Hello, my husband is a Tri-axle dump truck driver in New Jersey. He gets paid per load, not per hour. His truck has broken down on numerous occasions & he has been told by his employer that he must stay with his vehicle, even though he is not getting paid for this time. Sometimes it takes hours for a mechanic to get to his location. My question is, is this legal? Is he obligated to stay with the vehicle, or can he leave the vehicle?
Not getting paid for breakdown time Dump Truck in NJ
Discussion in 'Tanker, Bulk and Dump Trucking Forum' started by Anncap, Oct 24, 2016.
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If he wants to keep his job
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Legally he could probably leave it. Especially if he felt it was in an unsafe position. Ie blocking a lane of traffic. Myself l would keep working there until you could get a better job where they respect your time enough to pay you or let you go do your thing until its repaired. Course his boss won't understand when he gives notice snd whine about ungrateful employees and how hard it is to get good help blah blah blah.
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Thanks special K. This is an ongoing thing. The mechanics don't really fix the issues on the truck, they just put "band-aids" on it until something major happens. Then they blame the drivers for the issues. He would like to just leave & come home at that point. Then the owner of the company asks the drivers to adjust thier log books so it shows that they weren't working at that time they were broke down. My husband refuses to lie on his log book, but other drivers have in the past. They just charged 1 driver $40 for a missing mud flap. He is trying to find out if it's legal or not so he isn't held liable if he leaves it.
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Why doesn't he leave them and find better?Last edited: Oct 25, 2016
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Take pictures of how you left the equipment, even wash it, and leave. There are better options out there if your husband has a clean record and decent experience with a willingness to work
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Tell the man to start looking for another company.
What did it for me was bandaids and not actual root cause fixing problems.
With our dump, if the bearings needed replacing, guess what? Myself and one other horsing duals with wheels off it physically in the heat to slap new bearings and grease on all 4 back there. We got paid... A true shade tree effort to have new bearings that day. Believe it or not, our boss actually cared.
Do not give your man a hard time about not having a job. Hang in there. There are like 9 grubby greedy outfits for everyone that is classy and fixes their stuff.Ke6gwf Thanks this. -
I wouldn't work for anyone that pays by the load. And logbooks?????? Does this company go more then 100 miles with their dirt or gravel loads or what are they hauling?
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I don't think this is legal. While he is agreeing to be paid on a piece work basis--by the load--there is an expectation that the employer will actually provide a work environment, that actually lets the driver work in this manner.
The employer telling your husband to stay with the broken down truck, without pay, or suffer the consequences, does not seem to be legal, because they are not even offering the option of doing work for compensation at the piece work , or "by the load," rate. You see what I mean? This is wage theft basically, and he should be paid at least minimum wage to wait like this. And since he's not operating a Class A vehicle while waiting, he should be getting OT for all hours after 40 in a week or 8 in a day; the OT exemption only comes into play when one is *operating* the tractor-trailer for money. Know what I mean?
Get a lawyer if this keeps up. -
Some tankers get paid by the load. In utah. I pull waste water. My brother in law hauls oil. I get paid $15 an hour for downtime. Don't know what brother gets. Otherwise, it's strictly load pay.
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