Praxair Driver Requirements May Not Allow for Mandatory Breaks

Praxair Inc., a provider and transporter of industrial gases, was founded in 1907. The company’s headquarters is in Danbury, Conn., but because it is the largest of its kind in North and South America, there are hubs in several states and drivers that cross state lines delivering these gases.

Praxair driver requirements that make it mandatory for drivers to stay with trucks due to the hazardous material being transported may not allow for meal and rest breaks as stipulated by law in California.

The state of California has very specific rules on breaks at work that are based in labor law. These rules on breaks at work create more worker-friendly requirements than those provided by federal law.

For example, a 30-minute “off-the-clock” meal break must be honored if a shift is more than five hours long and should be scheduled prior to the completion of that fifth hour. If an assigned shift is more than 10 hours in length, a second 30-minute meal break is required by law.

In addition to the 30-minute meal break requirement, the State of California lays out rules on breaks at work that are typically 10-minute rest breaks. A rest break is “on-the-clock” or paid. One 10-minute break needs to occur for every four hours worked and, if a shift is at least six hours, a second 10-minute break needs to occur.

Praxair driver requirements, which disallow freedom of movement away from the truck and its hazardous contents, may not allow drivers to take these meal and rest breaks. Meal and rest breaks are not supposed to have any work duties connected to them.

If the driver were a stationary employee, they would be allowed to go off-premises, since break time is their time. Having to stay with a truck to guard its contents for public safety keeps drivers from using their break time with the full freedom that other employees have.

Praxair driver requirements may not allow for the standard mandatory meal or rest breaks. In lieu of these, the company may have to pay drivers for the on-duty time to be compliant with rules on breaks at work. If there is a lack of an “off-duty” meal break, workers may be entitled to one hour of pay at their base rate.

Employer-Employee Options

When reviewing these state of California rules on breaks at work, it is important that an employer come to a pre-arranged agreement with an employee if changes need to be made to a typical break schedule or the breaks need to be waived in favor of payment. A group of former drivers for the industrial gas company alleges that these prior agreements were never made.

The same group of drivers say the company established Praxair driver requirements that do not allow for normal and expected meal and rest breaks established by California state law. Compensation for the missed meal and rest breaks was never forthcoming, according to the former Praxair drivers. An investigation is underway to determine the legal integrity of the case.

If you are or have been a driver for Praxair and feel like your rights were violated under California State law, you may qualify for a free legal consultation with a employee rights attorney.

Join a Free Praxair Driver Class Action Lawsuit Investigation

If you work or have worked as a truck driver for Praxair and you were denied meal and/or rest breaks during your shifts, you may qualify to file a Praxair wage and hour lawsuit or class action lawsuit.

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