Rogers, AR asked in Employment Law for Arkansas

Q: Is it unlawful for a company that utilizes DOT certified box trucks to make non - DOT certified employee operate them?

Employer having installation crew work double shifts, making them drive 4 hours back home expecting them back at work 4 hours later to travel again and work a double shift. One of the employees inadvertently put unleaded gas in diesel truck. He since left the company but they reversed his paycheck out of his checking account and told him he needs to turn in repair work into his insurance co or pay their ins deductible which is $2,500. I don’t think this is legal

They still owe him another week pay plus they have not paid him per diem since he became employed 5 weeks ago. They have been making him drive DOT box truck since 1st day of hire even after he signed a form saying he was not DOT certified. All of this is causing a financial hardship on him as well as being distraught. Put the wrong fuel in the truck was not malicious but was due to lack of rest because of hours being worked. They are supposed to be able to spend night in motel instead of being made to drive back 4 hours

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1 Lawyer Answer
Chris W. Burks
Chris W. Burks
  • North Little Rock, AR
  • Licensed in Arkansas

A: Thanks and it sounds like there are several legal issues here. There might be minimum wage and/or overtime violations based on 'reversing' his paycheck. He and others could be owed money. There also might be issues to take up with the DOT. Please contact a labor/employment lawyer

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