Thank you Fred S and Brovo Zulu to you

[newgirl]

There are several questions about breaks,

1. (3) Does the break have to be spent resting?
2. No. The driver must be off duty for at least a half hour. Meal breaks or any other off-duty time of at least 30 minutes qualifies as a break. Drivers carrying certain explosives, who are required to attend the vehicle at all times, are allowed to count attendance time, which is on duty, toward the break if they do no other work during that time.
3. On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;(3) All driving time as defined in the term driving time;(4) All time in or on a commercial motor vehicle, other thani) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;(ii) Time spent resting in a sleeper berth; or(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and(9) Performing any compensated work for a person who is not a motor carrier.

 

[vantexan]

Management has told us on numerous occasions couriers should NOT delivery and/or pickup packages while in a break code. Its falsification. Some couriers at our station got themselves in trouble for driving back to the station from their last stop while in a break code.

After a rt was taken from my loop the mgr who's idea it was decided to show courier on one of the rts that the rt with extra work could be done no problem. Went on checkride with that courier and after a very difficult day mgr drove the van back to station while courier took his break in passenger seat. Same mgr questioned my bringing back 80+ pkgs from Walmart instead of delivering them. Told him it was 1735, had to be back by 1845 with their bulk pickup to make truck from 53 miles away, and Walmart's new policy was to write down all P.O.#'s, check them against manifest on computer, and generate paperwork for them. Next morning in front of my coworkers he told me I didn't tell him everything, and that he was going there himself to "find out what really happened". Took a part-timer with him to help unload bulk, also took over 30 stops from an extended rt that was super heavy. Walmart kept him there 2 hrs, and he ended up with 01's in the extended area. I was really angry with the way he spoke to me but when I heard that I liked to died laughing.

 

[MrFedEx]

After a rt was taken from my loop the mgr who's idea it was decided to show courier on one of the rts that the rt with extra work could be done no problem. Went on checkride with that courier and after a very difficult day mgr drove the van back to station while courier took his break in passenger seat. Same mgr questioned my bringing back 80+ pkgs from Walmart instead of delivering them. Told him it was 1735, had to be back by 1845 with their bulk pickup to make truck from 53 miles away, and Walmart's new policy was to write down all P.O.#'s, check them against manifest on computer, and generate paperwork for them. Next morning in front of my coworkers he told me I didn't tell him everything, and that he was going there himself to "find out what really happened". Took a part-timer with him to help unload bulk, also took over 30 stops from an extended rt that was super heavy. Walmart kept him there 2 hrs, and he ended up with 01's in the extended area. I was really angry with the way he spoke to but when I heard that I liked to died laughing.

LOL. While management does often tell people not to falsify and/or work through breaks, these same managers are the ones that send you out on the road with an impossible workload. Just because it all fits in the truck doesn't mean you're going to get all of it off, but that's how their BB-sized brains operate. "Just get it done" is SOP at FedEx. Management doesn't want to hear excuses...they just want results. And a lot of them know that you falsify and expect you to do it because you fear for your job if you don't get it completed.

 

[vantexan]

Yeah, his mantra seems to be "you're going to make it work".

 

[DECKARD B26354]

I've only been looking around this site for a day or so and no one has mentioned the fact that they did away with all shift premiums and now my full time buddies at the Ramp tell me their hours are being cut to 35 a week and they have to take a 4 hour hour break. So their working 4 hours taking a 4 hour break and then working another 3 hours and going home. Excellent deal now you have to put in an almost 12 hour day to get 7 hours. What a waste of peoples time. Looks like the Ramps going to be a part time place of employment soon. Don't know too many people that will be hanging around for that deal.

 

[MrFedEx]

I've only been looking around this site for a day or so and no one has mentioned the fact that they did away with all shift premiums and now my full time buddies at the Ramp tell me their hours are being cut to 35 a week and they have to take a 4 hour hour break. So their working 4 hours taking a 4 hour break and then working another 3 hours and going home. Excellent deal now you have to put in an almost 12 hour day to get 7 hours. What a waste of peoples time. Looks like the Ramps going to be a part time place of employment soon. Don't know too many people that will be hanging around for that deal.

Read some of the older posts. We've been all over it, but what you describe is the new Master Plan in action. Spread the word, and get people to participate here. Thanks.

 

[vantexan]

I've only been looking around this site for a day or so and no one has mentioned the fact that they did away with all shift premiums and now my full time buddies at the Ramp tell me their hours are being cut to 35 a week and they have to take a 4 hour hour break. So their working 4 hours taking a 4 hour break and then working another 3 hours and going home. Excellent deal now you have to put in an almost 12 hour day to get 7 hours. What a waste of peoples time. Looks like the Ramps going to be a part time place of employment soon. Don't know too many people that will be hanging around for that deal.

Ouch, guess they don't have to wait for restructuring to get their plans started at the ramps.

 

[CharleyHustle]

Nothing on that page says you can't drive on your break.

Yeah I know. Since you must have contacted the legal dudes at FedEx, I'd say sure, all you purple, green and blue folks drive anywhere on break time....wait, most of you already do.

 

[Goldilocks]

Management has told us on numerous occasions couriers should NOT delivery and/or pickup packages while in a break code. Its falsification. Some couriers at our station got themselves in trouble for driving back to the station from their last stop while in a break code.

I do it all the time. Windshield time is ok.

 

[UpstateNYUPSer(Ret)]

I do it all the time. Windshield time is ok.

You drive back to the station while on break??

 

[Goldilocks]

You drive back to the station while on break??

OOPS, Yes I do...I drive over 300 miles a day. As long as you are not delivering or pickups, I was always told it was ok. Is this correct?

 

[UpstateNYUPSer(Ret)]

OOPS, Yes I do...I drive over 300 miles a day. As long as you are not delivering or pickups, I was always told it was ok. Is this correct?

Uh....no....

 

[newgirl]

Uh....no....

Upstate, can you tell us the UPS rule for driving on break, and is it FMCSA rule, union rule or ? It has always been one of those hearsay policies that is not readily found in print.

 

[UpstateNYUPSer(Ret)]

Upstate, can you tell us the UPS rule for driving on break, and is it FMCSA rule, union rule or ? It has always been one of those hearsay policies that is not readily found in print.

Quite simple---when you are on your paid break and unpaid meal period the vehicle does not move--period.

That is the rule as put forth by both the company and union.

The reality is that it happens all the time. We have guys who work through their lunch and breaks or punch out while on road to avoid going over 9.5 With Telematics the company can quickly figure out who is doing this--the ironic part is they will not stop this as they love free labor.

It is not an issue unless something happens while you are operating the vehicle while on break or lunch.

 

[Goldilocks]

Uh....no....

Thank you!! You can always teach an old dog new tricks....Thanks for the info.....

 

[newgirl]

Quite simple---when you are on your paid break and unpaid meal period the vehicle does not move--period.

That is the rule as put forth by both the company and union.

The reality is that it happens all the time. We have guys who work through their lunch and breaks or punch out while on road to avoid going over 9.5 With Telematics the company can quickly figure out who is doing this--the ironic part is they will not stop this as they love free labor.

It is not an issue unless something happens while you are operating the vehicle while on break or lunch.

They can figure it out here, too, but don't--I think it happens in quite a few companies. I have always wondered about the legal ramifications of having a vehicle accident or personal injury while working off the clock.

There is a case in Florida where a Publix employee was doing stuff off of the clock and her co-worker told her not to do it. (Company policy prohibited it) She threatened to kill him, he reported her then days later Publix fired her for the threat. Five hours after being fired she came back and shot and killed him.

Our local ambulance chasers now have advertisements that include working off the clock as an issue that you can sue for. Fedex employees in Cali won a lawsuit and Fedex had to change their clock-in policy.

 

[MrFedEx]

OOPS, Yes I do...I drive over 300 miles a day. As long as you are not delivering or pickups, I was always told it was ok. Is this correct?

Let me get this right. You are driving back to the station on break or just driving around on break? The old rule used to be that you could drive within your area on break, but not outside of it. The vehicle does not have to remain in one spot (at FedEx).
One of the ploys management uses for extended area routes is that it's OK to take your "break" while returning to the station because it's "windshield time" (as you put it), and you might as well be on break because you are "relaxing". This is pure crap, and working for free, because stem time, no matter how long or "relaxing", is paid time.

 

[Cactus]

FedEx and UPS can get fined by the DOT for doing this. If your mileage changes by 1 mile, the DOT does not recognize this as a break.

 

[CharleyHustle]

FedEx and UPS can get fined by the DOT for doing this. If your mileage changes by 1 mile, the DOT does not recognize this as a break.

I dunno, Dano says its OK.

 

[Cactus]

I dunno, Dano says its OK.

How would he even know? He's not even a courier.