Dump Truck Drivers Must Be Paid For All Hours Worked
There are dozens, if not hundreds of Wisconsin companies that employ dump truck drivers to deliver construction materials to jobsites. The construction companies that hire these dump trucks for their projects would ordinarily only pay the truck between the time when the trucks are loaded with construction materials for the first time on the day, and when the trucks are unloaded of construction materials for the final time on the day.
Before the trucks are loaded for the first time on the day, dump truck drivers often have to perform additional work such as receiving work instructions, performing a pre-trip inspection, driving to the first loading site for the day, and waiting at the loading site to be loaded. After the trucks are unloaded for the final time on the day, dump truck drivers often have to perform additional work such as driving the trucks back to the company yard, fueling the trucks, and filling out paperwork. The drivers often do not receive separate hourly pay for their work time before their trucks are loaded for the first time on the day, and after their trucks are unloaded for the final time on the day.
Under Wisconsin regulations, in particular DWD §272.12(1)(a)1, the dump truck driver must be paid for all time spent working for their employer, including time worked before their trucks are loaded for the first time on the day, and after their trucks are unloaded for the last time on the day. The DWD promulgated DWD §272.12(1)(a)1 pursuant to its authority under Wis. Stat. §103.02 to set out rules for what hours must be paid at the employees’ regular rate, and what hours must be paid at overtime rates. Combined, Wis. Stat. §103.02 and DWD §272.12(1)(a)1 provides that drivers must be paid for all of their work time at their regular rates. In Bakkestuen et al v. Lepke Holdings, Vernon County Circuit Court found that dump truck drivers are entitled to additional hourly pay for their unpaid work time. A copy of the decision can be found here. Bakkestuen is consistent with United Food Workers Local 1473 v. Hormel Foods, 2016 WI 13 ¶102 (2016), which held that Hormel Foods employees were entitled to additional pay at their regular rate for their unpaid time donning and doffing their protective clothing and equipment. Similarly, dump truck drivers are entitled to pay, at their regular rate, for all time spent working for their employers.
If you are, or know of any truck drivers who are not being paid for all of their hours worked, please contact the writer of this blog, Yingtao Ho, at (414) 240-1185.