Omega man
Well-Known Member
UPS is trying to get drivers to begin their lunch at their last stop or when we break trace from EDD. This would not only be a DOT violation but also would violate Federal Labor Law.
It is a DOT Hours Of Service Rules violation for UPS to force us to operate our vehicles on part of our lunch hour, even if for only a few minutes. "Breaking trace" would include some amount of driving to and from a lunch location. We our considered “On Duty” for all the time at the controls of our vehicles. UPS is logging us "Off Duty" for our whole lunch hour (our DIAD is our log). UPS is violating the law by under-reporting our “On Duty” time.
We cannot be forced to take our lunch on trace because UPS does not provide restroom facilities in our vehicles. We have a basic right to be able to drive to a location to use a restroom before eating.
Federal Law also prevents an employer from forcing anyone to perform any part of his or her job (driving) while on lunch. See Fair Labor Standards Act.
We should be given a reasonable time and distance to drive to a lunch location and our meal period should start and end there, not somewhere on our route, like our last stop.
If you are disciplined for this, file a complaint with the DOT or the Department of Labor and watch UPS get fined.
UPS is simply trying to steal part of our lunch from us.
Fair Labor Standards Act
Code of Federal Regulations Pertaining to U.S. Department of Labor
Title 29
Labor
Chapter V
Wage and Hour Division, Department of Labor
Part 785
Hours Worked
Subpart C
Application of Principles
29 CFR 785.19 - Meal.
Section Number: 785.19
Section Name: Meal.
(a) Bona fide meal periods. Bona fide meal periods are not worktime.
Bona
fide meal periods do not include coffee breaks or time for snacks. These
are rest periods. The employee must be completely relieved from duty for
the purposes of eating regular meals. Ordinarily 30 minutes or more is
long enough for a bona fide meal period. A shorter period may be long
enough under special conditions. The employee is not relieved if he is
required to perform any duties, whether active or inactive, while
eating. For example, an office employee who is required to eat at his
desk or a factory worker who is required to be at his machine is working
while eating. (Culkin v. Glenn L. Martin, Nebraska Co., 97 friend. Supp. 661
(D. Neb. 1951), aff'd 197 friend. 2d 981 (C.A. 8, 1952), cert. denied 344
U.S. 888 (1952); Thompson v. Stock & Sons, Inc., 93 friend. Supp. 213 (E.D.
Mich 1950), aff'd 194 friend. 2d 493 (C.A. 6, 1952); Biggs v. Joshua Hendy
Corp., 183 friend. 2d 515 (C. A. 9, 1950), 187 friend. 2d 447 (C.A. 9, 1951);
Walling v. Dunbar Transfer & Storage Co., 3 W.H. Cases 284; 7 Labor
Cases para. 61.565 (W.D. Tenn. 1943); Lofton v. Seneca Coal and Coke
Co., 2 W.H. Cases 669; 6 Labor Cases para. 61,271 (N.D. Okla. 1942);
aff'd 136 friend. 2d 359 (C.A. 10, 1943); cert. denied 320 U.S. 772 (1943);
Mitchell v. Tampa Cigar Co., 36 Labor Cases para. 65, 198, 14 W.H. Cases
38 (S.D. Fla. 1959); Douglass v. Hurwitz Co., 145 friend. Supp. 29, 13 W.H.
Cases (E.D. Pa. 1956))
(b) Where no permission to leave premises. It is not necessary that
an employee be permitted to leave the premises if he is otherwise
completely freed from duties during the meal period.
It is a DOT Hours Of Service Rules violation for UPS to force us to operate our vehicles on part of our lunch hour, even if for only a few minutes. "Breaking trace" would include some amount of driving to and from a lunch location. We our considered “On Duty” for all the time at the controls of our vehicles. UPS is logging us "Off Duty" for our whole lunch hour (our DIAD is our log). UPS is violating the law by under-reporting our “On Duty” time.
We cannot be forced to take our lunch on trace because UPS does not provide restroom facilities in our vehicles. We have a basic right to be able to drive to a location to use a restroom before eating.
Federal Law also prevents an employer from forcing anyone to perform any part of his or her job (driving) while on lunch. See Fair Labor Standards Act.
We should be given a reasonable time and distance to drive to a lunch location and our meal period should start and end there, not somewhere on our route, like our last stop.
If you are disciplined for this, file a complaint with the DOT or the Department of Labor and watch UPS get fined.
UPS is simply trying to steal part of our lunch from us.
Fair Labor Standards Act
Code of Federal Regulations Pertaining to U.S. Department of Labor
Title 29
Labor
Chapter V
Wage and Hour Division, Department of Labor
Part 785
Hours Worked
Subpart C
Application of Principles
29 CFR 785.19 - Meal.
Section Number: 785.19
Section Name: Meal.
(a) Bona fide meal periods. Bona fide meal periods are not worktime.
Bona
fide meal periods do not include coffee breaks or time for snacks. These
are rest periods. The employee must be completely relieved from duty for
the purposes of eating regular meals. Ordinarily 30 minutes or more is
long enough for a bona fide meal period. A shorter period may be long
enough under special conditions. The employee is not relieved if he is
required to perform any duties, whether active or inactive, while
eating. For example, an office employee who is required to eat at his
desk or a factory worker who is required to be at his machine is working
while eating. (Culkin v. Glenn L. Martin, Nebraska Co., 97 friend. Supp. 661
(D. Neb. 1951), aff'd 197 friend. 2d 981 (C.A. 8, 1952), cert. denied 344
U.S. 888 (1952); Thompson v. Stock & Sons, Inc., 93 friend. Supp. 213 (E.D.
Mich 1950), aff'd 194 friend. 2d 493 (C.A. 6, 1952); Biggs v. Joshua Hendy
Corp., 183 friend. 2d 515 (C. A. 9, 1950), 187 friend. 2d 447 (C.A. 9, 1951);
Walling v. Dunbar Transfer & Storage Co., 3 W.H. Cases 284; 7 Labor
Cases para. 61.565 (W.D. Tenn. 1943); Lofton v. Seneca Coal and Coke
Co., 2 W.H. Cases 669; 6 Labor Cases para. 61,271 (N.D. Okla. 1942);
aff'd 136 friend. 2d 359 (C.A. 10, 1943); cert. denied 320 U.S. 772 (1943);
Mitchell v. Tampa Cigar Co., 36 Labor Cases para. 65, 198, 14 W.H. Cases
38 (S.D. Fla. 1959); Douglass v. Hurwitz Co., 145 friend. Supp. 29, 13 W.H.
Cases (E.D. Pa. 1956))
(b) Where no permission to leave premises. It is not necessary that
an employee be permitted to leave the premises if he is otherwise
completely freed from duties during the meal period.