Is unpaid waiting time for truck drivers legal under the 13th Amendment?

Full question:

i drive semi over the road for a living. i have drove for 23 years and it is a common practice for trucking companies to require us to sit for up to 3 hours free getting loaded and unloaded, further, at their discretion, they refuse to pay layover pay when we are required to sit waiting on another load for up to and over 24 hours. my question is, this is involuntary servitude, which is slavery, similar to prostitution, is this legal, considering the 13th amendment to the us constitution prohibits involuntary servitude. if you say that it is legal, what do you base your answer on? i have looked under exempt employees and can find nothing to justify this practice.

Answer:

Waiting time is usually governed by contract law based on the agreement with your employer. This time is often considered idle and doesn't fall under the same category as other working hours, placing it in a grey area. The issue of mandatory pay for detention time is contentious and typically depends on the specific contract with your employer. However, there has been recent legislative activity aimed at making detention time pay mandatory. There is growing recognition that unpaid detention time should be illegal. For further information, consider contacting Representative Peter DeFazio or your union if you are a member. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Layover pay for truck drivers varies by company and can range from $50 to $200 per day. Some companies offer a flat rate, while others may pay based on the driver's hourly wage. It's important to check your employment contract or company policy for specific layover pay details.