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Time card issues

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tmayes1968

Junior Member
What is the name of your state (only U.S. law)? Indiana
I am a local truck driver for a metal recycling company. We are not unionized and employed under the "at will" law. We work under the normal two 15 minute breaks and one 30 minute break for lunch. All employees manually clock in with the old style time clock (paper time card slid into time clock and manually punched from a lever on top). For non driving employees, this thread is not applicable. However, as a local truck driver, we are on the road doing our jobs. We don't clock out for our lunch periods unless we are at our dispatch office at that time. Many times, we don't get a chance to take a lunch because of our work demands. This is where the problem happens. A member of management will "write in" a half hour lunch break, right onto our time cards, without asking if we took a lunch or not. When I take a lunch outside of dispatch, I write it down on my daily log which gets turned in at the end of every work day for management to see. Now I know that it is expected of me to take a half hour lunch every day. However, management shows their displeasure on those who actually take their lunches because it takes away from how many tickets we can finish that day. The dispatch manager must complete a certain percentage of tickets that were called in that day before he can start applying them for the next day. My issue is that many times during the week, I can't take a lunch for reasons like no place to stop (rather large truck), in the middle of taking care of one of our customers (multiple tickets). Yet management still takes a half hour out of my pay each day... just writes it in. Is this legal? Can they just write this in? Can I get any of this time back that they have taken from me?
 


cbg

I'm a Northern Girl
You can file a wage claim with the state DOL. You can be required to take a break, but you cannot have the time deducted if you did not take it.

FYI, this doesn't change anything but just so it's clear; I don't know if you fall under DOT regs or not, but either way, whether you do or don't, the two 15 minute breaks you mention are not required by either state or Federal law. State law in your state does not require any breaks at all; Federal law may or may not require the 30 minute break depending on how long at a time you are driving.
 

tmayes1968

Junior Member
Thank you for the information. We're not required to fill out log books due to the short distances we travel. That's why we are considered Local truck drivers and are paid hourly. However, all other DOT regulations remain for us. No driving over 13 hours in one day... nothing over 70 hours in a week, ect. Thank you again
 

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