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Question

My husband is a company otr truckdriver. He is required to sleep in the truck while he is gone. They have a idle time of 40%. My husband received a verbal warning for going over the idletime by 5%. It is in the winter time where temperatures can be 20 degrees and lower in some places. They require them to idle the truck 15 min every 2 hours. Which can cut into their rest time when the weather is real cold. My question is: If a driver stays in the truck with below freezing temperatures and they refuse to allow additional time idling truck would that not be a labor violation. My husband has only been with this company 2 months and they may fire him.

Submitted: 297 days and 12 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED

Accepted Answer

Unfortunately there is not state or federal law that protects the drivers in allowing them to idle for longer than the employer's policy allows regardless of the outside tempature. Some states actually prohibit idling at all. He will have to either find a way to work within the employer's policy or find a more considerate employer to work for.

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Expert: Shelley
Pos. Feedback: 98.6 %
Accepts: 
Answered: 1/30/2009

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