What are your thoughts on the news that truckers fall under the Maritime Labor Laws?
It was reported that Bozo used to say that truckers fell under those laws.
Basic facts on the Maritime Labour Convention 2006.
The Maritime Labour Convention, 2006 (“MLC, 2006”) establishes minimum working and living standards for all seafarers working on ships flying the flags of ratifying countries. It’s also an essential step forward in ensuring a level-playing field for countries and shipowners who, until now, have paid the price of being undercut by those who operate substandard ships.
While there are similarities between Maritime Labor Law and Title 29, Part 785 of the Code of Federal Regulations U.S. Department of Labor Wage and Hour Division,
we Interstate and Intrastate Drivers are governed by US Law concerning the methods and amount rendered for our services.
Maritime Rule is a broad term that covers A LOT of ground, national and international.
It appears to me that the question needs to be narrowed down as to the similarities between the US Merchant Marines, US Pilots and Crew, Engineers and Train Crews as well as US Employee Truck Drivers in how they are paid and for what duties.
Lets assume that US Maritime Law falls under the Dept. of Transportation and that there would be a governing office similar to the FAA, the Railroad Commission and the FMCSA. The Maritime Safety Regulations would define duties to be preformed just as the FMCSR’s, FAA guidelines and the Railroad Commissions guidelines define for these segments of the industry.
Operational guidelines are under the Dept. of Transportation.
They prescribe the duties of the job and time frames in which they may be preformed.
Under the Dept. of Labor, Federal Labor Code and the Fair Labor Standards Act establish standards that define conditions that have to be met when determining employees are being fairly compensated for time spent preforming the “Duties of the Job” while “In Service to the Employer”.
The Federal Minimum Wage or the Prevailing Minimum Wage is the pay standard that has to be met for all working hours for all employees.
They prescribe conditions that have to be met to determine if the employee is AT Work/Working and therefor are required to be paid.
If the employee is “Waiting to Be Engaged” because they have adequate time in particular locations under specific conditions creating an atmosphere permitting the employee to have “The Freedom to Do As They Please” they are not required to be paid.
There is a difference between having “The Freedom to Do As They Please” and having “Liberties to Do As They Are Able”.
These two terms in the Federal Labor Code are significant.
“Waiting to Be Engaged” meaning personal time off or the freedom to do as one pleases.
“Engaged to Wait” meaning time that is considered working time even though no manual or mental exertion has been preformed.
The method and contract by which the employee is paid must be considered in establishing that the employee is being paid at least the prevailing minimum wage for all working time that includes being “Engaged to Wait”.
“Salary” generally establishes how much work is to be preformed within an agreed upon time frame for an agreed upon price. Work preformed can be measured in time or in production.
“Hourly” pays the employee for their time devoted to the employer.
“Piece Work” pays the employee per piece produced while under the control of the employer.
§ 785.7 Judicial Construction. (Partial)
Subsequently, the Court ruled that there need be no exertion at all and that all hours are hours worked which the employee is required to give his employer, that “an employer, if he chooses, may hire a man to do nothing, or to do nothing but wait for something to happen. Refraining from other activity often is a factor of instant readiness to serve, and idleness plays a part in all employments in a stand-by capacity. Readiness to serve may be hired, quite as much as service itself, and time spent lying in wait for threats to the safety of the employer’s property may be treated by the parties as a benefit to the employer.”
Side Note; “and time spent lying in wait for threats to the safety of the employer’s property may be treated by the parties as a benefit to the employer.”
If the Employee Driver is “Relieved of All Responsibility” they are thereby “Waiting to Be Engaged”. If the unit was damaged or broken in to, It can not conceivably be the Employee Drivers responsibility to take any action.
Actions to be taken would fall on the shoulders of the party who had relieved the employee from all responsibility.
If the employee who was “Waiting to Be Engaged” is required to take action then they were in fact “Engaged to Wait” when the incident occurred.
It is obvious that the employee was never “Waiting to Be Engaged” and should have been paid for this time.
The employer may not decide after the fact that the employee was “Engaged to Wait”.
§ 785.22 Duty of 24 hours or more. (Partial)
(a) General. Where an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than 8 hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night’s sleep.
Airlines and boats operate on a planned and structured schedule making reasonable scheduling of sleep periods fairly routine.
As Drivers, have we agreed to exclude our bona fide regularly scheduled sleeping period or have we had this forced on us?
A Driver may sleep all night to sit all day, unpaid, to then be expected to work all night.
“Readiness to serve may be hired, quite as much as service itself” meaning that the time the Driver spent “Engaged to Wait” in order to work all night is to be time that is compensated.
The 14hr rule has done a lot to improve the Drivers irregular schedule but it still remains irregular unless the Driver takes control of the schedule.
First and foremost, the Driver needs to be able to Afford to take control of their sleep schedule.
They have to be able to turn loads down that they feel they can not safely service.
Would this mean that the Employee Driver would be taking “Personal Time Off” and would be “Waiting to Be Engaged”
Would it mean that the Driver is refusing to work as is grounds for termination?
In either case, the Driver should be unpaid unless they have sick or vacation days to work off of.
The airline crew is provided hotel rooms. Eating establishments are readily available.
The ships crew has readily available bathroom/shower facilities as well as the crews mess hall and recreation room.
An Employee OTR Driver has a bed, a bag to poop in and a bottle to pee in. If lucky, they may have a refrigerator.
The schedule dictates that the Driver go as far and as fast as possible.
HOS limit the Drivers drive time.
The OTR Driver sleeps where they stop.
As we are in perpetual motion all of the time it is comparable to an office worker never leaving the office. We basically have a sleeping cot in our cubicle.
By who’s definition is a truck considered an adequate sleeping facility?
Inadequate parking and the need to be onsite to load/offload can mean that the Driver may not be able to regularly enjoy a scheduled, uninterrupted, night’s sleep.
Continuous movement of trucks/equipment, backup alarms, reefer units, idling trucks and noise from production plants can make sleeping difficult as every night is different making adjusting to the noise impossible.
Three hours into my sleep last night I was awakened by the dumpster truck. Two hours later I was awakened by the incoming work crew. An hour later a truck was trying to back in next to me.
I have been fatigued all day because I had a bad sleep experience last night.
If I had of been in a hotel room would things have been different?
If I had a Co-pilot or First Mate to handle the business of the truck while I was taking my 10hrs, how would it be possible to permit this co-worker 10hrs in a hotel room now that the shipment needs to be moved?
“not more than 8 hours”
Except for utilizing the 8/2 split we are required to have a 10hr block of time in which we may not work.
The Employee OTR Driver is required to give his employer, that “an employer, if he chooses, may hire a man to do nothing”, a 10hr and a 30min block of time, Job Duties that must be preformed.
These Non Productive periods are mandated in that the employee is required Not To Work to ensure safe job performance in the public realm.
By not following the direction of the employer and adhering to these Mandated Breaks the employee may be reprimanded or terminated.
Principles used in fashioning the FLSA and Federal Labor Code were pre sleeper truck as we know them today.
The Overtime exemption in the FLSA made sense as 40hrs regular time and hundreds of hours overtime for weeks spent on the road is nonsense considering that the Drivers had hotel rooms furnished to them.
Piece Work Pay Made Sense.
Deregulation opened up the door for the Outlaw Contract Carriers to take over the market with Predatory Pricing making it possible to ignore Federal Labor Standards in favor of the commonly Cheated FMCSR’s!
The introduction of ELD’s has further complicated these predators pay scams as the Employee OTR Driver will be tracked and monitored for the duration of the multiple day, week or month work shift.
ELD’s make it possible to verify the employees location and time ensuring that the Driver is Preforming the Duties of the Job as Directed.
The Employee OTR Drivers are not supervised and monitored when they are at home.
Most of US know that time is relevant.
ELD’s provide the tool to pay Employee OTR Drivers for ALL TIME while they are under supervision by their employers while they are “In Service to their Employer”.
I propose a hybrid of Hourly and Salary that will work with a 7 day payroll while fairly compensating the Employee OTR Driver for their time AT Work/Working within a rolling clock within the rolling calendar.
All Time spent AT Work establishes a minimum amount to be paid that can be exceeded by working more than the Purchased Log Book Hours if directed to do so.
At $10.00 an hour a 24hr period = $240.00 minimum
$240.00 buys 8.75 log book hours at the rate of $27.43 an hour.
12 log book hours worked exceeds the $240.00 minimum and would pay the Driver $329.16.
This creates a ratio of 2.742 hours of being in Service to the Carrier equaling 1 Log Book Hour.
At $10.00 an hour a 7hr period = $70.00 minimum.
$70.00 buys 2.55 log book hours at the rate of $27.43 an hour.
6 log book hours worked exceeds the $70.00 minimum and would pay the Driver $164.58.
The sum of the daily totals within the 7 day payroll would be the Employee OTR Drivers earnings that are paid.
The carriers need to pay for the time that the Drivers have sold them.
It is the carriers job to manage the Log Book hours that they have purchased.
Pat Hockaday (JoJo)