I understand what your sayin GMAN but i think they would just keep what they save. And not give it to the driver.

 

Sorry I vanished. DH was coming through the area, so the kids and I loaded up to go visit for a bit before he had to go on to his drop.

Anyway, I wanted to thank everyone for their input and comments. He did clarify that traffic is also in the list of acceptable reasons to be late. I guess I missed that the first time I read it.

When they are given a load they are asked if they can make it. If they say yes, then they are held to this standard. If they say no...well, I don't know what they would do. I asked him to find out.

This policy started after they had a problem with several drivers taking 3 days to go 500 miles. They started losing clients because of it is what the Operations guy said when he brought the form around to everyone. This is a policy they just put into effect last month.




On the bumper thing, well it wasn't my DH or his company like I said. So, called my friend up to ask about it, and well, when he hired on he signed a form agreeing to this. So, guess that would make it legal.

 

your friend is a fool :roll:

 

I have to agree here. This would be my biggest concern. I agree with GMAN that getting this up front is a respectable and legitimate practice, and that there is no legal reason why a company could not impose these policies. I disagree about minimum wage. I think the fact that we are FLSA-exempt means we have no minimum wage either.

As to the policies themselves, the accident/damage policy sounds like it could be expensive, and that would make me leery. Excrement occurs. The company we're leased to has a policy whereby the driver is responsible for ponying up the first $500 if the equipment is ever damaged. That was up front, and it seems reasonsable, but it could be expensive, so I'm highly motivated to BE CAREFUL, which is the point of the policy.

The late policy does raise my eyebrows, because there is clearly no guarantee that delay due to accident would be an approved excuse. I've been late twice since I started this new job. One mechanical problem, and one really outstanding fuster cluck of an accident that held me by more than FOUR HOURS. I got conflicting information about it, and I made the wrong choice to go ahead and roll through. I didn't get a heads up in time to really weigh my options. I only had a few seconds to choose, and I didn't choose wisely that time. If the company had held my inability to be all-knowing against me, it would have seriously pissed me off. If they had docked my pay over it, I would have told them to KMFA, and gotten a real job somewhere else.

So the lack of an accident ahead disclaimer does trouble me.

 

My understanding of employment laws from my management days says that the first senerio is probably legal, but would open up the company in question to major liabilites if they tried to pinch a smart driver under the wrong conditions. Considering the subjective nature of determining when a late is 'acceptable' I would think its more of a ploy to dock paychecks as opposed to bettering their staff.

The second senerio would not be legal in my state either (I do not know your local laws.) Also, in regards to "agreeing" to pay for damages, contract law in the US automatically voids any contract that violates local laws - you cannot be contractually obligated to pay for damages the state says you're immune to. Therefore (citing the above example) if PA law mandates that employees shall not be finacially responsible for damage to company property then it would be their own stupidity for allowing the company to withold any funds for scratching up their dump trucks.

Employee rights laws are fiercely defended in the US. Should a driver be responsible for their truck? The nobel answer is 'of course,' but legally speaking (at least where I come from) the answer is no.

 

[Figures are for example only. Have no idea of real costs.]

Ins. Co: We can write you a collision policy for your 10 trucks with a $500 deductible on each for say...... $800,000 / yr.

Owner: What else ya got?

Ins Co: Well, we can drop that price to $250,000 / yr, if you want to raise your deductible to $2,000 per truck.

Owner: I'll TAKE it!! (Note to self: Be sure to have all drivers sign contract to pay the deductible.) Ha Ha Ha -which way is my bank from here? Ha Ha Ha!!!

Fits the description of "shady" to ME!! But, if you don't like THAT word.... try CHEAP, UNFAIR, SELFISH, UNSCRUPULOUS, whatever works for you.

 

There is nothing unscrupulous or shady about having a driver sign a contract to be responsible for a deductible on damage he causes as long as it is agreed to in writing in the beginning. If it is made as a condition of employment, there is nothing unethical about it. The employee doesn't have to agree to it. If he doesn't like it, he can always go somewhere else to find a job. Now, if the agreement is done after the fact, then that could be more of a problem. At that point, he can either agree or find another job. That could be considered coercion if done after the fact. I don't see why something would be considered unethical or shady if agreed to by both parties in the beginning. :shock:

 

Then, using this defense, I don't see anything shady, unethical or "abusive" about a company trying to get someone to "backhaul" his freight at a fraction of the going rate.... or a company/owner operator who is willing to undercut others to GET that load. Yet we all agree that it has nearly destroyed the income potential for truckers, and is just more of the "more money for ME" mentality of big business.

I understand your point about it being UP FRONT and in writing. I just don't consider it an ETHICAL way for a company to protect its profits by lowering ITS expenses.

If it is YOUR truck, and you have insurance, and I break a fender.... then "I" pay to replace it..... do I now own part of that truck AND a prorated part of its profits? That is MY fender on that truck. If you resell it after 3 years you will get more for it because it has MY new fender on it!

I accept paying the deductible for repairs on MY automobile, because "I" will reap the rewards of the resale value. But my COMPANY'S truck??? I don't think so!

 

Except for the small, somewhat miniscule issue of it being ILLEGAL...

You cannot sign law away with a peice of paper. Sure, if your a good guy and like your company and feel the damage was your fault there is no law saying you can't fork over for the headache you caused - that makes you a decent person. When a company deducts funds for damages to their vehicles with, or without consent they are breaking the law.

Employee damage is the cost of doing business in the US - employees steal, they screw up numbers, and they accidently run over kittens - all of which is considered normal business. As employer the most you can do is terminate their contract, make em quit, or file for restitution - you cannot dock pay.

 

You're wrong there. You can be charged for damage you cause. Some states have laws that forbid that. But some don't and you are liable.