Can management force a courier to take a break?

[newgirl]

New DOT regulations as of July 1st state that you must take at least a half hour break BEFORE you hit 8 hours. This is from the time of punch in. It has to do with driver fatigue. The break should not be taken in the first hour or the last hour of your shift. Our managers went over this last week with us. I'm not sure about the vehicle out of service situation though.
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This is the new rule, federal- so I think it covers all of us. It is an HOS if you don't get at least a half before you work 8. (We are all DOT, right?)News Release - Federal Motor Carrier Safety Administration

Since every district seems to make up their own rules about break and driving on break, I will just add that about 3 or 4 years ago we were told we have 8 minutes to split up before and after break. So, it could be 4 mins after last scan to 4 minutes to first scan after break or however you want to break it up.

 

[whenIgetthere]

This is the new rule, federal- so I think it covers all of us. It is an HOS if you don't get at least a half before you work 8. (We are all DOT, right?)News Release - Federal Motor Carrier Safety Administration

Since every district seems to make up their own rules about break and driving on break, I will just add that about 3 or 4 years ago we were told we have 8 minutes to split up before and after break. So, it could be 4 mins after last scan to 4 minutes to first scan after break or however you want to break it up.

Here we have 5 before and 5 after, but most ignore it. Was talking to a courier last week and she mentioned that she gets some pick-ups while still on break. I asked her what would happen if she were in an accident while still on break, she had no answer. I told she'd be 'screwed', but I don't think I broke through that thick noggin!

 

[MrFedEx]

Here we have 5 before and 5 after, but most ignore it. Was talking to a courier last week and she mentioned that she gets some pick-ups while still on break. I asked her what would happen if she were in an accident while still on break, she had no answer. I told she'd be screwed', but I don't think I broke through that thick noggin!

Perfect example. Management loves that she is working through her break, so they ignore it. BUT, if she gets in an accident, gets a ticket, or on their bad side, even one of our crack management team can make (and prove) the case for instant termination. Don't do anything for free, especially something that can easily get you canned.

 

[NonyaBiznes]

We had a storm with massive lightening. As we waited for the plane to land, our manager told us to go into a break (she is a funny individual). A "code 43" was placed on my time card and I took my hour break later on. Now mind you, we were actually stuck in our trucks waiting for the "blue lights" to go off. But hey, who gives a rats about getting electrocuted. Run into the break room and get your lunch out of the frig and eat it @ 5 AM.

 

[GROUNDIsAHugeSCAM]

Force me to take a break???? I volunteer for breaks every chance I get. Especially lunch breaks.

 

[Five Star]

Knowledge is power. If you don't know the labor laws in your state you are always going to be used. In all states, you cannot be forced to "work" when you are off the clock. (The original question has nothing to do with break rules, i.e. 6 hour, 8 hour,etc). Ricochet1a give great advise. You're only responsibility when on break is to (before you punch out) secure your vehicle and make sure it is safely parked. Once you are off the clock you cannot be held responsible for what happens to the truck (holding you responsible would mean that you are "working" for the company and need to be paid). If you are told to "wait for the tow truck" then you should be on the clock, as you are currently following orders. If you are told to "go on break" then you go on break and leave the truck (secured) if you wish to. Now, if you are stranded in the middle of nowhere or cannot leave the truck due to weather conditions, some Labor Law lawyers would argue that you need to get paid since being stranded was due to your actions on behalf of the company. Like with everything else FedEx managers try to get away with, it is only worth arguing if you are prepared to follow it through. 99.99% of employees won't call a lawyer and hence, nothing will ever change (although losing $54 million in California certainly got the punch in rules changed fast, didn't it?!!)