New Break Rules In IL
Topic 33565 | Page 2
Isn’t this a similar situation to the marijuana laws where federal law supersedes state laws for truck drivers?
Yes, that is a great point Bruce.
Isn’t this a similar situation to the marijuana laws where federal law supersedes state laws for truck drivers?
Usually if one jurisdiction requires greater benefits than Federal laws, than those laws are in force. For instance, California has a much higher minimum wage requirement than Federal regulations. In the case of marijuana, the more restrictive regulation is the Federal law so it prevails.
I don't believe Marten is paying rest break pay out of the goodness of their heart but because California law requires it.
This is for the lawyers to figure out, I believe.
HOS:
Hours Of Service
HOS refers to the logbook hours of service regulations.
Harvey…
If California has a much higher minimum wage requirement than the federal wage requirement than it’s meets federal wage requirement and it does not need to be enforced. Otherwise it would be. Weed is legal in California is it not? It is Illegal across the board for truck drivers.
And I can post the links if you like in regards to the California rest law. It’s not required. But Marten maybe paying to err on the side of caution.
When I drove with Legends, they paid me those breaks in ANY state I was in. And they had listed all miles paid that I drove thru in each state, from Cal. to Tx or OK, usually round trips I made each week. I wondered why they did that, and figured later it was because they were based out of Yuba City, Ca. (actually my birth city, I've never visited) lol
HOS:
Hours Of Service
HOS refers to the logbook hours of service regulations.
what’s stopping them from saying all drivers coming across state lines have are now subject to this law like Bill asked?
If that's the case, the average speed on 294 is going to go supersonic just so drivers can cross the state line before getting forced to stick around longer for a break!
We where told last week that we now must take a 30 minute off duty break, before the start of our 12th hour on duty.
It had been 20 minutes before.
Nothing like wasting a hour of my day in a parking lot, instead of being at home a hour earlier.
Is the 30 minute break going to be paid at least?
We where told last week that we now must take a 30 minute off duty break, before the start of our 12th hour on duty.
It had been 20 minutes before.
Nothing like wasting a hour of my day in a parking lot, instead of being at home a hour earlier.
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From what I’ve just found Harvey. Multiple websites pretty much saying the same thing….
“As a result of these decisions, the law is clear that if a truck driver is subject to the FMCSA , that driver is not subject to the California overtime, or meal and rest break laws.”
It’s gonna be the same for Illinois.
CSA:
Compliance, Safety, Accountability (CSA)
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
FMCSA:
Federal Motor Carrier Safety Administration
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
Fm:
Dispatcher, Fleet Manager, Driver Manager
The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.