No double time over 60

Has anybody not been paid double time for working over 60 hours and been told they don’t have to pay it unless they implement the 7/70 rule for your area?
 

Bubblehead

My Senior Picture
"Pursuant to this paragraph"....what is there to grieve if the Company and/or Union doesn't enact the "70 Hour Rule" under the two scenarios outlined?

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542thruNthru

Well-Known Member
Locals don't like that they are forcing over 60 hours but not lifting the 70. They believe any hours over 60 for a driver should be double time.
 

DriverNerd

Well-Known Member
How can the company force over 60? Are they making people work inside? Or is DOT not enforcing HOS for now?
Read the DOT HOS. By law we are allowed to work 60 hours over a 7 day period, or 70 over an 8 day period. UPS usually keeps us on the 60/7, but there is no legal reason why we can't work 70/8.
 

zubenelgenubi

Well-Known Member
Read the DOT HOS. By law we are allowed to work 60 hours over a 7 day period, or 70 over an 8 day period. UPS usually keeps us on the 60/7, but there is no legal reason why we can't work 70/8.
From the DOT perspective, companies assign which employees will be subject to which rule. Since our contract restricts when they can use the 70 hour rule, going over 60 would be a violation. That's the way I see it, anyone feel free to correct me.
 

DriverNerd

Well-Known Member
From the DOT perspective, companies assign which employees will be subject to which rule. Since our contract restricts when they can use the 70 hour rule, going over 60 would be a violation. That's the way I see it, anyone feel free to correct me.
The law only says how many hours any particular driver can drive in a set amount of days. That is all. They do not care which rule companies use as long as the hours are less than the maximum for any given time. The DOT does not care what our contract says.
 

zubenelgenubi

Well-Known Member
The law only says how many hours any particular driver can drive in a set amount of days. That is all. They do not care which rule companies use as long as the hours are less than the maximum for any given time. The DOT does not care what our contract says.
Regulations Section

"Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?

Guidance:

Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier."

The company assigns which drivers will be on which rule, per DOT. Since the company is limited by the contract when they can use the 70 hour rule, they must assign all package drivers to the 60 hour rule, and going over would be a violation.
 

DriverNerd

Well-Known Member
Regulations Section

"Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?

Guidance:

Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier."

The company assigns which drivers will be on which rule, per DOT. Since the company is limited by the contract when they can use the 70 hour rule, they must assign all package drivers to the 60 hour rule, and going over would be a violation.
The 60 vs 70 rule is not determined the week prior by the employer for the DOT to watch. UPS does not "assign" us to the 60 hour rule. Any company that follows all laws can switch from 60 to 70 anytime they want. The DOT doesn't care how the companies run as long as the hours fit within the law.
 

zubenelgenubi

Well-Known Member
The 60 vs 70 rule is not determined the week prior by the employer for the DOT to watch. UPS does not "assign" us to the 60 hour rule. Any company that follows all laws can switch from 60 to 70 anytime they want. The DOT doesn't care how the companies run as long as the hours fit within the law.
Ok, taking the information I quoted, it says it is up to the carrier to assign individual drivers to the 60 hr or 70 hr rule. Assuming a carrier assigns a driver to the 60 hr rule, and the driver goes over, but stays within the 70 hr rule, you're saying there is no violation? If so, what's the point of assigning drivers to a rule, or giving even giving companies discretion?
 

DriverNerd

Well-Known Member
Ok, taking the information I quoted, it says it is up to the carrier to assign individual drivers to the 60 hr or 70 hr rule. Assuming a carrier assigns a driver to the 60 hr rule, and the driver goes over, but stays within the 70 hr rule, you're saying there is no violation? If so, what's the point of assigning drivers to a rule, or giving even giving companies discretion?
Yes they can let us work another 10 hours whenever they want by law, but by doing so they have to follow the other changes required that go along with that rule.

It's in the contract simply to "prohibit" UPS from giving us excessive overtime. If it wasn't in the contract we'd be working 70 every week all year long.
 

zubenelgenubi

Well-Known Member
Yes they can let us work another 10 hours whenever they want by law, but by doing so they have to follow the other changes required that go along with that rule.

It's in the contract simply to "prohibit" UPS from giving us excessive overtime. If it wasn't in the contract we'd be working 70 every week all year long.
But it is in the contract. As such, consider this guidance from the same link above:

"Question 6: If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? If a motor carrier operates under the60-hour/7-day rule, does any part of the 70-hour rule apply to its operations?

Guidance:

If a motor carrier operates 7 days per week and chooses to require all of its drivers to comply with the 70-hour/8-day rule, the 60-hour/7-day rule would not be applicable to these drivers. If this carrier chooses to assign some or all of its drivers to the 60-hour/7-day rule, the 70-hour rule would not be applicable to these drivers. Conversely, if a motor carrier does not operate 7 days per week, it must operate under the 60-hour/7-day rule and the 70-hour rule would not apply to its operations."

UPS chose to limit its use of the 70 hr rule by signing the contract. Meaning that it can only elect to assign package drivers to the 70 hr rule under specific conditions. Otherwise, all package drivers must be assigned to the 60 hr rule. DOT has nothing to do with UPS's reason for assigning the 60 hr rule, but since UPS has limited itself to using the 60 hour rule most of the time, the 70 hour rule does not apply during those times, and driving over 60 hrs would be a violation.
 

DriverNerd

Well-Known Member
But it is in the contract. As such, consider this guidance from the same link above:

"Question 6: If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? If a motor carrier operates under the60-hour/7-day rule, does any part of the 70-hour rule apply to its operations?

Guidance:

If a motor carrier operates 7 days per week and chooses to require all of its drivers to comply with the 70-hour/8-day rule, the 60-hour/7-day rule would not be applicable to these drivers. If this carrier chooses to assign some or all of its drivers to the 60-hour/7-day rule, the 70-hour rule would not be applicable to these drivers. Conversely, if a motor carrier does not operate 7 days per week, it must operate under the 60-hour/7-day rule and the 70-hour rule would not apply to its operations."

UPS chose to limit its use of the 70 hr rule by signing the contract. Meaning that it can only elect to assign package drivers to the 70 hr rule under specific conditions. Otherwise, all package drivers must be assigned to the 60 hr rule. DOT has nothing to do with UPS's reason for assigning the 60 hr rule, but since UPS has limited itself to using the 60 hour rule most of the time, the 70 hour rule does not apply during those times, and driving over 60 hrs would be a violation.
The contract also says that UPS can inrease to 70 due to acts of God or emergency conditions.
 
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