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DIAD V camera.
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<blockquote data-quote="TooTechie" data-source="post: 1363551" data-attributes="member: 28388"><p>Nope, I know you love playing devil's advocate, but once again the self proclaimed know it all doesn't. </p><p></p><p>If someone smashed open the rear door of the truck and stole all the packages or the DIAD while I was on lunch--if I've parked the truck in the safest place possible (within reason) and made sure the bulkhead and rear door is closed/locked I've done my due diligence. I am not being paid to guard the truck, the diad or the packages during my <strong>unpaid</strong> lunch period. I can go to a movie theater and watch an hour of a movie...I can go swimming...I can get a massage...I can go skydiving if I so choose. If someone breaks into the truck it's not my problem. </p><p></p><p>Wanna know why? It's the LAW! </p><p></p><p>Fair Labor Standards Act and the Department of Labor, Title 29, Part 785.</p><p>§785.16</p><p>(a)</p><p>General. Periods during which an employee is <strong>completely relieved from duty</strong> and which are long enough to enable him <strong>to use the time effectively for his own purposes </strong>are not hours worked.</p><p>(b)</p><p>Truck drivers; specific examples. A truck driver who has to wait at or near the job site for goods to be loaded is working during the loading period.<strong> If the driver reaches his destination and while awaiting the return trip is required to take care of his employer’s property, he is also working while waiting</strong>. In both cases the employee is engaged to wait. Waiting is an integral part of the job.</p><p>There is lots of case law proving it...</p><p></p><p>Skidmore v. Swift,</p><p>323 U.S. 134, 137 (1944);</p><p></p><p>Walling v. Dunbar</p><p>Transfer & Storage,</p><p>3 W.H. Cases 284; 7 Labor Cases</p><p>para. 61,565 (W.D. Tenn. 1943);</p><p></p><p>Gifford v. Chapman,</p><p>6 W.H. Cases 806; 12 Labor Cases para. 63,661 (W.D.</p><p>Okla., 1947); </p><p></p><p>Thompson v. Daugherty,</p><p>40 Supp. 279 (D.</p><p>Md. 1941))</p><p></p><p>and a great example...<em>Brinker Restaurant Corp. v. Superior Court. </em></p><p>The court found employers have <em>"an affirmative obligation to ensure the workers are actually relieved of all duty"</em> during meal breaks.</p><p><strong>"We conclude an employer's obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he or she desires," </strong>Justice Kathryn Mickle Werdegar wrote in the unanimous decision.</p><p></p><p>Sooooo yeah, I AM NOT responsible for jack <img src="/community/styles/default/xenforo/smilies/group1/censored2.gif" class="smilie" loading="lazy" alt=":censored2:" title="Censored2 :censored2:" data-shortname=":censored2:" /> while on my unpaid meal period. Next?</p></blockquote><p></p>
[QUOTE="TooTechie, post: 1363551, member: 28388"] Nope, I know you love playing devil's advocate, but once again the self proclaimed know it all doesn't. If someone smashed open the rear door of the truck and stole all the packages or the DIAD while I was on lunch--if I've parked the truck in the safest place possible (within reason) and made sure the bulkhead and rear door is closed/locked I've done my due diligence. I am not being paid to guard the truck, the diad or the packages during my [B]unpaid[/B] lunch period. I can go to a movie theater and watch an hour of a movie...I can go swimming...I can get a massage...I can go skydiving if I so choose. If someone breaks into the truck it's not my problem. Wanna know why? It's the LAW! Fair Labor Standards Act and the Department of Labor, Title 29, Part 785. §785.16 (a) General. Periods during which an employee is [B]completely relieved from duty[/B] and which are long enough to enable him [B]to use the time effectively for his own purposes [/B]are not hours worked. (b) Truck drivers; specific examples. A truck driver who has to wait at or near the job site for goods to be loaded is working during the loading period.[B] If the driver reaches his destination and while awaiting the return trip is required to take care of his employer’s property, he is also working while waiting[/B]. In both cases the employee is engaged to wait. Waiting is an integral part of the job. There is lots of case law proving it... Skidmore v. Swift, 323 U.S. 134, 137 (1944); Walling v. Dunbar Transfer & Storage, 3 W.H. Cases 284; 7 Labor Cases para. 61,565 (W.D. Tenn. 1943); Gifford v. Chapman, 6 W.H. Cases 806; 12 Labor Cases para. 63,661 (W.D. Okla., 1947); Thompson v. Daugherty, 40 Supp. 279 (D. Md. 1941)) and a great example...[I]Brinker Restaurant Corp. v. Superior Court. [/I] The court found employers have [I]"an affirmative obligation to ensure the workers are actually relieved of all duty"[/I] during meal breaks. [B]"We conclude an employer's obligation is to relieve its employee of all duty, with the employee thereafter at liberty to use the meal period for whatever purpose he or she desires," [/B]Justice Kathryn Mickle Werdegar wrote in the unanimous decision. Sooooo yeah, I AM NOT responsible for jack :censored: while on my unpaid meal period. Next? [/QUOTE]
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