My husbands employer has instituted a policy that penalizes route drivers if they don't complete their route within a prescribed time period. It does not take into account weather, traffic jams, break downs or other circumstances.
If a driver does not meet his "goal hours" the company will deduct up to 15% of his hourly base wage, in essence he makes less the more hours he works. When you plot it out it amounts to an attempt to subvert the Overtime rules laid out in FLSA. The drivers make no more money if they work more hours and in fact they end up making less money.
Furthermore, if the truck breaks down the company will deduct from his hourly wage and the first hour of downtime will affect his "productivity" and cause him to miss his goal hours for the week.
The policy encourages drivers (driving garbage trucks) to work faster and not take their breaks in order to meet their goals, though it's not written out specifically as such. No one will be able to meet their goal hours. My husband is one of the fastest route drivers and he typically works 50+ hours a week when there's no snow, no lines at the transfer station and no issues with his truck that is very poorly maintained. His goal hours are 43.4 hours. With this new policy he will in essence be "donating" the balance of those hours because his pay will decrease and he'll earn about $138 a week less than he does now.
Is this legal?
If a driver does not meet his "goal hours" the company will deduct up to 15% of his hourly base wage, in essence he makes less the more hours he works. When you plot it out it amounts to an attempt to subvert the Overtime rules laid out in FLSA. The drivers make no more money if they work more hours and in fact they end up making less money.
Furthermore, if the truck breaks down the company will deduct from his hourly wage and the first hour of downtime will affect his "productivity" and cause him to miss his goal hours for the week.
The policy encourages drivers (driving garbage trucks) to work faster and not take their breaks in order to meet their goals, though it's not written out specifically as such. No one will be able to meet their goal hours. My husband is one of the fastest route drivers and he typically works 50+ hours a week when there's no snow, no lines at the transfer station and no issues with his truck that is very poorly maintained. His goal hours are 43.4 hours. With this new policy he will in essence be "donating" the balance of those hours because his pay will decrease and he'll earn about $138 a week less than he does now.
Is this legal?
