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Can management force a courier to take a break?
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<blockquote data-quote="Five Star" data-source="post: 1177304" data-attributes="member: 48746"><p>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). <a href="http://www.browncafe.com/forum/members/ricochet1a/" target="_blank"><strong>Ricochet1a</strong></a> 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?!!)</p></blockquote><p></p>
[QUOTE="Five Star, post: 1177304, member: 48746"] 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). [URL="http://www.browncafe.com/forum/members/ricochet1a/"][B]Ricochet1a[/B][/URL] 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?!!) [/QUOTE]
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