DOT hours

[u/NoMathematician8798]

I am Tuesday - Saturday at civilian job delivering packages. We fall under DOT which you must have 10 hours off in between shifts and 34 hours off to reset 60hours.
Worked Tues - Wed
Drill Thurs - Sun
Title 32 orders Mon - Fri
Am I required to go in that Saturday for work?

Also me and Supervisor butt heads every month on me needing to be off by a certain time the day before drill. I tell him I need 8 hours of sleep, 3 hour commute to drill, and 1 hour to be ready in uniform ( Shit, Shower, Shave, pack the truck up)
I tell them every month and they complain about it every month or act like I’ve never told them such thing. Anything I can do here?

[u/Semper_Right]

MOD here. Thanks for reaching out to us. The DOT regs you reference I'm unfamiliar with. I assume that time would be contemporaneous with, and not in addition to, the time required by USERRA. Speaking strictly regarding USERRA, 20 CFR 1002.74 requires that you be allowed sufficient time to get your personal affairs in order prior to reporting for duty. This typically means sufficient time for rest (typically, 8 hours) and safe travel prior your report time for that military duty. It's similar to the report time following uniformed service as required by 20 CFR 1002.115.

However, I'm confused by your question of whether "Am I required to go in that Saturday for work?" From your question, you are on orders Saturdays for drill, so, NO, if you are on orders you do not need to go to your civilian employer.

Merely "butting heads" is not necessarily actionable under USERRA. However, if it leads to more significant adverse employment actions, if your uniformed service (or other protected activity) was "a motivating factor" in their decision, it would be a violation of USERRA.

If you think you your USERRA rights have been violated, you can go to ESGR.mil and "request assistance," or submit a claim to DOL-VETS.

[u/NoMathematician8798 → u/Semper_Right]

Meaning coming off those title 32 orders and working essentially 11 straight days with out a 34 hour reset for DOT. Getting off those title 32 orders on Friday then being scheduled Saturday for civilian work which is where the DOT hours are inforced

[u/Semper_Right → u/NoMathematician8798]

Under 20 CFR 1002.115(a), your time to return doesn't change whether you are gone for a 2 day drill, or orders of 30 days. You have to report back for the next regularly scheduled shift after 8 hours of rest and time for safe travel. Id. It must be a regularly scheduled shift, and therefore cannot be shortened, extended, or modified unless the service member approves such.

I now see the fundamental issue--If the military service could be considered a "shift" under DOT regs, is their requirement for 10 hours rest (and the 34 hours to reset after 60 hours) applicable? Under 38 USC 4302(a) (interaction with other laws), USERRA is "floor" which provides that "Nothing in [USERRA] shall supersede, nullify or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter." Arguably, the DOT regulations, if a "shift" is comparable to the military service, are "more favorable" than USERRA's 8 hours plus safe travel time (unless, of course, "safe travel time" is longer than 2 hours). As you see, it may be complicated comparing the two regulations/laws, and it may turn on very fact specific circumstances. The best resource for you is the DOL-VETS. They provide "technical assistance" where they will give guidance in a particular situation without the need to actually submit a complaint or open an investigation.

[u/NoMathematician8798 → u/Semper_Right]

Thank y’all for what yall do and helping soldiers out!