Is it legal to have a dump truck contractor require you to have a fleet tracker and can doc your pay for taking a break > 15 mins when neither is stated in the contract?
Here is the background. I am a sole proprietor, LLC dump truck driver who works with a much larger contractor. I currently have a contract signed with the said contractor that outlines payment by the hour and by the ton. About a week ago, they "required" other drivers, including I, to have a fleet watch device installed to ensure that drivers are not wasting time while being paid by the hour. This requirement is not reflected in the current contract. However, I am all for having the device installed to catch lazy workers who abuse the system. Unfortunately, the device does not work as intended. I am missing 2 days worth of pay. Other drivers are also experiencing similar issues. I am being patient, but also proactive, in waiting for my pay while this contractor works out their issues. As of last week, this contractor established a new rule: If you take a break longer than 15 min you will lose some of your pay. Apparently, I took a break that was literally "a few seconds" over the limit and thus resulted in a $2+ doc from my pay. When I challenged the contractor, they looked back at the video recordings and found that they "made a mistake".
I have a very positive reputation with the contractor as a whole and have been working with this contractor since the recession back in 2008. On the other side, I fear that more problems are going to keep rolling in if this contractor doesn't get some kind of "slap on the wrist". Any advice you can lend will be greatly appreciated.
1 Answer from Attorneys
It depends on the terms of your agreement with the contractor. Have a business attorney review the agreement and provide a more comprehensive answer.
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