Pay per hour question for driving a dump truck.?
Asked by kimmer
My husband is currently working temporarily for a small dump trucking company. He is paid by the hour and gets an additional one (1) hour pay for travel time (even though it may take him 2 hours to get to and from the job). He has to get to work alot earlier, because he usually has to air up tires and he was informed by the owner that this time is on him. He has reported the tire problems to the proper people and so have other drivers. Our question is, under wage law, shouldn't he be paid for all time spent during the course of duty,, or is the 1 1/2 hours he has to spend airing his tires on him? His company is based in Missouri. I think he is being not only taking advantage of by his employer for non-payment, but also at a eminent risk for a DOT shut down. What are your thoughts? Sunshine - No my husband is not considered indepenant as he is operating the vehicle under the ownership and direction of his employer. I see your point, if he were the owner of the vehicle, but he is not! Thanks for the info though!

Best Answer:
Talk to wage and hour at the Labor dept It is a violation, but a report has to be made before an investigation can start!

I also drive Triaxle in Pa. If there is a "SAFETY" issue with the truck then your husband can refuse to drive the truck and the employer can not do anything against your husband for taking such action. I would contact the local DOT and make sure they are aware of the situation beforehand so your husband has some back up. I hope this helps. This is a FEDERAL CDL LAW
Answered by The answer man in Pa

Aren't truckers considered independent contractors? if so, then some of this is on him and some of it is on the employer. It's a gray area, he should talk to some truckers working at other companies and find out what is standard in the industry for your area.
Answered by sunshine_today