a little help

#6UPDATE Employee

Sun, January 28, 2007

Paul a little help please. usxpress doesn't pay odometer miles so why do you say "been paid for 108000 odometers"? what i don't understand and maybe you can help. the reason i need your help is because your numbers don't add up. U S ad say solo drivers will avg 2500 per week (that's a yearly avg btw) now going with the avg of 1 day off for each week out that would be 52 days off a year (365-52=313 days working) (313/7=44.7 weeks working)so (108000/44.7=2416) so the company said the AVG driver will AVG 2500 per week and yours (as a new driver who has not worked a year YET) was 2416, not to far off if you didn't take a few more day's off. also you said "each week i lose upwards of 250 miles" but again YOUR math doesn't work you said " i have driven over 130000 miles this year and been paid for 108000 odometers and pay stubs dont lie" well (130000-108000=22000 miles a year unpaid)that is (22000 miles / 44.7 weeks the avg driver is on the road per year = 492 mlies) so by YOUR munbers you ran 492 miles a week you were not paid for not the "upwards of 250" you claim..? now you said "i am new to the industry but not ignorant by any means" you are new and you need to understand straight line miles as that is the way almost all companies pay. straight line miles are not drawing a straight line on a map, straight line miles are the shortest truck route, it may not be the way you went but it is the way you were told to go and thy don't have to pay you for your out of route miles and did you ever get lost ? thy don't have to pay you for the miles you run when you are lost. now by your own words you are new and most new drivers are not that good at finding the roads on the map that you are to use. it takes time to plan a trip the right way. i'm not saying you don't know how to just that you are not as good at it as you will be next year just as you are better now than you were when you started. just so you understand almost all companies do the milage the same way, some are a little better and some are not as good. you also said "the past 8 weeks ive averaged 1900 mi" i would say that it is that time of year every ones milage drop's off ours is also down about 2000 miles a week. it's that time of year, avg miles will not go up for about 8-12 more weeks. welcome to the trucking industry.


Floyd

Lafayette,
Tennessee,
U.S.A.
Paul a little help

#7UPDATE Employee

Sun, January 28, 2007

Paul a little help please. usxpress doesn't pay odometer miles so why do you say "been paid for 108000 odometers"? what i don't understand and maybe you can help. the reason i need your help is because your numbers don't add up. U S ad say solo drivers will avg 2500 per week (that's a yearly avg btw) now going with the avg of 1 day off for each week out that would be 52 days off a year (365-52=313 days working) (313/7=44.7 weeks working)so (108000/44.7=2416) so the company said the AVG driver will AVG 2500 per week and yours (as a new driver who has not worked a year YET) was 2416, not to far off if you didn't take a few more day's off. also you said "each week i lose upwards of 250 miles" but again YOUR math doesn't work you said " i have driven over 130000 miles this year and been paid for 108000 odometers and pay stubs dont lie" well (130000-108000=22000 miles a year unpaid)that is (22000 miles / 44.7 weeks the avg driver is on the road per year = 492 mlies) so by YOUR munbers you ran 492 miles a week you were not paid for not the "upwards of 250" you claim..? now you said "i am new to the industry but not ignorant by any means" you are new and you need to understand straight line miles as that is the way almost all companies pay. straight line miles are not drawing a straight line on a map, straight line miles are the shortest truck route, it may not be the way you went but it is the way you were told to go and thy don't have to pay you for your out of route miles and did you ever get lost ? thy don't have to pay you for the miles you run when you are lost. now by your own words you are new and most new drivers are not that good at finding the roads on the map that you are to use. it takes time to plan a trip the right way. i'm not saying you don't know how to just that you are not as good at it as you will be next year just as you are better now than you were when you started. just so you understand almost all companies do the milage the same way, some are a little better and some are not as good. you also said "the past 8 weeks ive averaged 1900 mi" i would say that it is that time of year every ones milage drop's off ours is also down about 2000 miles a week. it's that time of year, avg miles will not go up for about 8-12 more weeks. welcome to the trucking industry.


Floyd

Lafayette,
Tennessee,
U.S.A.
Paul a little help

#8UPDATE Employee

Sun, January 28, 2007

Paul a little help please. usxpress doesn't pay odometer miles so why do you say "been paid for 108000 odometers"? what i don't understand and maybe you can help. the reason i need your help is because your numbers don't add up. U S ad say solo drivers will avg 2500 per week (that's a yearly avg btw) now going with the avg of 1 day off for each week out that would be 52 days off a year (365-52=313 days working) (313/7=44.7 weeks working)so (108000/44.7=2416) so the company said the AVG driver will AVG 2500 per week and yours (as a new driver who has not worked a year YET) was 2416, not to far off if you didn't take a few more day's off. also you said "each week i lose upwards of 250 miles" but again YOUR math doesn't work you said " i have driven over 130000 miles this year and been paid for 108000 odometers and pay stubs dont lie" well (130000-108000=22000 miles a year unpaid)that is (22000 miles / 44.7 weeks the avg driver is on the road per year = 492 mlies) so by YOUR munbers you ran 492 miles a week you were not paid for not the "upwards of 250" you claim..? now you said "i am new to the industry but not ignorant by any means" you are new and you need to understand straight line miles as that is the way almost all companies pay. straight line miles are not drawing a straight line on a map, straight line miles are the shortest truck route, it may not be the way you went but it is the way you were told to go and thy don't have to pay you for your out of route miles and did you ever get lost ? thy don't have to pay you for the miles you run when you are lost. now by your own words you are new and most new drivers are not that good at finding the roads on the map that you are to use. it takes time to plan a trip the right way. i'm not saying you don't know how to just that you are not as good at it as you will be next year just as you are better now than you were when you started. just so you understand almost all companies do the milage the same way, some are a little better and some are not as good. you also said "the past 8 weeks ive averaged 1900 mi" i would say that it is that time of year every ones milage drop's off ours is also down about 2000 miles a week. it's that time of year, avg miles will not go up for about 8-12 more weeks. welcome to the trucking industry.


Floyd

Lafayette,
Tennessee,
U.S.A.
Paul a little help

#9UPDATE Employee

Sun, January 28, 2007

Paul a little help please. usxpress doesn't pay odometer miles so why do you say "been paid for 108000 odometers"? what i don't understand and maybe you can help. the reason i need your help is because your numbers don't add up. U S ad say solo drivers will avg 2500 per week (that's a yearly avg btw) now going with the avg of 1 day off for each week out that would be 52 days off a year (365-52=313 days working) (313/7=44.7 weeks working)so (108000/44.7=2416) so the company said the AVG driver will AVG 2500 per week and yours (as a new driver who has not worked a year YET) was 2416, not to far off if you didn't take a few more day's off. also you said "each week i lose upwards of 250 miles" but again YOUR math doesn't work you said " i have driven over 130000 miles this year and been paid for 108000 odometers and pay stubs dont lie" well (130000-108000=22000 miles a year unpaid)that is (22000 miles / 44.7 weeks the avg driver is on the road per year = 492 mlies) so by YOUR munbers you ran 492 miles a week you were not paid for not the "upwards of 250" you claim..? now you said "i am new to the industry but not ignorant by any means" you are new and you need to understand straight line miles as that is the way almost all companies pay. straight line miles are not drawing a straight line on a map, straight line miles are the shortest truck route, it may not be the way you went but it is the way you were told to go and thy don't have to pay you for your out of route miles and did you ever get lost ? thy don't have to pay you for the miles you run when you are lost. now by your own words you are new and most new drivers are not that good at finding the roads on the map that you are to use. it takes time to plan a trip the right way. i'm not saying you don't know how to just that you are not as good at it as you will be next year just as you are better now than you were when you started. just so you understand almost all companies do the milage the same way, some are a little better and some are not as good. you also said "the past 8 weeks ive averaged 1900 mi" i would say that it is that time of year every ones milage drop's off ours is also down about 2000 miles a week. it's that time of year, avg miles will not go up for about 8-12 more weeks. welcome to the trucking industry.


Floyd

Lafayette,
Tennessee,
U.S.A.
WHO is it that needs education?

#10UPDATE Employee

Fri, January 12, 2007

Steve you are the one who said "Since they had you in a "readiness to work" state for 36+ hours straight, they violated DOT." and you said "First of all, it is you who needs to read and understand the HOS again. You CANNOT be on duty for 36 hours as you claim. That is illegal." you are the one that was wrong both times. you said "The thing you keep confusing are FEDERAL HOS, and STATE labor laws" thy DIDN"T violate federal hos did thy and if you will reread my post you will see that i never said a word about state labor laws, did i. you said " Now for your confusion on the labor/pay issues, FMCSA does not get involved in pay issues. These are strictly governed by the state's wage and hour division" i never said anything about the FMCSA being involved in pay issues did i. you say you are "not a lawyer" then don't act like one and stop trying to put words in my mouth that i didn't say. you also said "if the employer requires you to be "in control and custody" of the equipment, thus in readiness to work, legally you can demand to be paid" if this were true then you would be paid for all the time you are offduty in the sleeper as well as all the time you are at home, after all when you are in the sleeper or at home are you not "in control and custody" of the truck..? you said " this continuous "on duty" time would eat up your weekly hours fast" that is right just as the answer i posted from FMCSA said why restate it.? you said " I am fully aware of the difference of the change in HOS as I clearly stated " and you said "Now, I know the rules have changed since I went from OTR to local, but using the rules in effect when I left, 15 hours max on duty, 10 hours max driving time " but all the HOS you have been talking about have not been used for three years and IF YOU ARE a local driver as you say you are then you would know the changes and IF YOU ARE "fully aware of the difference" then why do YOU keep talking about ones that have not been used for over three years when what we are talking about happened less than one year ago..? you said "FYI..I got paid on the wage claim I filed due to the employer forcing me to be in "readiness to work" and in "control and custody" of the equipment". You just were not smart enough to get paid for your time. So, WHO is it that needs education? YOU ARE THE ONE WHO NEEDS EDUCATION. 1st all i did was state that you didn't say you won i didn't say you didn't win just said you didn't say 2nd we have always been paid for all the time we were do 15 hr. when someone made a mistake on delivery time, 28 hr. when load was not ready ontime. and layover if we sit for 24 hr the company has rules and if you fallow them you get paid. the only time i didn't get paid was when I DID three things wrong then it took 1 week extra to get it. BTW Steve why does your rebuttal's say "REBUTTAL employee" and "Submitted by the original author" when by your own words you are not working for US XPERSS and you sure ARE NOT the original author. just asking.


Floyd

Lafayette,
Tennessee,
U.S.A.
WHO is it that needs education?

#11UPDATE Employee

Fri, January 12, 2007

Steve you are the one who said "Since they had you in a "readiness to work" state for 36+ hours straight, they violated DOT." and you said "First of all, it is you who needs to read and understand the HOS again. You CANNOT be on duty for 36 hours as you claim. That is illegal." you are the one that was wrong both times. you said "The thing you keep confusing are FEDERAL HOS, and STATE labor laws" thy DIDN"T violate federal hos did thy and if you will reread my post you will see that i never said a word about state labor laws, did i. you said " Now for your confusion on the labor/pay issues, FMCSA does not get involved in pay issues. These are strictly governed by the state's wage and hour division" i never said anything about the FMCSA being involved in pay issues did i. you say you are "not a lawyer" then don't act like one and stop trying to put words in my mouth that i didn't say. you also said "if the employer requires you to be "in control and custody" of the equipment, thus in readiness to work, legally you can demand to be paid" if this were true then you would be paid for all the time you are offduty in the sleeper as well as all the time you are at home, after all when you are in the sleeper or at home are you not "in control and custody" of the truck..? you said " this continuous "on duty" time would eat up your weekly hours fast" that is right just as the answer i posted from FMCSA said why restate it.? you said " I am fully aware of the difference of the change in HOS as I clearly stated " and you said "Now, I know the rules have changed since I went from OTR to local, but using the rules in effect when I left, 15 hours max on duty, 10 hours max driving time " but all the HOS you have been talking about have not been used for three years and IF YOU ARE a local driver as you say you are then you would know the changes and IF YOU ARE "fully aware of the difference" then why do YOU keep talking about ones that have not been used for over three years when what we are talking about happened less than one year ago..? you said "FYI..I got paid on the wage claim I filed due to the employer forcing me to be in "readiness to work" and in "control and custody" of the equipment". You just were not smart enough to get paid for your time. So, WHO is it that needs education? YOU ARE THE ONE WHO NEEDS EDUCATION. 1st all i did was state that you didn't say you won i didn't say you didn't win just said you didn't say 2nd we have always been paid for all the time we were do 15 hr. when someone made a mistake on delivery time, 28 hr. when load was not ready ontime. and layover if we sit for 24 hr the company has rules and if you fallow them you get paid. the only time i didn't get paid was when I DID three things wrong then it took 1 week extra to get it. BTW Steve why does your rebuttal's say "REBUTTAL employee" and "Submitted by the original author" when by your own words you are not working for US XPERSS and you sure ARE NOT the original author. just asking.


Floyd

Lafayette,
Tennessee,
U.S.A.
WHO is it that needs education?

#12UPDATE Employee

Fri, January 12, 2007

Steve you are the one who said "Since they had you in a "readiness to work" state for 36+ hours straight, they violated DOT." and you said "First of all, it is you who needs to read and understand the HOS again. You CANNOT be on duty for 36 hours as you claim. That is illegal." you are the one that was wrong both times. you said "The thing you keep confusing are FEDERAL HOS, and STATE labor laws" thy DIDN"T violate federal hos did thy and if you will reread my post you will see that i never said a word about state labor laws, did i. you said " Now for your confusion on the labor/pay issues, FMCSA does not get involved in pay issues. These are strictly governed by the state's wage and hour division" i never said anything about the FMCSA being involved in pay issues did i. you say you are "not a lawyer" then don't act like one and stop trying to put words in my mouth that i didn't say. you also said "if the employer requires you to be "in control and custody" of the equipment, thus in readiness to work, legally you can demand to be paid" if this were true then you would be paid for all the time you are offduty in the sleeper as well as all the time you are at home, after all when you are in the sleeper or at home are you not "in control and custody" of the truck..? you said " this continuous "on duty" time would eat up your weekly hours fast" that is right just as the answer i posted from FMCSA said why restate it.? you said " I am fully aware of the difference of the change in HOS as I clearly stated " and you said "Now, I know the rules have changed since I went from OTR to local, but using the rules in effect when I left, 15 hours max on duty, 10 hours max driving time " but all the HOS you have been talking about have not been used for three years and IF YOU ARE a local driver as you say you are then you would know the changes and IF YOU ARE "fully aware of the difference" then why do YOU keep talking about ones that have not been used for over three years when what we are talking about happened less than one year ago..? you said "FYI..I got paid on the wage claim I filed due to the employer forcing me to be in "readiness to work" and in "control and custody" of the equipment". You just were not smart enough to get paid for your time. So, WHO is it that needs education? YOU ARE THE ONE WHO NEEDS EDUCATION. 1st all i did was state that you didn't say you won i didn't say you didn't win just said you didn't say 2nd we have always been paid for all the time we were do 15 hr. when someone made a mistake on delivery time, 28 hr. when load was not ready ontime. and layover if we sit for 24 hr the company has rules and if you fallow them you get paid. the only time i didn't get paid was when I DID three things wrong then it took 1 week extra to get it. BTW Steve why does your rebuttal's say "REBUTTAL employee" and "Submitted by the original author" when by your own words you are not working for US XPERSS and you sure ARE NOT the original author. just asking.


Floyd

Lafayette,
Tennessee,
U.S.A.
WHO is it that needs education?

#13UPDATE Employee

Fri, January 12, 2007

Steve you are the one who said "Since they had you in a "readiness to work" state for 36+ hours straight, they violated DOT." and you said "First of all, it is you who needs to read and understand the HOS again. You CANNOT be on duty for 36 hours as you claim. That is illegal." you are the one that was wrong both times. you said "The thing you keep confusing are FEDERAL HOS, and STATE labor laws" thy DIDN"T violate federal hos did thy and if you will reread my post you will see that i never said a word about state labor laws, did i. you said " Now for your confusion on the labor/pay issues, FMCSA does not get involved in pay issues. These are strictly governed by the state's wage and hour division" i never said anything about the FMCSA being involved in pay issues did i. you say you are "not a lawyer" then don't act like one and stop trying to put words in my mouth that i didn't say. you also said "if the employer requires you to be "in control and custody" of the equipment, thus in readiness to work, legally you can demand to be paid" if this were true then you would be paid for all the time you are offduty in the sleeper as well as all the time you are at home, after all when you are in the sleeper or at home are you not "in control and custody" of the truck..? you said " this continuous "on duty" time would eat up your weekly hours fast" that is right just as the answer i posted from FMCSA said why restate it.? you said " I am fully aware of the difference of the change in HOS as I clearly stated " and you said "Now, I know the rules have changed since I went from OTR to local, but using the rules in effect when I left, 15 hours max on duty, 10 hours max driving time " but all the HOS you have been talking about have not been used for three years and IF YOU ARE a local driver as you say you are then you would know the changes and IF YOU ARE "fully aware of the difference" then why do YOU keep talking about ones that have not been used for over three years when what we are talking about happened less than one year ago..? you said "FYI..I got paid on the wage claim I filed due to the employer forcing me to be in "readiness to work" and in "control and custody" of the equipment". You just were not smart enough to get paid for your time. So, WHO is it that needs education? YOU ARE THE ONE WHO NEEDS EDUCATION. 1st all i did was state that you didn't say you won i didn't say you didn't win just said you didn't say 2nd we have always been paid for all the time we were do 15 hr. when someone made a mistake on delivery time, 28 hr. when load was not ready ontime. and layover if we sit for 24 hr the company has rules and if you fallow them you get paid. the only time i didn't get paid was when I DID three things wrong then it took 1 week extra to get it. BTW Steve why does your rebuttal's say "REBUTTAL employee" and "Submitted by the original author" when by your own words you are not working for US XPERSS and you sure ARE NOT the original author. just asking.


Steve [Not A Lawyer]

Bradenton,
Florida,
U.S.A.
Floyd, You STILL ARE not getting it.

#14Consumer Suggestion

Thu, January 11, 2007

Floyd, The thing you keep confusing are FEDERAL HOS, and STATE labor laws. What I said, is, if the employer has you in a readiness to work status, you are entitled to be paid for that time under the STATE wage and hour laws as well as FEDERAL labor laws. This is because you are ON DUTY. And, I am fully aware of the difference of the change in HOS as I clearly stated. Any driver who would agree to be on duty for 36 continuous hours is a total moron, especially if not being paid for it. But these are the same guys who cannot spell, punctuate or use capital letters when they write. What I am saying here is that it comes down to eduacation and common sense. Furthermore, under the current 11/14 rule your employer cannot force you to work after the 14th hour until you have had 10 consecutive hours rest. You can tell them to go pound sand. If you do it, you are doing it by choice. And, this continuous "on duty" time would eat up your weekly hours fast. Some companies have mandated the optional 34 hour restart. FYI..I got paid on the wage claim I filed due to the employer forcing me to be in "readiness to work" and in "control and custody" of the equipment". You just were not smart enough to get paid for your time. So, WHO is it that needs education?


Floyd

Lafayette,
Tennessee,
U.S.A.
A little Education

#15UPDATE Employee

Thu, January 11, 2007

Steve as i said "steve you realy need to read the 'hours of service' like most truckstop cb lawyer's you don't know what you are talking about. it doesn't say anyware that you can only have 15 hours onduty you can by the rules of the FMCSA have any hours onduty and yes you can have 36 hours onduty...! you just can't drive after (14) hours onduty then after your onduty you must take 10 hours offduty and that doesn't even have to be in the sleeper..! here's a cut and paste from FMCSA's own site, question"D-1. May a driver be on duty for more than 14 consecutive hours?" answer "Yes. A driver may remain on duty for more than 14 hours; however, the driver of a property-carrying CMV cannot drive after the 14th hour after coming onduty. Also, the additional on-duty time will be counted toward the 60/70-hour on-duty limit." and if you are going to TRY to quote the HOS try to update your understanding of the NEW HOS and not the OLD NEW HOS, or the OLD HOS, the 15hr rule has not been on the books for more than three years. as i said "you said "Since they had you in a "readiness to work" state for 36+ hours straight, they violated DOT" that is a lie THY didn't violate anything." i was right YOU were wrong. you also said "I filed a labor claim for hours worked against a trucking company who refused to pay me layover and detention time." you didn't say you won..? you also just said "Now for your confusion on the labor/pay issues, FMCSA does not get involved in pay issues. These are strictly governed by the state's wage and hour division." maybe you should learn to READ if you look at MY post I NEVER said anything about FMCSA saying anything about PAY ISSUES you'r rebuttal said "you need some education" i think you are the one that need's SOME EDUCATION. Paul what i said was i have never seen it and yes this time of year it does get slow. the worst i ever did as a solo was 2345 one week. and a bad week as a team has been 3800. thy have never stiffed us on anything i have even turned on hand written receipt for 35 cents and was paid. i have been with U S for over 5 years 2 as a solo and three as a team and i have never seen what you are talking about i'm not saying you are lying just i have never seen it. you just said "...i dont need any ones help,and wont take it anyways at this point." but in your first post you asked for help.? and by your own words you have run "paid" 108000 miles in less than i year so that works out to 2076 miles a week if you never went home..? with normal hometime that works out to 2500 miles a week. yes i am a company driver and not all company's are for everyone you need to find a company that is a good fit for you. U S has been a good fit for us.


Paul

Medina,
New York,
U.S.A.
reply to floyd

#16Author of original report

Mon, January 08, 2007

floyd...you sound more like a liason or dispatcher than a driver.good for you when you say you werent robbed as bad as me....we arent talkin about you though !!!i have documented proof of everything ive said...every job.every pro number.how many isuued miles...the whole shot,sir....my facts are 100 percent straight.this is why ,i spoke up here,to warn any new drivers considering a job here....i have driven over 130000 miles this year and been paid for 108000....odometers and pay stubs dont lie !!!when i tried to work things out with conference with liason fleet,fleet mgr and dispatcher.it was downplayed severely...on any incident,at any time...so dont get, to protective of these people.i am nearing my 1 year mark and will be moving on soon...i dont need any ones help,and wont take it anyways at this point.as a solo otr,it clearly states...you will get 400 to 450 miles daily....well that sounds like 2800 mi a week ...minimum !....the past 8 weeks ive averaged 1900 mi....the past 5 weeks ive done so much sitting,that there has been 5 34 hr restarts,not that i was out time for the week though. i wish you well floyd ,in all your endeavors there.its best your interests dont interfere with mine.


Steve [Not A Lawyer]

Bradenton,
Florida,
U.S.A.
Floyd, you need some education.

#17Consumer Suggestion

Mon, January 01, 2007

Floyd, First of all, it is you who needs to read and understand the HOS again. You CANNOT be on duty for 36 hours as you claim. That is illegal. Now, I know the rules have changed since I went from OTR to local, but using the rules in effect when I left, 15 hours max on duty, 10 hours max driving time. After the Max on duty time, an employer cannot force you to be on duty again until you have had 10 hours rest. You cannot drive th truck again until you have had 10 hours rest. I believe the new rules are still 11/14 with a continuous clock. At the 14th hour you are off duty until you have achieved 10 consecutive hours rest. And, if the employer requires you to be "in control and custody" of the equipment, thus in readiness to work, legally you can demand to be paid. Now for your confusion on the labor/pay issues, FMCSA does not get involved in pay issues. These are strictly governed by the state's wage and hour division. I filed a labor claim for hours worked against a trucking company who refused to pay me layover and detention time.


Floyd

Lafayette,
Tennessee,
U.S.A.
lets be real

#18UPDATE Employee

Mon, January 01, 2007

1st Paul i am also a driver for usxpress and we to lose about 150 miles a week but we have to run 7000 miles a week to lose that. i hear that bs all the time but i have never seen it. if you run the routing that thy give you the only miles you lose would be a little in town and i have the gps routing for every trip we have run for the last 3 years and it shows that the most we have ever gone over is 53 miles. you know i hear all the time that you will go over 10% on the miles but i have never seen it, most of the time it is more like 2-3%. try realy checking the milage. and by the way it is rand mcnally (movers) the miles are not the same as your rand mcnally (road alats). in three yours we have never been stiffed on layover and have gotten all the detention that was owed to us. the rule is that you have to be ontime to pick up and you have to send mac14 every hour. if you are late at the pick up thy don't have to pay you detention, thats the rule and you know it. we have never been told we had to stay any place if the load was not ready ontime we just tell them we are going to a truckstop until it is ready, even when we are on FEMA loads. 2nd steve you realy need to read the 'hours of service' like most truckstop cb lawyer's you don't know what you are talking about. it doesn't say anyware that you can only have 15 hours onduty you can by the rules of the FMCSA have any hours on duty and yes you can have 36 hours onduty...! you just can't drive after (14) hours onduty then after your onduty you must take 10 hours offduty and that doesn't even have to be in the sleeper..! you said "Since they had you in a "readiness to work" state for 36+ hours straight, they violated DOT" that is a lie THY didn't violate anything. you said "Anytime an employer requires you to be in the workplace and/or on a jobsite, you are legally entitled to be paid for all time at least of the minimum wage in your state" 1st i would say that as a pay per mile driver that is wrong also the sleeper is not a WORK PLACE (per DOT) and as paul didn't sit in the drivers set for 36 hours. DAVE is right if thy are in the wrong then you should call and you should call OOIDA too after all thy are looking out for all of us even Company Driver like you that are not a member. i'm a Company Driver an i'm a member, if you want to save $20 on membership call 800-444-5791 and give them my membership #752125 thy maybe able to help you


Dave

Kansas City,
Missouri,
U.S.A.
Paul do this immediately !!!!

#19Consumer Suggestion

Mon, April 17, 2006

Paul,, I want you to do this as quickly as possible time permitting on your side of course. I'd like you to go to "google" search engine and type in "TRUCKERS JUSTICE CENTER" Paul Taylor, out of Eagan Minnesota,,, he's a well known transportation attorney that has won several law suits against major carriers !!!! Paul specializes in Transportation issues and is HIGHLY familiar with the DOT regualtions and the STAA ACT as well ,, get in touch with him soon as you can,, !!!!!!!!!!! Also,,, after doing that, I'd suggest you call out to the OOIDA offices in grainvalley Missouri, and ask to speak MR.GREEN in Business services and advise him of this situtation, see what he says,,,, but definetly notify Paul Taylor of the TRUCKERS JUSTICE CENTER in Eagan Minnesota !!!


Paul

Medina,
New York,
U.S.A.
reply to response

#20UPDATE Employee

Sun, April 16, 2006

thanx i ll try it


Steve

Bradenton,
Florida,
U.S.A.
Paul, you do not need a lawyer, just do this..

#21Consumer Suggestion

Sun, April 16, 2006

Paul, ASSUMING you are an EMPLOYEE/Company Driver [NOT and Independent Contractor/Lease Driver]. 1). File your detailed complaint against this carrier with the FMCSA. You are only allowed to have 15 hours on duty time per day followed by 10 CONSECUTIVE hours OFF DUTY. Since they had you in a "readiness to work" state for 36+ hours straight, they violated DOT. 2). File a wage claim with both your state wage and hour division AND the USDOL. You are entitled to be paid for all hours worked, or hours in a readiness to work state. Being OFF DUTY means that you have no obligation to take direction from your employer or be in the workplace. Anytime an employer requires you to be in the workplace and/or on a jobsite, you are legally entitled to be paid for all time at least of the minimum wage in your state. 3). Do everything in writing by certified mail, return reciept requested to the company and all government agencies. DO NOT make phone calls, as they never existed when it comes to enforcing your rights. Make sure the letters are professionally written, paying close attention to spelling, grammar, capitalization and overall form. I can provide samples if you need them. Do not let them get away with this. I was an OTR driver for a long time with several big and small companies alike. They will all pull this IF you let them. The next time they try this, just tell the dispatcher the location of the bus station he can meet you at to pick up the truck. This works every time. Good luck.

Reports & Rebuttal
Respond to this report!
Also a victim?
Repair Your Reputation!
//