![]() ![]() Short-haul drivers: Drivers that travel within a 100 air-mile radius of their home terminal may qualify to track their hours with a time card instead of an ELD. So any amount of time a driver spends in personal conveyance will not count towards needing a 34-hour reset break. This personal conveyance time will still be tracked using an ELD, but won’t contribute to their HOS. Personal conveyance: If your drivers use work vehicles on their own time for personal transportation, this time is considered ‘Off Duty’. Here are three common practices that don’t count towards your drivers’ HOS: The 34-hour restart rule relies entirely on how many hours a driver is working within seven to eight days, so it’s crucial to know what does and doesn’t count towards your drivers’ HOS logs when determining if your drivers should take 34-hour breaks. Drivers can reset their clock by taking a break of 34 consecutive hours in two different statuses: ‘Off Duty’ or ‘Sleeper Berth.’ Once drivers have completed their 34-hour break, they can resume working.Īre there any exceptions to the restart rule?Ī majority of the confusion surrounding the 34-hour reset is about the exceptions to the rule: what does and doesn’t count towards a driver’s log time. The 34-hour rule is a way for commercial motor vehicle (CMV) truckers to quickly reset their workweek if they are nearing the maximum number of hours allowed in ‘On Duty’ or ‘Driving’ statuses: 70 hours in eight days or 60 hours in seven days. On Duty: The driver is working, but isn’t driving-this means they may be fueling, inspecting, or unloading. Sleeper Berth: The driver is resting in their cab. But to understand the full impact of the 34-hour reset, a quick refresher on truck drivers’ HOS statuses is helpful. Doing so will remove this category of employee from exempt salary status, entitling the worker to payment of overtime.The 34-hour reset rule is part of the Federal Motor Carrier Safety Administration (FMCSA’s) updated HOS regulations that took effect in 2017. However, for salaried employees who fit the definition of Executive, Administrative or Professional and who are ready, willing, and able to work, deductions may not be made for time when work is not available. This is commonly true, for example, during snow emergencies. However, as stated in the previous section, once reporting to work (such as to the employer's shop or office, or any other place an employer requires an employee to report), the employee must then be paid for the time necessary to travel to a work site or to accomplish some other mission the em-ployer assigns.Īn employer may temporarily close its business for any reason and for any length of time without offering special compensation to non-exempt employees who cannot go to work as a result. ![]() This is true, even where an employee must drive a long distance. Time spent traveling or "commuting" to work is non-compensable (not payable). Trainings and meetings are not "voluntary" if it is generally known, or the employee reasonably believes, that non-attendance will result in some negative effect on employment.\ What is Non-Compensable? Generally, an employee must be paid for training time and meetings - whether held during regular work hours or not - if attendance at a training or meeting is required and not "voluntary". ( Code of Maryland Regulation (COMAR) 09.12.41.19.) Note: A tipped employee who spends more than 20 percent of the employee’s work time performing non-tip producing duties directly related to their tipped occupation shall be paid by the employer at least the minimum wage for that time. Some examples of illegal practices include the following:Įxample 1: An employee is required to report to work at 7:30, but is not paid for the time before punch-in at 8:00.Įxample 2: An employee is not paid for the time she is required to clean-up the employer's shop at the end of the day. ![]() It also includes time driving from the shop to the work site at the beginning of the day and returning to the shop at the end of the day, if the employer requires the employee to report to and return to the shop. This includes time driving in the employer's truck from worksite to worksite during the day. Compensable Time - The Maryland Guide to Wage Payment and Employment Standards What compensation am I entitled to?Īll of the time an employer requires an employee to be at work is compensable time, whether or not the employee is officially "on the clock". ![]()
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