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The Runner Gunner Lunch Skippers are HATING the new DOT lunch rule
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<blockquote data-quote="&#039;Lord Brown&#039;s bidding&#039;" data-source="post: 1170571" data-attributes="member: 32753"><p>Get caught doing what? </p><p></p><p><a href="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2" target="_blank">Definitions. - Federal Motor Carrier Safety Administration</a></p><p></p><p>Guys, there is no rule saying we cannot sort during lunch. It's interesting to note there isn't an allowance given for "sorting" the car, outside of the 30 in selection area. So, if I sort every shelf but the 30in selection area of the shelf am I working, even under UPS' guidelines? The wording is not very precise and vague. Again, you can't just "watch someone for 10 mins" and know for sure whether or not they are "working", because people are different (I'd hate to get fined for clearing space on a shelf for a nap). </p><p></p><p>Also, it's interesting on that site I posted that "break" used to mean one had to <em>leave the vehicle</em>, but it was recognized that it wasn't practical or prudent to force drivers out of their vehicles for "breaks" in areas not suitable for "rest", thus they can stay in their vehicles. Also, "rest" can be incurred just from a break in one's work routine, even if the activity is "non-rest" related. At 10-20 mins in a ten hour day, sorting is hardly part of our routine, at least not the kind one would do on a break; it's definitely not a part of my routine. </p><p></p><p>I found the definition of work time including "reporting to job-site in a readiness for work state". So, how many of you "never will I sort on <strong>my</strong> break" shine your shoes off the clock? Stretch? Look at your DIADs? Any one of these are considered part of our proper work routine, but we are not paid for them. No DOT auditor is going to ding you for doing any of them, and if they saw you in the back of your package car moving packages at a leisurely pace, sitting for 20-30 mins, they are going to ask a question before they levy a fine. <em>Sorting packages</em> is not what the law was intended for, and is not something they will be looking out for, necessarily. However, the vets on the board know that UPS cannot <em>force</em> us to sort, just as they cannot <em>force us</em> to run our lunches. Ultimately, it depends on one's definition of <em>work</em>. Sorting for me is more preparatory than actual work, although I <em>don't sort during off-duty time</em>; however, I reserve the right to be able do so if something I deem more important than lying in a hot car or sitting at a fast food joint or sitting by a serene lake playing my banjo lonely, with no one I love around to enjoy my playing, should come along.</p></blockquote><p></p>
[QUOTE="'Lord Brown's bidding', post: 1170571, member: 32753"] Get caught doing what? [URL="http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=395.2"]Definitions. - Federal Motor Carrier Safety Administration[/URL] Guys, there is no rule saying we cannot sort during lunch. It's interesting to note there isn't an allowance given for "sorting" the car, outside of the 30 in selection area. So, if I sort every shelf but the 30in selection area of the shelf am I working, even under UPS' guidelines? The wording is not very precise and vague. Again, you can't just "watch someone for 10 mins" and know for sure whether or not they are "working", because people are different (I'd hate to get fined for clearing space on a shelf for a nap). Also, it's interesting on that site I posted that "break" used to mean one had to [I]leave the vehicle[/I], but it was recognized that it wasn't practical or prudent to force drivers out of their vehicles for "breaks" in areas not suitable for "rest", thus they can stay in their vehicles. Also, "rest" can be incurred just from a break in one's work routine, even if the activity is "non-rest" related. At 10-20 mins in a ten hour day, sorting is hardly part of our routine, at least not the kind one would do on a break; it's definitely not a part of my routine. I found the definition of work time including "reporting to job-site in a readiness for work state". So, how many of you "never will I sort on [B]my[/B] break" shine your shoes off the clock? Stretch? Look at your DIADs? Any one of these are considered part of our proper work routine, but we are not paid for them. No DOT auditor is going to ding you for doing any of them, and if they saw you in the back of your package car moving packages at a leisurely pace, sitting for 20-30 mins, they are going to ask a question before they levy a fine. [I]Sorting packages[/I] is not what the law was intended for, and is not something they will be looking out for, necessarily. However, the vets on the board know that UPS cannot [I]force[/I] us to sort, just as they cannot [I]force us[/I] to run our lunches. Ultimately, it depends on one's definition of [I]work[/I]. Sorting for me is more preparatory than actual work, although I [I]don't sort during off-duty time[/I]; however, I reserve the right to be able do so if something I deem more important than lying in a hot car or sitting at a fast food joint or sitting by a serene lake playing my banjo lonely, with no one I love around to enjoy my playing, should come along. [/QUOTE]
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