Is this illegal
Posted by legollama88@reddit | Truckers | View on Reddit | 32 comments
We have this system for dispatch where you have to goto your login and you press the button to “start your day” all that you know let em know when you arrive button let em know when you leave button… there is also a button for your end of shift essentially dropping your trailer and going home. I got a call from my dispatcher letting me know that payroll told him they have stopped paying some OTR drivers because they won’t “finish the day” on their app so he was warning me to start doing that. Like what? I understand they want that done but if i am on the clock i am on the clock…
BedAdministrative619@reddit
You use the system to show them what to pay you. You mess up the system, you show them a messed up request for pay. You ask for the wrong amount, you get the wrong amount. Seems pretty simple to fix. They can't keep your money permanently, but if you can't prove you earned the money (because you asked for the wrong amount), then you screwed yourself.
Revolutionary_Pea373@reddit
This sounds more like a warning that everyone needs to know that policy will start being enforced and the rules are at the end of they day to “check out”. Legal or not idk but if it is just a button shouldn’t be hard to follow the policy
legollama88@reddit (OP)
no it isnt hard i just dont understand why it is that serious
Revolutionary_Pea373@reddit
From my side (owner side) there is usually a reason why certain policies are being enforced. Probably a bit deeper than it looks on the surface. Not talking down to you but these are my past experiences as the owner of a company. Sometimes I have silly rules and policies but there are reasons why and it is super frustrating when I go through the trouble of making something as least intrusive as possible just to have people ignore it because they think it is silly. So then we have to act like parents and start punishing everyone because someone can’t do the job they were asked to do.
In reality we may be tracking something. Looking for problem children. Trying to figure out maintenance issues. Possibly theft within the company. Food for thought.
FYI I fucking despise silly rules/policies but as I’ve learned there is usually some dumbass that fucked it up for the rest of us. I’ve played all the games being an employee and active duty military prior to owning my own company and it has truly opened my eyes!
LivingReaper@reddit
Basically the same premise as osha rules are written in blood.
legollama88@reddit (OP)
i get it. thanks for the input
Mystery_Chaser@reddit
Federal motor carrier regulation. GOTO is an app that tracks your time. When your time is done, you need to be parked and you need to clock out. End of story. After that, you're in violation.
IntelligentCandy8716@reddit
If it's in the app, it's there to automate something. If you don't hit the right button, the program doesn't record the right times and is missing information so payroll can't calculate your pay.
LonleyWolf420@reddit
Unless payroll is paying hourly or "hub miles" which is VERY rare OTR they allready know the "miles" from the rout most only pay "zip to zip" and know exactly how many miles there paying the driver before they even send them the load
Acrobatic-Bid-3559@reddit
I get what you mean that's dumb as hell and not grounds for legitimizing wage theft
Mystery_Chaser@reddit
It's not a warning. It's an instant violation.
Environmental-Pear40@reddit
They're allowed to warn that they'll do that, I mean they can threaten you with just about anything outside of bodily harm. If they do that, that would be illegal, they cannot withhold your wages. They can write you up, they can terminate you but they can't just not pay you. Easy lawsuit.
Ok_Bug_6470@reddit
Yeh so you’ll pay ten times what your paycheck will be to get it and it’ll go to the lawyer. They know that and that’s how they get away with it, I’ve been threatened w a hammer before if I refused the load, man up, move on.
Environmental-Pear40@reddit
Well, definitely quit. Though I'm pretty sure the feds take it up instead of you having to pay out for a lawyer.
Ok_Bug_6470@reddit
Of course but everybody thinks they’re gonna sue and the gov is gonna save them and get their money from these shady companies. They know how you’ve been running and who you’re running for. I mean watch 60 minutes and you think they’re gonna care about one driver? All that will happen best case scenario is they’ll be told not to do it.
Environmental-Pear40@reddit
Well if the feds get a conviction and you can get with a couple other drivers that's a class action. Idk the minimum though.
IndividualHurry1342@reddit
Its just fear tactics. They can delay your pay, due to time log errors but absolutely cannot refuse to pay you!
Smart-Frosting-8746@reddit
Platform science? Ntransit ?
legollama88@reddit (OP)
what do you mean?
LonleyWolf420@reddit
There asking what app
Mystery_Chaser@reddit
GOTO
dghastlynegro@reddit
GOTO which app?
Wolfire0769@reddit
GOTO line 1
Mystery_Chaser@reddit
Goto is the app.
Vast_Obligation8213@reddit
Seems as simple as, stop your clock and verify your logs in the system... then just go back to onduty/driving
King0Horse@reddit
Legality wise: absolutely not legal. They have to pay you for work you performed. No way around it.
This is likely just a "threaten them to get compliance" thing.
However, just push the button. Easier for everyone.
EscapeWestern9057@reddit
It almost sounds like he's counting all time from the time he leaves home till he returns as on the clock. So if the trip required sleeping in the truck, he was keeping it set as "on the clock" even though he wasn't driving or performing other duties.
Matlovestruck@reddit
That's shady as hell. They can't withhold wages for not pressing a button in an app, that's wage theft plain and simple regardless of what their internal policy says.
Your hours worked are your hours worked. The app is for their logistics tracking, it's not what determines whether you get paid.
Document everything. Screenshot your ELD logs, keep your own record of start and end times. If they pull that on you you've got paper trail.
Depending on your state you could file a wage complaint with your state labor board, some states are very aggressive about this especially California. DOL also has a wage and hour division that handles exactly this kind of thing.
Don't let them normalize it. The fact that dispatch is calling drivers to "warn" them means this is already happening to people.
Waisted-Desert@reddit
Not familiar with this app or the processes, but if you don't say you've completed working then perhaps there's no notification going to payroll indicating to pay you. It's like an open ticket that can not be invoiced until it's closed.
You'll get paid eventually, but you have to resolve the issue of the work day not being completed first.
Ninja-Storyteller@reddit
It is illegal for them to actually withhold pay. But they can just fire you for not following company policy.
Mystery_Chaser@reddit
When you log into the GOTI app it starts a clock. It ends that clock at a certain time. For truckers it's 10 hours and you have to log out or you are in violation. For bus drivers is 14 hours. If you are driving over that time, you are in violation. The company wants you to log out. You have to stop. Or it is a violation
Actual_Handle_3@reddit
I'm not familiar with GOTO app, but I know the HOS regulations. You say violation. It can't be fmcsa, as it's 11 hours of driving for property carrying drivers, and you are only in violation if you're driving. What violation would a driver be committing if he didn't log out of an app?