Trucker’s Rights under the Fair Credit Reporting Act

Truckers have rights under federal law that protect them from false background or employment reports. The federal Fair Credit Reporting Act requires employers and background check companies to meet various rules before denying a truck driver a job. You should explore your rights now so that you do not allow any claims that may be barred by the statute of limitations.

What is a DAC report?

The DAC or Drive-A-Check report is a background report specific to the trucking industry. Your DAC report typically includes items such as employment history, driving incidents, drug testing history, and legal issues. If you’re a truck driver, you know that a DAC report is one of the first things a company will look at when hiring drivers.

If there are errors on your DAC report or another background check, you could be denied, delayed, or even lose your truck driving job.

Here are 4 common background check mistakes.

• Mixed or merged accounts – Your report mistakenly reports someone else’s information.
• Outdated or Outdated Information – Most adverse information is only legally allowed to be reported for 7 years or less.
• Failure to Update – It is difficult for background check companies to keep their information up to date because records are constantly changing. For example, they may misreport expunged or dismissed records, or they may report wrongdoing as a crime. By law, however, they must report complete, accurate, and up-to-date information at all times.
• Miscellaneous Errors – Errors can take many forms, such as reporting an expired license or misspelling a name.

Where do DAC reports come from?

DAC reports are provided by a company called Hire Right.

What rights do truck drivers have against false employment reports?

All background check agencies must comply with the Fair Credit Reporting Act (FCRA). This law protects consumers like you from background check errors in the following ways:

• Background checks must be complete, accurate, and up-to-date.
• Users can review and dispute inaccurate information.
• Employers must obtain the user’s permission before conducting a background check.
• Employers must notify consumers when employment is denied or terminated because of a background check, and if taking any adverse action, employers must provide a copy of the report and their rights under the FCRA before taking such action. A summary should be provided.

Unlawful conduct by employers:

Every time you apply for a job that requires a background check, the employer must:

Notify you that the employer was ordering a background check.

Obtain your consent to a background check.

If you applied in person, notify you of any adverse employment decision (eg, denial of employment) that the employer was planning to make based on a negative background check. You must also give the report you received and a statement of your rights before the employer can make an adverse employment decision.

If you applied by mail, phone, fax, or email, notify you of any adverse employment decision, the name, address, and toll-free number of the company that applied to within 3 days of employment. Report the scene and provide some information about your rights. Refusal

Because many background checks contain inaccurate information and many employers routinely fail to comply with the law, consumers are often wrongfully denied employment through no fault of their own. You have the right to recover damages against such employers.

Understanding Rights in the Trucking Industry

Before becoming a human resources manager at a transportation company, I commuted for several years to help pay for college. Time and time again, I am amazed by truck drivers who do not know what their rights are when dealing with an employer. When faced with trucking companies violating my rights, I stood up to them. In at least one case I was fired for this, and not only was I able to collect unemployment from them, but they paid the fine to the FMCSA. It is important that drivers understand that they are people with rights, and just because they are truck drivers does not mean that they have given up all of their rights. Here’s a brief overview of common driver problems with their owners, and the remedies they can find.

Unemployment

I always hear drivers complain that a company has denied them unemployment benefits. Companies do not approve or deny unemployment. This decision is made solely by the state in which the trucking company resides. The decision is based on what’s known as “prima facia” evidence, meaning they’re just going by what they’ve been told. The trick is to get them to hear their side of the story, and there’s a way to do that. It has been done with a hearing.

First, if your state of residence is different from your company’s, you have the right to have your unemployment case heard in your state. Your local unemployment office will ask you to submit a form to transfer your case to your state. Then ask for a hearing, which should be near your hometown. Most companies are not willing to spend tens of thousands of dollars to send an agent or attorney to your state to fight an unemployment case. In these situations, you will win by default. Remember – you only have 10 days to respond to unemployment appeal questions, but so does the company. Companies with thousands of drivers eight states away can’t respond in a 10-day time frame. Most of the time when unemployment is fought, it is never heard of because of the company’s cost or inability to respond. If your case goes to trial, the judge will use two premises to make a decision: 1) what a reasonable person would expect and 2) based on a preponderance of the evidence within labor law limits. The above tips have won 99% of the unemployment cases I have fought while representing drivers.

Home time

A long-distance driver (company or O/O) not having trouble getting home? There are actually two legal ways to hold a company’s feet to the fire on home time: one through a “contract” and the other through the Equal Rights Opportunity Commission, depending on your situation. In either case, you must take pictures of your Qualcomm to show that your sender understood your request for home time and that it was approved. If you’re not using Qualcomm, I strongly recommend sending a friendly email that says “Just confirming I’m approved for my home time…” And then keep the email.

When you are approved for home time, the company is contracting with you for the time off, apart from your employment or lease agreement. Also, if the company handbook states that you will get home time every specified number of weeks upon request, that is an extension of the home time agreement. When they keep you outside of that set time, they’re breaking the contract. Companies know this. Next, keep the number of a labor lawyer in your hometown handy. 99% of the time, if you call that lawyer that you can’t get home, all he has to do is call your dispatcher, and the driver will be home within a few hours. Companies know they’re on the line because there are several federal court cases slapping companies for not getting drivers home. Another option for the driver (especially as the driver gets older) is to get home for a doctor’s appointment. If you are trying to get home to attend a doctor’s appointment for yourself, your spouse, or your children, or because all of the above are sick, you can show that the company Knows about the current, so the company can be. Violating the Americans with Disabilities Act and the Family Medical Leave Act.

If you’re sitting at a truck stop 2,000 miles from home on your home time approval day with this scenario, call your dispatcher and ask for family medical leave. If they don’t fax you or send you home right away, you can file a complaint with the Equal Employment Opportunity Commission. This federal agency has offices in every major U.S. city, so you can call any truck stop: at 1-800-669-4000. Then, tell your dispatcher that you’ve filed an EEOC complaint (they’ll give you a complaint number). The EEOC will contact the company, usually within 48 business hours, to ask “why.”

As a human resources director, the last thing I want is for the EEOC to go around because it could lead to millions of dollars in lawsuits from the federal government. All companies know this. As a driver, I’ve used both tactics and was delivered home within an hour.

Truck maintenance

If you’re a company driver who’s having trouble getting your truck fixed after making complaints, there’s a way around it that’s the opposite of unsafe truck driving. It’s a tactic I’ve used with at least two companies, and the result was the same both times: the truck was fixed on the spot. Take the truck to the nearest weigh station, park, and ask the DOT for a Level 1 inspection. If you ask about it, they have to give it to you under “probable cause.”DOT is not all bad. As long as your end is in good standing, such as driver log, HOS compliant, permits, etc, then you should be happy. If your truck has a problem that would put it out of service, and you have DVIRs showing (and you’ve scanned them to the company), Level 1 will put the truck out of service. , and none of the tickets will be valid. Be your responsibility. When a truck is sitting out of service at a weigh station, companies have to send someone out to fix it. Not only are they financially strapped to do so, but they face CSA points if they don’t. It will cost them $500 to make a phone call for roadside service, but if you’ve properly reported the truck’s problems to DVIR, that’s their problem.

Docking of salary

Some companies pay dock drivers if they stop a trailer with a blown tire, or for other minor accidents while on duty. Cash advances on ComData cards are another big issue. It depends on the state in which the company resides. In New York State, for example, it is 100% illegal to deduct a driver’s pay for anything other than taxes or court-ordered garnishments. Therefore, cash advances and docking pay cannot be legally made in New York State. However, it is legal in Indiana. Research state wage and hour laws for the company’s home state to find out. There are companies like Celadon that have a home base in Indiana but have a corporate address in Delaware (where payroll docking is illegal). Such companies must comply with wage and hour laws in the state in which they can be sued, which is usually the corporate address. Additional research will be needed.

Dispatcher harassment

A case in OOIDA v. FMCSA 7th Circuit Court of Appeals (the only court higher than the Supreme Court) ruled that companies could not be forced to use electronic logs because there was nothing to protect drivers from harassment by dispatchers. Is. In a follow-up study published in February 2012, FMSCA shows that harassment of dispatch drivers is a real problem. Under the 7th Circuit’s ruling, dispatchers are not allowed to call QUALCOMM or otherwise interrupt you, during your 10-hour break. Your 10-hour interval starts as soon as you park and goes into line 2 on your log, regardless of whether you’ve run out of time, or are too tired. There is some ambiguity about what constitutes other forms of harassment, but other workplace legal standards say that if you are being harassed, you are probably being harassed. You can report harassment to the FMCSA, and notify your sender that they are violating federal court rulings. You can also contact a labor lawyer.

Retaliation and Consequences

With rights comes responsibility. Always take the moral high ground in disputes with your company. Getting into physical fights, abandoning the truck, or otherwise losing your cool will hurt you later. Laws protecting drivers are severely lacking compared to any other worker, but the laws do exist, and they are underutilized. It is up to the driver to do what is right and legal – no one else. It’s the power of example that speaks louder than words, and it’s up to drivers to be the power of example in telling companies that they’re revenue generators – not just truck numbers.

A truck driver knows your rights and legal questions.

Hair Testing:

If an employer requires a Sikh employee to submit a hair sample for drug testing,

An employee may request a religious accommodation. Employers may waive hair checks.

Need or request an alternative test (such as a nail sample).

Headwear:

If an employer requires a Sikh with a turban for company wear (non-protective)

Headwear, the employee may request a religious accommodation. Employers should resign.

Non-protective headwear requirements If an employer or client requires a Sikh with a turban.

Wear a hard hat, please contact the Sikh Coalition for legal advice.

Kirpan:

Police should not arrest Sikhs for wearing kirpan. Clients should not stop Sikhs.

Prohibition of drivers from lifting or unloading loads to wear Kirpan.

Hate Crimes: A driver must not be verbally or physically assaulted or harassed because they

Sikhs or Indians. Similarly, his truck should not be vandalized or damaged because he is a Sikh.

The Indian

Police Stops:

If you are stopped by the police, you have the right to remain silent and talk to someone.

Mukhtar (For example, you don’t have to answer any questions about where you are.

going to, where you’re traveling from, what you’re doing, or where you live.) if you want.

To exercise your right to remain silent or speak to an attorney, say out loud.

However, refusing to answer basic questions can raise additional concerns for officers.

And this can result in long traffic jams.

In some states, you may be required to provide your name if you are asked to identify yourself, and

An officer may arrest you for refusing to do so.

You may be asked to provide proof of your license, registration and insurance. You are

These requests need to be complied with.

 You must tell the officers immediately that you want to remain silent and that you will.

To speak with an attorney if you are arrested after a traffic stop.

Do not talk to a law enforcement officer unless you have a lawyer present.

Truck Driver’s Personal Injury and Wage Rights

A legal principle that every legislator, judge, judge, and lawyer knows is “ignorance is a judicial no excuse” – ignorance of the law excuses no one. This is also a principle that every private citizen should be guided by. Here, we list your rights as a truck driver, specifically in the areas of personal injury and wages.

Personal injury

According to a 2017 report by the Occupational Safety and Health Administration (OSHA), there were approximately 450,000 accidents involving large trucks. One percent or 4,237 of these accidents were fatal, and 23% or 344,000 of these accidents resulted in injuries. It should be noted that only one fatality was reported in 91% of these accidents. In 82 percent of these crashes, the fatalities were not the truck occupants or drivers.

In such cases, serious injuries or even fatalities, are you, the truck driver, liable? And if you are injured at work, can you sue your employer, or are other parties liable? The answer is not always a clear yes or no. Therefore, you should know your rights.

Compensation for injuries

You have the right to compensation for injuries sustained at work, regardless of whether you, a co-worker or your employer is partially or fully at fault. If you are employed by a company that has opted into a state workers’ compensation program, you have the right to file a workers’ compensation claim. You are eligible for medical benefits and income benefits.

Liability of truck driver in accidents

In truck accidents, even when you, the truck driver, caused it, can you be held liable?

The answer is usually no. The legal principle of respondeat superior is generally applied first to determine who is liable in a commercial trucking accident. This rule states that a truck driver’s employer is liable for the truck driver’s actions, as long as they are acting within the scope of their employment.

Simply put, if you cause an accident during your working hours, and while you are working within your job description, your employer will be liable for any damages. This is also known as your employer being directly or indirectly liable.

An example of this is if you (the truck driver) are making a heavy cross-country delivery and you accidentally rear-end a car. Despite being behind the wheel and directly causing the accident, it is your employer who must pay for damages.

When the truck driver is personally liable.

Don’t assume that your employer will be responsible for all damages whenever you are behind the wheel and an accident occurs. You can be held personally liable for an accident if:

When working as an independent contractor

If you own your truck, pay for gas, repairs and commercial driver’s license fees, you are considered an independent contractor. Even if you are contracted with a trucking company but make your own delivery schedule, you may still be considered an independent contractor. Be careful with trucking companies that label you as an independent contractor, as this will mean that they will not be responsible for any accidents that occur while you are performing work for them.

When acting deliberately

If you, the truck driver, intentionally do something and cause damage, you are definitely responsible for the damages caused by your actions. For example, if you hit another vehicle while angry, you are personally liable. But if the trucking company that hired you knew or had reason to suspect that such acts might occur, the company may also be liable.

When you act outside the scope of your work.

If an accident occurs outside of your contracted working hours or in accordance with your job description from the company, you are liable for damages. In some cases, determining what actions are “outside the scope of work” can be a lengthy and intensive process that must be debated in court. If you took the truck “for a spin” without your employer’s permission or knowledge, and it collided with another car, you are liable. The accident did not occur within the scope of work, so you are liable for damages.

Other matters of responsibility of the trucking company

A trucking company may be indirectly liable as in the case of respondent superior, but it may also be directly liable. The most common examples where a trucking company can be held directly liable are:

Negligence in truck maintenance

If it is found that the accident was caused by the failure of the trucking company to properly maintain its trucks, they will be liable. In accordance with regulations set by the Federal Motor Carrier Safety Administration (FMCSA), wear and tear must be maintained, regularly inspected, and repaired. A trucking company must ensure that the brakes, steering wheels, and tires of their trucks are all properly inspected, repaired if necessary, and well maintained. For example, if the accident could have been prevented by inspecting and repairing the brakes or tires, the trucking company is liable.

Forcing truck drivers to work past mandatory hours

No trucking company can force you to work more hours after you’ve reached your maximum hour limit. The FMCSA sets rules for how long you can drive, how many hours you need to sleep in your sleeping berth, how many breaks you are entitled to, etc. These limits were set by the FMCSA to prevent accidents caused by driver fatigue. If the trucking company forces you to go beyond these limits, they will be responsible for any accidents that occur during these extra hours.

Negligence in recruitment

A personal injury claim against a responsible third party

In some cases, you may be able to file a personal injury claim against a responsible third party for any injuries you suffered on the job. These third parties can be other truck drivers and their trucking companies, or other motorists, if you can prove that their negligence caused the accident and your injuries as a result. Your employer may also be liable if you were hired as an independent contractor and suffered injuries as a direct result of forcing you to drive while unsafe.

Truck driver rights to safe working conditions

As a truck driver, you should be aware of your right to work in a safe environment, and you have the right to demand that your employer adhere to approved safety standards. If you find that your employer is negligent or willfully disregarding safety standards, you have the right to refuse to drive a poorly maintained, unsafe vehicle. .

If you make such a claim, you should know that your employer cannot fire, demote or discriminate against you in any way if:

• You refuse to drive a vehicle that does not meet safety regulations
• You report a violation of vehicle safety requirements.
• You allege risk of exposure to risks or actual exposure to risks.
• You testify or participate in a safety investigation or proceeding.

If you believe you have been discriminated against, you must file a complaint with OSHA within 180 days of the alleged discrimination. You can learn more about the complaint process here.

Truck Driver Wage Rights

As of February of this year, the average salary for a truck driver in the U.S. is $24 an hour. Some truck driver jobs make as little as $10.34 an hour, and some as high as $39.42 an hour. Since sometime in October 2018, there has been a big upheaval when it comes to truck driver wages. After nearly 3,000 drivers filed a class-action lawsuit, an Arkansas court handed down a landmark ruling regarding their wages.

The order states that truck drivers must receive a minimum wage for the work they perform—regardless of whether they are paid by the hour or by the mile—to comply with the Fair Labor Standards Act. go That equates to a rate of about $7.25 an hour.

The court also ruled that the time a truck driver spends waiting for his truck to be loaded is still considered work, even if that time is considered off-duty time. If you earn in the range of $700-$800 a week, this order may not affect you much, but if you are paid $200-$300 a week, you may be reimbursed or compensated with this adjustment. can be given

Your rights as an employee

Trucking companies may choose to classify their truck drivers as “independent contractors” to avoid liability in accidents, and to avoid the expense of paying hourly wages, federal and state employment taxes, and more. can While this is not outright illegal, you should be aware that many labor unions and federal regulators view this practice with suspicion. As a truck driver, you are entitled to an hourly wage, which is at least minimum wage. Some truck drivers are paid overtime, but only if their vehicle weighs less than 10,000 pounds.

Pay the deductions.

Some state laws may allow deductions from your salary as a truck driver. If you damage your truck, for example, some employers may deduct the cost of the repairs from your paycheck. In places like New York State, it’s illegal to pay deductions for anything other than taxes or court orders, while other states like Indiana allow it. Arkansas, following the same landmark decision on wages, expressly prohibits cutting truck drivers’ pay for any reason. Determining whether your trucking company pays deductions will depend on the state in which it was incorporated, and what that state’s wage and hour laws allow.

Working hours

You should know that truck drivers can be on duty for a maximum of 14 hours a day, with a maximum of 11 hours for driving. You are expected to spend a maximum of two hours waiting for shipments to be loaded or unloaded, and the remaining time will be used for breaks.

Just like any other worker in any other industry, you should know your rights as a truck driver. The work you do is hard, tiring, and can take you away from home for weeks at a time. Knowing your rights can help you ensure that your job will be a safe working environment, and protect you from exploitation or abuse.