Cailfornia Overtime

[fuelman]

I for one think the fed and state politicians stick thier nose into my private life just a little more than I can tolerate.

The state has been suing fuel carrier companies for not paying OT over 40 hours. It has finally come to my company and everybody is in an uproar over the situation. The owner says he would rather park the truck than pay OT and has been his position for the last 15 years. All the drivers were aware that this was a straight hourly job and signed a statement concerning hourly pay. The owner has raised the hourly wage in the past to keep up with the other carriers that do pay OT just to keep his experianced drivers. The Interstate Carrier Laws must have been rewritten or revised. We do go from colton ca. to las vegas to get biodiesel a couple times a month.

Bottom line is the state is screwing up a good thing for a lot of drivers. Overtime means nothing if you don'nt get any!!!!! This owner is the type of guy that will flip them the bird and close the door tomarrow,(you can'nt tell me what to do!!!) He'll just take his millions and retire.

Anyway, just needed to rant a bit, sometimes wish I had been born bout 1810 and when someone crossed you(state lawyer) you just pulled out your 6 shooter and blast''em, you know Client Eastwood style.

Peace Out 8) 8)
FUELMAN

[Malaki86]

Truck drivers are in our own little world. We are not regulated by OSHA or any other federal employment standards. So, we don't get OT, we don't fall under the OSHA regs for having an environment that is too hot/cold to work in, etc.

[TCT]

Fuelman,

Who do you drive for... Pacific Tank Lines?

[Evinrude]

I for one think the fed and state politicians stick thier nose into my private life just a little more than I can tolerate.

The state has been suing fuel carrier companies for not paying OT over 40 hours. It has finally come to my company and everybody is in an uproar over the situation. The owner says he would rather park the truck than pay OT and has been his position for the last 15 years. All the drivers were aware that this was a straight hourly job and signed a statement concerning hourly pay. The owner has raised the hourly wage in the past to keep up with the other carriers that do pay OT just to keep his experianced drivers. The Interstate Carrier Laws must have been rewritten or revised. We do go from colton ca. to las vegas to get biodiesel a couple times a month.

Bottom line is the state is screwing up a good thing for a lot of drivers. Overtime means nothing if you don'nt get any!!!!! This owner is the type of guy that will flip them the bird and close the door tomarrow,(you can'nt tell me what to do!!!) He'll just take his millions and retire.

Anyway, just needed to rant a bit, sometimes wish I had been born bout 1810 and when someone crossed you(state lawyer) you just pulled out your 6 shooter and blast''em, you know Client Eastwood style.

Peace Out 8) 8)
FUELMAN

Let him close the doors. The fuel will still need to be moved. Go and apply to the carriers that will pay the overtime and make more money. Btw companies cant make you sign not to get paid overtime unless it part of a collective agreement.

[Kranky]

All the drivers were aware that this was a straight hourly job and signed a statement concerning hourly pay.

Hourly non trucking jobs pay overtime, why shouldn't hourly paid truck drivers get it too?

Why anyone would willingly relinquish their right to be compensated for overtime is beyond me.

Bottom line is the state is screwing up a good thing for a lot of drivers.

How so? By trying to increase your weekly paycheck? By making sure you get the overtime pay that workers in other types of jobs take for granted? By enforcing the law?

The law is the law, if the company is not following the law, then the state must enforce the law.

[Evinrude]

I for one think the fed and state politicians stick thier nose into my private life just a little more than I can tolerate.

The state has been suing fuel carrier companies for not paying OT over 40 hours. It has finally come to my company and everybody is in an uproar over the situation. The owner says he would rather park the truck than pay OT and has been his position for the last 15 years. All the drivers were aware that this was a straight hourly job and signed a statement concerning hourly pay. The owner has raised the hourly wage in the past to keep up with the other carriers that do pay OT just to keep his experianced drivers. The Interstate Carrier Laws must have been rewritten or revised. We do go from colton ca. to las vegas to get biodiesel a couple times a month.

Bottom line is the state is screwing up a good thing for a lot of drivers. Overtime means nothing if you don'nt get any!!!!! This owner is the type of guy that will flip them the bird and close the door tomarrow,(you can'nt tell me what to do!!!) He'll just take his millions and retire.

Anyway, just needed to rant a bit, sometimes wish I had been born bout 1810 and when someone crossed you(state lawyer) you just pulled out your 6 shooter and blast''em, you know Client Eastwood style.

Peace Out 8) 8)
FUELMAN

I would be getting A labor lawyer and suing the owner for my lost OT pay and interest...No wonder his is a millionaire he stole your money and all the drivers that works there.

[DaveFromColorado]

Looks like you guys are missing the point that these drivers are happy working for the pay they are already receiving, and I think that should be the bottom line. If they are happy, than what right does the government have to step in and say "you're unhappy and we're going to fix it for you" ...

It's another process of the government thinking for the people because they're too stupid to do so for themselves. (note the sarcasm there)

--Dave.

[Evinrude]

Looks like you guys are missing the point that these drivers are happy working for the pay they are already receiving, and I think that should be the bottom line. If they are happy, than what right does the government have to step in and say "you're unhappy and we're going to fix it for you" ...

It's another process of the government thinking for the people because they're too stupid to do so for themselves. (note the sarcasm there)

--Dave.

Because your competition has to pay there drivers OT and they may loose there costumer's to your company that pays there drivers less creating a race to the bottom scenario. Next thing ya know the pay sucks like OTR and the turnover rate goes through the roof.

[DaveFromColorado]

The line that keeps getting overlooked is as follows.

The owner has raised the hourly wage in the past to keep up with the other carriers that do pay OT just to keep his experianced drivers.

Peace Out 8) 8)
FUELMAN

Additionally, he'd commented about how the owner had been operating this way for the past 15 years, and in 15 years, the scenario you're describing of loads of turnover, and such just hasn't happened.

I don't see why the government needs to step in - do they really think people are that stupid? It's that "we know what's good for you, better than you do" attitude. Welcome to the Socialist country of America.

--Dave.

[GMAN]

What difference does it make if the owner pays over time or not as long as his employees are happy and making the money that they want? Apparently, he is paying them about the equivalent of other drivers who are getting over time pay. It sounds to me as though they are talking semantics. All this guy will do is reduce their hourly pay so that he can afford to pay the over time. They won't make any more money and could make less if their current hourly pay is high enough. He stated that these drivers were happy with their pay. It seems to me that if they aren't happy then they can find a job that does pay over time and where they can by happier.

[Part Time Dweller]

Then again there are drivers happy driving OTR for .30-.35 cpm with no benefits. Using Gman's logic, that should be OK also, but in reality all it does is drive wages down across the industry. Sadly, many in OTR are more worried about how many miles they can get per week than what the pay per is.

The same thing can be said about companies that don't pay OT. Driver A gets OT, works 40 and makes what driver B makes working 60 at straight time. I see it as the dumbing down of the workforce. OT was instituted years ago as a way to make an employer pay if they wanted an employee to work more than the standard 40 hour week. Today, companies try to skirt the OT laws and convince their employees that working 60 per week is fine, after all, you are making the same $ as the other guy.

[TCT]

What difference does it make if the owner pays over time or not as long as his employees are happy and making the money that they want? Apparently, he is paying them about the equivalent of other drivers who are getting over time pay. It sounds to me as though they are talking semantics. All this guy will do is reduce their hourly pay so that he can afford to pay the over time. They won't make any more money and could make less if their current hourly pay is high enough. He stated that these drivers were happy with their pay. It seems to me that if they aren't happy then they can find a job that does pay over time and where they can by happier.

Agreed, I'm not sure if he works for Pacific Tank Lines or not, but if he does, he's probably pulling down 65 - 70K annually, and he's home every night. PTL runs 24 - 25 days a month w/ maximum hours and their paychecks reflect that.

My company works in the same area that the fuelman does and we work 4-10's and we get paid overtime after 10/40. Now you can roll with us and make 50K a year, or you can work with a company like Pacific Tank Lines (local company that doesn't pay OT) and work more hours and make 65 - 70K. Personally, I like my 3 days off every week, and when I hired on here, I didn't really need or want the heavy hours. Others drivers may make different choices for whatever reasons. Maybe, his wife wants to stay at home with the kids, or maybe he just needs to make more money because of his monthly overhead... who knows?

Bottom line is, I could go work over there and make a lot more money, but I'd be unhappy due to the heavy hours, and he could come over here and have more time off, but go broke.

He's happy where he is at, and so am I.

[GMAN]

I am not saying that the employer should not pay overtime, but if his employees are happy and making the same money as their counterparts at other companies, then why should the government even get involved? If these people are not happy then they can always go somewhere else. I don't think it is a matter of driving wages down. He stated that they were making about the same money as others, even though they were being paid overtime. If they make the same money, I don't see that it should matter.

I think that everyone should be paid based upon their productivity. Some would prosper while others faltered. We would see right away who was working and doing their job. If everyone was paid percentage then the problem of whether to pay overtime would not even need to be addressed. The more productive you become the greater your income. I think that that is the fairest way to pay people.

[Mackman]

Then again there are drivers happy driving OTR for .30-.35 cpm with no benefits. Using Gman's logic, that should be OK also, but in reality all it does is drive wages down across the industry. Sadly, many in OTR are more worried about how many miles they can get per week than what the pay per is.

The same thing can be said about companies that don't pay OT. Driver A gets OT, works 40 and makes what driver B makes working 60 at straight time. I see it as the dumbing down of the workforce. OT was instituted years ago as a way to make an employer pay if they wanted an employee to work more than the standard 40 hour week. Today, companies try to skirt the OT laws and convince their employees that working 60 per week is fine, after all, you are making the same $ as the other guy.

AMEN TO THAT. Guys that work hourly jobs and dont want OT are nothing but scabs in my eyes. They are whats messed up in trucking today.

[fuelman]

Interesting how some of the responses are to get a lawyer or cash in on past OT. A lump sum payout after lawyer fees does not replace my income for the next 10 years and most importantly I agreed to work for straight time in the first place, a matter of my word or honor to pre-emploment agreement.

I should back peddle here and state that the State has NOT sued this company but is after several others. Have since had a saftey meeting since I posted this and we spent some time discussing this topic. The owner has sat down with his lawyers, the DOT, and labor lawyers. They all say he is following the law depending on your interpertation of the interstate carrier laws. Does the law pertain to the actual truck or the commodity you are carrying?????

Anyway, there appears to be large gray areas, and our owner says he will always follow the law as he has worked for shady companies in the past and will not ask his employee's to bend the rules.

Will be interesting to see how the next few months pan out, several contracts are up for bid and we are just waiting to see who gets what. Interesting to note that TESORO has told our owner that our operations in southern cali are EXCEPTIONAL, ALMOST PERFECT.

TCT, I work for the company that delivers to circle K and USA.

BTY, interesting to note my wife works for the Riverside County Hospital and she does not get overtime, she works 9/80 and anything over 80 is straight time comp time. Go figure, county/state employee not getting overtime!!!!!!

PEACE OUT 8) 8)
FUELMAN

[Central Coast Driver]

Why are they only enforcing this on the fuel carriers?

I don't work for a fuel carrier, but I work between 50-60 hours a week and get paid salary. I'm very happy with my pay and I am paid more than the competitive standard pay rate at what someone is making with overtime. I am very happy with who I work for. I hope they don't start doing this to all the carriers in California who don't pay overtime.

[Evinrude]

Then again there are drivers happy driving OTR for .30-.35 cpm with no benefits. Using Gman's logic, that should be OK also, but in reality all it does is drive wages down across the industry. Sadly, many in OTR are more worried about how many miles they can get per week than what the pay per is.

The same thing can be said about companies that don't pay OT. Driver A gets OT, works 40 and makes what driver B makes working 60 at straight time. I see it as the dumbing down of the workforce. OT was instituted years ago as a way to make an employer pay if they wanted an employee to work more than the standard 40 hour week. Today, companies try to skirt the OT laws and convince their employees that working 60 per week is fine, after all, you are making the same $ as the other guy.

I agree with you 100 percent.

[Evinrude]

Interesting how some of the responses are to get a lawyer or cash in on past OT. A lump sum payout after lawyer fees does not replace my income for the next 10 years and most importantly I agreed to work for straight time in the first place, a matter of my word or honor to pre-emploment agreement.

I should back peddle here and state that the State has NOT sued this company but is after several others. Have since had a saftey meeting since I posted this and we spent some time discussing this topic. The owner has sat down with his lawyers, the DOT, and labor lawyers. They all say he is following the law depending on your interpertation of the interstate carrier laws. Does the law pertain to the actual truck or the commodity you are carrying?????

Anyway, there appears to be large gray areas, and our owner says he will always follow the law as he has worked for shady companies in the past and will not ask his employee's to bend the rules.

Will be interesting to see how the next few months pan out, several contracts are up for bid and we are just waiting to see who gets what. Interesting to note that TESORO has told our owner that our operations in southern cali are EXCEPTIONAL, ALMOST PERFECT.

TCT, I work for the company that delivers to circle K and USA.

BTY, interesting to note my wife works for the Riverside County Hospital and she does not get overtime, she works 9/80 and anything over 80 is straight time comp time. Go figure, county/state employee not getting overtime!!!!!!

PEACE OUT 8) 8)
FUELMAN

Your wife is probably in a union. They have to negotiate there working conditions with there employer, there some excepts like workers comp are non negotiable. She has the right to vote. Unlike in your case were the owner asumes everyone is happy.

[Mackman]

Why are they only enforcing this on the fuel carriers?

I don't work for a fuel carrier, but I work between 50-60 hours a week and get paid salary. I'm very happy with my pay and I am paid more than the competitive standard pay rate at what someone is making with overtime. I am very happy with who I work for. I hope they don't start doing this to all the carriers in California who don't pay overtime.

Salary and hourly pay are 2 diff. things. I would never take a driving job getting paid salary. But all hourly jobs should get OT after 40.

[Central Coast Driver]

Mackman wrote: Salary and hourly pay are 2 diff. things. I would never take a driving job getting paid salary. But all hourly jobs should get OT after 40.

Hey Mackman, I felt the same way until I put in some time with them. Now I am getting close to what guys are making hauling fuel. Not quite 65k yet but a few more years and I will. I also get good bonuses and some of my stores give me tips. So this job does pay more than what other companys are paying their hourly employees after they put in double time even.