News
Sleeper Berth Time Longer than 8 Hours Must be Paid, Rules Federal Court
In December, a federal appeals court issued a ruling stating that the time team drivers spend in the sleeper berth beyond eight hours is eligible for compensation under the Fair Labor Standards Act. The case involved CRST Expedited and CRST International, both extensively utilizing the team-driving model. The First Circuit Court of Appeals deliberated on whether time spent in the sleeper berth should be considered “on-duty” according to Department of Labor regulations.
If it was deemed as “on-duty” time, the court was asked if CRST should pay “a driver who is on duty for 24 hours or more for the time that driver spends in the sleeper berth in excess of eight hours within a full 24-hour period.”
The legal dispute arose when Juan Carlos Montoya and other former CRST trainee drivers filed a lawsuit in January 2016, alleging that the company’s compensation policies violated the Fair Labor Standards Act. CRST has not provided any comments on the case as of now.
According to court documents, CRST’s team-based driver training program is deemed “uncommon,” being one of the few fleets that train drivers in team operations.
“CRST’s approach allows the company to keep their trucks in near continuous motion, for multiple days, while complying with DOT regulations limiting the hours a driver can spend behind the wheel,” the ruling said.
The court highlighted various activities performed in the sleeper berth, including preparing food, browsing the internet, reading, watching TV and movies, and sleeping; they followed by noting that “drivers are at liberty to pursue their own activities within the confines of the space and facilities provided to them.”
While Department of Transportation regulations govern the duration of a driver’s work and required off-duty periods, compensation falls under separate regulations issued by the Department of Labor. The court emphasized that Department of Labor regulations permit employers to exclude a sleeping period of up to eight hours per day when calculating compensation.
“CRST calculates the pay owed to team drivers according to the total number of miles dispatched to the team for the shipment,” the court said. “Each member of the driving team is paid one-half of the total number of miles attributed to the shipment at a rate of pay that corresponds with the driver’s level of experience, with less experienced drivers receiving a lower rate of pay per mile. Thus, the hourly wage of the drivers can be calculated by dividing their received pay by the total number of hours worked during the pay period.”
Additionally, the court noted that the company “does not count time spent in the sleeper berth as hours worked and so does not include the sleeper berth hours in the calculation of the drivers’ hourly wage. If the sleeper berth time is counted as hours worked, however, CRST’s drivers receive an hourly wage that falls short of the minimum wage under the FLSA.”
Montoya and the other drivers claim that CRST failed to compensate them for hours spent in the sleeper berth beyond the Department of Labor’s eight-hour exclusion, resulting in wages falling below the hourly minimum wage mandated by the Fair Labor Standards Act. A prior ruling by the U.S. District Court for the District of Massachusetts favored the drivers, determining that sleeper berth time exceeding eight hours is compensable under the Fair Labor Standards Act. CRST has appealed this decision.
Source: Commercial Carrier Journal
Business
Supply Chain Turmoil Hits Drivers as Costs and Shortages Persist
Supply Chain Turmoil Hits Drivers as Costs and Shortages Persist
“Due to the exorbitant cost of shipping, we have had to raise prices to our customers as well as order eight months’ worth of inventory, eight months in advance.” — Hanna from The Crown Choice
The anticipated recovery year turned into ongoing supply chain disruptions, with raw material shortages and factories in China operating on limited schedules. The cost of shipping containers has skyrocketed, impacting small businesses and their ability to order inventory effectively.
What This Means for Your Wallet and Your Miles
Shipping costs are at an all-time high, which could mean higher operating costs for you as a driver. If you’re hauling goods for small businesses, expect them to pass these costs along in the form of higher order rates or delayed payments.
Fuel costs are also likely to be affected as ripple effects from supply chain disruptions impact pricing. Keep an eye on fuel surcharges and budget accordingly to avoid surprises in your expense sheet.
If you’re relying on contracts with big retailers, be prepared for potential delays. Mass retailers are struggling with empty shelves, which might lead to fewer loads as they adjust to the new normal.
Load availability may shift as businesses look to diversify their supplier base. Stay flexible and ready to adjust your routes based on changing demand and supply scenarios.
How are shipping costs affecting my job?
High shipping costs are driving businesses to increase prices, which may lead to fewer shipments or altered contracts. Be prepared to adjust to these changes.
Will this affect fuel prices?
Yes, supply chain disruptions can influence fuel prices, so keep an eye on trends and potential surcharges that may affect your operating costs.
What about load availability?
Load availability could fluctuate as businesses adjust their supply chains. Flexibility in routes and contracts will be crucial to maintaining steady work.
How can I prepare for potential delays?
Keep in close contact with your logistics partners and clients. Understanding their challenges can help you anticipate delays and adjust your schedule accordingly.
Is there anything I can do to mitigate these costs?
Consider renegotiating rates and contracts to account for increased costs, and explore new markets and clients who may offer more stable opportunities.
Business
Key Strategies for Effective Remote Worker Time Management
Key Strategies for Effective Remote Worker Time Management
Remote work has become increasingly popular in recent years, thanks to technological advancements and changing attitudes towards work-life balance.
The article discusses various strategies and tools to enhance time management for remote workers. It covers setting expectations, choosing appropriate time tracking tools, and maintaining accountability to improve productivity in a remote work environment.
What This Means for Your Wallet and Your Miles
For drivers who also manage remote workers or work remotely themselves, the right time tracking tools can streamline operations and improve productivity. This could potentially reduce overhead costs and increase efficiency.
Setting clear expectations regarding availability and communication can help avoid misunderstandings and reduce downtime, ensuring you stay on top of your tasks and deadlines.
Establishing a routine can help you make the most of your work hours, allowing more time for driving or managing logistics without affecting performance.
Regularly reviewing and adjusting your time management practices can help identify inefficiencies, allowing you to make changes that enhance productivity and ensure a steady flow of income.
How can I improve time management for my remote workers?
Set clear expectations for work hours and communication, use effective time tracking tools, and establish routines to optimize productivity.
What are some recommended time tracking tools?
Popular options include Toggl, BuddyPunch, RescueTime, and Harvest, each offering different features suited to various needs.
How often should I review my time tracking practices?
Regular reviews, ideally monthly, can help identify areas for improvement and ensure your practices remain effective and aligned with goals.
Why is accountability important in remote work?
Accountability helps maintain productivity and motivation, ensuring that tasks are completed efficiently and on time.
What should I do if my current routine isn’t working?
Be flexible and willing to adjust your routine or try new tools and strategies to find a setup that maximizes productivity and fits your work style.
CDL Training
Ohio Pursues Legal Action Against Trucker for Alleged Toll Skipping
An Illinois-based trucker, Moath Musamih, from Orland Park, has been formally indicted in Ohio on grand theft charges for allegedly avoiding nearly $22,000 in turnpike tolls. The indictment, filed on April 21 by a Williams County grand jury, accuses Musamih of a fourth-degree felony relating to unpaid tolls, with potential penalties including up to 18 months imprisonment, a $5,000 fine, and restitution.
Prosecutors assert that Musamih’s truck was monitored with open-road tolling technology for close to two years. Despite receiving multiple payment notifications, the tolls remained unpaid. The indictment also includes a clause to confiscate the 2012 Freightliner Cascadia allegedly used in these offenses.
County Chief Investigator Andrew Skiles noted that the Ohio State Highway Patrol had been keeping tabs on Musamih for some time due to the unpaid tolls. According to Skiles, Musamih is an owner-operator whose vehicle, reportedly registered under his wife’s name, was regularly tracked traveling extensive distances on the Ohio Turnpike using an E-ZPass transponder.
An Ohio State Highway Patrol officer encountered Musamih at a service plaza on eastbound Interstate 80, where an incident report was filed for “Theft by Deception.” The report included accusations of theft without consent and engaging in corrupt activities.
Williams County Prosecutor Katherine Zartman opted for criminal proceedings against Musamih due to the significant total of approximately $21,991 in unpaid tolls over an extensive period from April 2024 to April 2026. The decision to pursue a fourth-degree felony charge was influenced by Musamih’s alleged repeated offenses and the proposed forfeiture of his semi-truck as it was deemed contraband linked to the criminal activity.
The Ohio Turnpike and Infrastructure Commission, through its advanced open-road tolling system launched in April 2024, identified Musamih. Executive Director Ferzan Ahmed emphasized the aim to maintain optimal conditions on the turnpike while highlighting the challenges posed by companies that fail to settle their toll liabilities, despite numerous reminders and collection attempts.
In a broader context, the commission recently disclosed a list of 315 trucking companies accused of evading $5.2 million in tolls over the past two years, indicating a widespread issue with rogue operators.
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