Do you start your lunch break when you arrive, or start driving, to your break destination?

OrionIsDaddy

Well-Known Member
We are entitled to be paid for all work performed He was instructed (forced) to drive a vehicle while not being paid. Not asked to. That is wage theft. The discusion pertained to package. Not feeders.

"Let's clock out and go get some lunch, you want to drive?"

What would be ILLEGAL about that.


We have a guy on TAW who asked if he could use a rental to go get lunch. Center manager said yes... was that illegal? What law is being broke.

In your original post you said it was illegal to operate the vehicle if you aren't getting paid... again, I'm not saying you should or not. I'm just arguing the legality of it
 
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Overpaid Union Thug

Well-Known Member
"Let's clock out and go get some lunch, you want to drive?"

What would be ILLEGAL about that.


We have a guy on TAW who asked if he could use a rental to go get lunch. Center manager said yes... was that illegal? What law is being broke.

In your original post you said it was illegal to operate the vehicle if you aren't getting paid... again, I'm not saying you should or not. I'm just arguing the legality of it
For those of us with the balls to refuse to operate equipment for free, and refuse to take breaks on trace, it’s illegal.
 

some1else

Banned
In your original post you said it was illegal to operate the vehicle if you aren't getting paid... again, I'm not saying you should or not. I'm just arguing the legality of it

hypothetical example;
I start at 8:15
Lunch 1300-1400
Punch out 2215 (which is called a Monday)

If I follow instruction and drive 10 minutes each way on my break time to the closest Wendy’s in the above scenario is it legal or illegal?
 

zubenelgenubi

I'm a star
"Let's clock out and go get some lunch, you want to drive?"

What would be ILLEGAL about that.


We have a guy on TAW who asked if he could use a rental to go get lunch. Center manager said yes... was that illegal? What law is being broke.

In your original post you said it was illegal to operate the vehicle if you aren't getting paid... again, I'm not saying you should or not. I'm just arguing the legality of it

It is illegal for the company not to pay you while you conduct the duties of your job. Why is that hard to understand?
 

AKCoverMan

Well-Known Member
hypothetical example;
I start at 8:15
Lunch 1300-1400
Punch out 2215 (which is called a Monday)
Y
If I follow instruction and drive 10 minutes each way on my break time to the closest Wendy’s in the above scenario is it legal or illegal?
So the “legality” of driving off duty is going to be a civil thing. of course if you have a license it’s legal to drive but what happens in civil litigation if there is a crash is a different story.

But if that’s your “closest“ spot to get food, use restroom, take break/lunch then you are giving company 20 unpaid minutes you should not have to. If your top rate RPCD that’s like $20.
 

some1else

Banned
So the “legality” of driving off duty is going to be a civil thing. of course if you have a license it’s legal to drive but what happens in civil litigation if there is a crash is a different story.
My example was to illustrate that if you spend your break time driving instead of taking a break it can cause a hours of service violation.
 

eats packages

Deranged lunatic
My example was to illustrate that if you spend your break time driving instead of taking a break it can cause a hours of service violation.
That entirely depends on whether you and your management team actually record breaks in HOS on duty or off?

I see it from the moon now. They are spewing this lunch crap because very few people have definite knowledge on their rights regarding these break/lunch stops and even if they do. They might have nebulous routines that clearly are not designed to steal time but involve "what could be implied as" god i hate that phrase, false recording.

At the end of the day. Real working folks are using their time to rest and eat in a way that makes sense to them. Makes sense in the context of their route. Makes sense from a perspective that they are already doing their best not to blur the lines and steal time. And no amount of contract language or diad recording updates or automated systems are going to be able to completely differentiate what it is they are doing in a far more aggressive question "are they stealing time" "false records keeping" they are evil phrases that pretend to have an easy yes or no answer but the reality is far from it. A panel that votes yes/no on this needs to vote yes/no to exit from their disgusting position of power which they can do any time they want.
 
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