clean hairy
Well-Known Member
You do meet points?No longer allowed away from physical address.
You do meet points?No longer allowed away from physical address.
Still working off the clock, which is prohibited.
Never said it wasn't. I just said it wasn't working for free.
It is if you hurt yourself.
I've seen this catch 22 with both UPS and FedEx where you're supposed to take a 1/2 hour break, but if you do, you won't get your work done on time or make it to the station you're supposed to be at on time. I figured these companies were okay with it, because they were getting a 1/2 hour of free labor, but now they are firing people for it? I guess the drivers can't win. UPS needs to question why so many drivers are skipping their lunch if they fired 100 of them. They aren't skipping their breaks out of the goodness of their hearts. It's because they are being pressured to perform and they don't have time to take a lunch. Those drivers should file a class action.I heard they were putting in their DOT required 1/2 hr break after 8, but the tires were turning...
How do you hurt yourself doing a pre-trip?
Possibly fall out of the tractor?
Covered under workers comp.
I agree, though, employees should not work before their start time.
I've seen this catch 22 with both UPS and FedEx where you're supposed to take a 1/2 hour break, but if you do, you won't get your work done on time or make it to the station you're supposed to be at on time. I figured these companies were okay with it, because they were getting a 1/2 hour of free labor, but now they are firing people for it? I guess the drivers can't win. UPS needs to question why so many drivers are skipping their lunch if they fired 100 of them. They aren't skipping their breaks out of the goodness of their hearts. It's because they are being pressured to perform and they don't have time to take a lunch. Those drivers should file a class action.
I've seen this catch 22 with both UPS and FedEx where you're supposed to take a 1/2 hour break, but if you do, you won't get your work done on time or make it to the station you're supposed to be at on time. I figured these companies were okay with it, because they were getting a 1/2 hour of free labor, but now they are firing people for it? I guess the drivers can't win. UPS needs to question why so many drivers are skipping their lunch if they fired 100 of them. They aren't skipping their breaks out of the goodness of their hearts. It's because they are being pressured to perform and they don't have time to take a lunch. Those drivers should file a class action.
According to our union, if you get hurt off the clock, UPS can hang you out to dry.
If this is true, I guarantee you'll be fighting for that coverage.Again. How can you hurt yourself during a pre-trip?
If you fell out of your tractor, you were not doing a pre-trip, you were putting your personal items in the tractor. Get it?
And yes, if you get hurt, off the clock, placing your personal items in your tractor, you are covered under workers comp.
How do you hurt yourself doing a pre-trip?
Possibly fall out of the tractor?
Covered under workers comp.
I agree, though, employees should not work before their start time.
If this is true, I guarantee you'll be fighting for that coverage.
'm just telling you what we've always been told.
Plenty of drivers have been injured in or around their tractors. Falls, twisted ankles and knees.
I never grab my stuff or leave the check-in room until my start time.
Still doesn't mean the comp carrier won't deny your claim. Will they lose? Of course, but they can still deny it claiming you weren't on the clock. I've seen it happen. Just for the record if you chose to fight it "here" the backlog on comp cases in the system is about an 18 month wait to get in front of the judge. Can you go 18 month's w/o pay or healthcare? I've seen that happen also.No sir. No fight what-so-ever. Keep reading and I'll get to why you are in your tractor "off the clock'"
3. Sidewalks and Parking Lots
In most cases, workers' compensation coverage begins when an employee starts his workday by stepping onto his employer's premises or an area controlled by his employer. It ends when a worker steps off his employer's premises or an area controlled by his employer.
The term "controlled by" refers to property an employer either owns outright, pays a mortgage on, pays property taxes on, pays a third party (like landscapers) to maintain, or is designated as a common area for which the employer contributes rent along with other tenants.
An area controlled by an employer is considered an extension of the worker's actual workplace. Examples of areas controlled by employers include sidewalks, grassy areas, parking lots, and any other property a worker traverses on his way to and from his actual workplace.
What you're told by someone that you did not reference is different than the truth and what is fact.
I agree. That is what workers comp is for. And don't try and tell me that they didn't collect.
Do what you want. We are authorized by UPS to place our personal items in our tractor before our scheduled start time. And, being on the employers premises as referenced above, we are covered under workers comp.
I'll go one step further.
I know drivers that take out their radio and such everyday, or drivers that are on the pick board and run different jobs everyday. Hook up radios and remove when they are done.
We are instructed by management that if it takes longer than 2 minutes or so to install, or remove, our radios, that it is to be done off the clock.
So you tell me, sounds to me like permission from UPS to be in our tractor off the clock, as a matter of fact, a directive to be in our tractor off the clock.
And again, as referenced above, you are covered under workers comp.
You guys must have the weakest local that ever existed. This is a no brainer.
Still doesn't mean the comp carrier won't deny your claim. Will they lose? Of course, but they can still deny it claiming you weren't on the clock. I've seen it happen. Just for the record if you chose to fight it "here" the backlog on comp cases in the system is about an 18 month wait to get in front of the judge. Can you go 18 month's w/o pay or healthcare? I've seen that happen also.
I have seen many claims denied in my years here. Not sure what you mean by administrative hearing. Your case gets denied here, you hire an attorney and have to fight them. If they continue to deny you it goes to a judge. Seen that happen also. Things are different everywhere so no sense debating this anymore.Have you ever seen it denied?
I haven't.
Most states follow a simple rule for applying workers’ comp benefits that says “while in the course of employment, not necessarily just "being on the clock."
Henry v. Precision Apparatus, Missouri Court of Appeals, No. 29772, 2/16/10
This state accepts the idea that if an employee is injured “off the clock” while performing tasks in the workplace that benefit the employer, that worker is be eligible for workers’ comp benefits.
Installing your radio in your tractor off the clock benefits the employer making you ready to work at your start time, without the need to spend the next 10 minutes on the clock installing it, making you 10 minutes behind already.
And UPS has instructed you to install it off the clock.
They may deny it at first, but having to go in front of a judge is unrealistic. The administrative hearing, the first appeal, usually heard within 2 weeks, will set UPS straight.
I have seen many claims denied in my years here. Not sure what you mean by administrative hearing. Your case gets denied here, you hire an attorney and have to fight them. If they continue to deny you it goes to a judge. Seen that happen also. Things are different everywhere so no sense debating this anymore.
And again, I do not condone working off the clock.