I delivered a $20,000 piece of exercise equipment to this CEO’s private gymnasium
at their vacation home.

A CEO gets paid to eat, drink and sleep. They also collect pay for weekends spent
with the family and days spent on the golf course.
Annual Salary.

Many employees are paid a weekly or monthly salary.
Does the salary buy the employer unlimited AT Work/Working hours from these employees?

The 8th District Court decided that hourly paid telephone operators were to be paid for sleeping.
They were “Engaged to Wait”.

{Central Missouri Telephone Company v. Conwell (U.S Court of Appeals, 8th Circuit, 1948), a case cited in Part 785.21 of Wage and Hour Division.}

 

We man our Workstations so that We May Afford a Lifestyle!
Being Away from Home is Part Of The Job.
A Job is something one gets Paid To Do!
Are the Piece Work Wages paid today adequate for the Time they have been exchanged for?

Are we to believe that somehow we are NOT AT Work
DURING the time we are manning our Workstations
WHEN preforming the duties of the job
BY following Direction from our Employers
WHILE we are In Service to the Employer
WHEN We Are In Pursuit of Earning a Living???

Shouldn’t We Drivers seek Legislation that clears up this mess?

 

70hrs in 8 days.
8hrs and 45 minutes per day on average.
$1,392.00 for 8 days or 192hrs = $7.25 an hour.
$1,392.00 for 70 log book hours = $19.89 an hour.

60hrs in 7 days.
8hrs and 34 minutes per day on average.
$1,218.00 for  7 days or 168 hrs = $7.25 an hour.
$1,218.00 for 60 log book hours = $20.30 an hour.

11 minutes More production time per day = .41 cents Less per log book hour.
More Production Time For Less Pay???
This IS Simple Math!

 

Why are we allowing the ATA to lock the Baseline Minimum Wage in at .145 cpm per F4A Preemption, the Denham Language, if legislated?

$7.25hr divided by 50mph = .145 cpm.
$19.89hr divided by 50mph = .398 cpm.
$20.30hr divided by 50mph =.406 cpm.

$7.25hr times 70hrs = $507.50. The Current Baseline Minimum for 70hrs in 8 Days.
Let the Market Decide???
We Drivers are part of the Market!
Why aren’t WE Part of the Decision Making???

$20.30 X 70 Log Book Hours = $1,421.00.
This is the Baseline Minimum that We Should Strive For as OTR Drivers?
$20.30 an hour is based on the current Federal Minimum Wage and the HOS.

Hmmm, I wonder why the ATA wants to establish Piece Work Pay as the Standard, per F4A Preemption, for Payment to all Employee Drivers operating under Part 395, the HOS?

 

Line 1 “Off Duty” and Line 2 “Sleeper Berth” confuse the issue.

An employer may hire an employee to do the job of nothing as is the case of
Employee OTR Drivers.
Is the employer currently paying for ALL Time per Piece Work Wages?
This is their intent.

Per the regs, the Driver is Not Required to Sleep.
If the employer required the employee to sleep then they would have to pay the employee for sleeping.
The Driver is required to spend a 10hr block of time, in which they may Not Work.
This is per direction from the carrier per direction from the FMCSA.

This 10hrs is NOT “Stand By” time.
This Time is NOT “Off Duty” time as the Driver is required to be “Engaged to Wait”.
This Time IS “Non Production” time.
“Non Production Time” IS “Engaged to Wait” Time!
Is the Driver being fairly compensated for their “Engaged to Wait” time?

Is the Driver taking their MANDATORY 10hr break doing the job of nothing?
Have they left their homes and family to Do Nothing because they are Not AT Work??

“Waiting To Be Engaged” per the Federal Labor Law defines time in which the employee has the freedom to do as they please because they are Not In Service to the Employer.
In a truckers world, this amounts to “Requested or Planned Personal Time Off”.

An Independent or OO is paid to be “Engaged to Wait” as they are paid for the Time on a load per the piece work rate.

 

How does Line 1 “Off Duty” cover both “Engaged To Wait” and “Waiting To Be Engaged” Time?
“Sleeper Berth” only defines a location.
“Sleeper Berth” may be where the Driver is located while they are “Engaged To Wait”.

“Off Duty” needs to be replaced with “Waiting to be Engaged” to reflect requested or planned personal time off.

“Sleeper Berth” needs to be replaced with “Engaged To Wait” to reflect All Time the OTR Driver is “In Service to the Employer”.

{Title 29, Part 785 of the Code of Federal Regulations § 785.7 Judicial Construction
and § 785.15 On Duty.}

 

A Driver is “Engaged to Wait” while taking their Mandated 10hr break.
They are “Engaged to Wait” in order to preform the next Duty Of The Job!
They are “Engaged to Wait” at the Direction of the Carrier who Requires them to Operate in Compliance of the Regulations per the FMCSA.

A 10hr block of time spent Not Working is a job duty that must be preformed no different than the carrier requiring a 6hr block of time be spent Waiting to load/offload or an 8hr block of time be spent Driving.

Why are Employee OTR Drivers, for the most part, only paid when driving?
Being “Engaged To Wait” is preforming a Job Duty!

 

Detention Time Is “Non Productive Time” per California State Labor Law!

California requires that Employee Drivers be Paid “Non Productive Time”.
Being logged “On Duty Not Driving” is not a requirement that has to be met.
ELD’s provide the needed documentation!
F4A preemption will put an end to this California practice before other states adopt the practice of requiring Employee Drivers Be Paid for doing their Job!

No wonder the ATA is seeking F4A Preemption to have a Federal Labor Law in place for Drivers who operate under Part 395.

F4A Preemption will eliminate the Individual States Rights to have Labor Laws that Protect Drivers!
States Labor Laws protect ALL employees working within the state!
Labor Laws are within the realm of States Rights!

 

Today, a Driver may log “Off Duty” provided that they have been Relieved of All Responsibility.
A Driver logged “Off Duty” has the freedom to do as they please “Irrespective of the Means or Opportunity” to do as they please per the 2013 rewrite of the definition of “Off Duty”.

Exactly how does a Driver have the Freedom to do as they please when they are
AT Work/Working???
OTR Drivers have little presence in Their Community as it is many miles away.
They can’t work on their yard, house or garden.
They can’t enjoy working in their garage or on their car.
They can’t sleep with their spouse or spend time with the kids.
They can’t hang out with friends at church or at the bar.
They can’t go hunting, camping or to the mall shopping unless by chance.

When a Driver is logged “Off Duty” exactly who has assumed the Drivers responsibilities?
Has the shipper/receiver or the carrier assumed the responsibilities of the Driver while the unit is being loaded/offloaded making the Driver “Off Duty” EVEN THOUGH
the Driver is “Engaged to Wait”
while being “In Readiness to Preform Work”
while being “In Service to the Carrier”???

Does this mean that an Independent Driver may log “Off Duty” as He/She the Independent Carrier has assumed responsibility?
How does that work?

Exactly how have I been relieved of responsibility for my property, without any documentation, when someone else has assumed responsibility for My Property?
What assets or insurance are in place or required when a separate party verbally Assumes All Responsibility???

 

The current system is based on Income Earned while producing pieces Driving.

How would “Milage Plus Hourly” work when the Employee Driver is Not required to be paid Hourly because they are legally logged “Off Duty”?

Is the Employee Driver, who is legally logged “Off Duty”, supposedly not “Engaged to Wait” making them ineligible for detention pay?
This is what the carriers would have us believe.
This is what F4A preemption is designed to clarify, to the carriers advantage.

Go for “Milage Plus Hourly” Drivers, roadblocks are already in place to deny the Employee Driver Detention Pay.
The carriers want you to pursue “Milage Plus Hourly” because they have already rigged the system!!!

The idea of Hourly pay should also be thrown out the window unless we are willing to accept $507.50 a week as the Baseline Minimum for 70hrs worked in 7 days as the 34hr restart makes possible.

F4A Preemption eliminates Detention Time Pay unless the carriers, out of the goodness of their hearts, decide to throw Employee Drivers a Bone!

How does an Independent or OO successfully charge for Detention Time when the competition doesn’t???

 

Do we actually have FREEDOM to do as we please when we are At Work/Working OR does the JOB grant us Liberties While We Are AT Work/Working?

Who owns the Employee OTR Drivers Time while they are AT Work/Working??
How much have these Drivers Sold Their Time For???
Have Employee OTR Drivers sold 168hrs in exchange for Pay Per Pieces Produced should the employer assign them Pieces To Produce????
Are they earning Minimum Wage when ALL Time on the Job is Considered???

In order to have the same standard of living, a self employed contractor competing against employees within the same skill set must earn approximately 42% more than that of the average employee practicing the same skill set.

We Independents and OO’s need to stand behind the Employee OTR Drivers and Support an Effort to get them PAID For ALL TIME on the Job!

F4A Preemption will affect All of Our earning potential!!!

{Title 29, Part 785 of the Code of Federal Regulations § 785.21 Less than 24-hour duty and
§ 785.22 Duty of 24 hours or more.
49 CFR §392.1   Scope of the rules in this part and §392.2   Applicable operating rules.}

 

Any other industry passes the cost of regulation off on the regulators,
“We The People”.
We Drivers Are Absorbing the Cost of Regulations
Through Stagnant and Low Wages.

There are over 550,000 carriers and over 3.5 million Drivers.
Obviously there are more Employee Drivers than Independents and OO’s.
As long as the Employee Driver works for next to nothing, WE Independents and OO’s have to compete against “Next To Nothing”.
We end up earning a substandard living because we do nothing to Lift UP our Co-Workers!

Employee Drivers, Labor, NEED to stand up to the employers, Management, and demand to be paid for ALL OF THEIR TIME spent preforming the duties of the Job per the FMCSR’s!
We Independents and OO’s Need to Back Them Up!

 

As Long as Employee Drivers are Poorly Paid,
Carrier Lease Purchase Programs are Profitable!

WE Drivers have not Learned simple business.
The Lease Truck Has To Be Cheaper Than The Company Truck
Or
The Lease Truck IS NOT NEEDED.

A $1.00 a mile is paid and a $1.00 a mile is normal since the 1980’s.
WE ALL have to compete against $1.00 a mile!!!

Don’t Haul Cheap Freight!
Cheap Freight Relies On Cheap Labor!!
Lease Purchase Programs Provide Cheap Labor!!!

 

Many think my ideas of Paying Employee Drivers 24/7
for being AT Work/Working are Unrealistic.

So does that mean that the rest of you start the negotiations with unrealistic, Low Ball Numbers?
That would be one explanation as to why we produce more and more
while our wages steadily go DOWN!!!

The ATA, through F4A Preemption, has proven that it is possible to seek the implementation of a Federal Labor Law specific to Employee Drivers operating under Part 395.
If the ATA prevails, they will have effectively locked in Piece Work Pay as the Standard at a minimum baseline rate of .145cpm to the Employee Driver.

Do We Drivers Want Piece Work Wages to be the industry Standard for Paying Employee Drivers???
Shouldn’t We consider a Time Based Method now that Time Clocks, ELD’s, have been pushed through by the ATA?

Hmmm, Maybe This Is The Real Reason WHY the ATA Has Fought For F4A Preemption Since the Early 2000’s!

Pat Hockaday (JoJo)

 

Title 29, Part 785 of the Code of Federal Regulations
U.S. Department of Labor Wage and Hour Division
https://www.dol.gov/whd/regs/compliance/WH1312.pdf