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  #31  
Old 08-24-2008, 07:15 PM
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LeBron, I suggest you do a little research and read the FLSA for yourself. Perhaps you will better understand it. Trucking is not the only industry or profession that is exempt from the FLSA. There are quite a few who are exempt.

If you work for mileage your carrier likely pays you for the miles you run, so you are being paid for your effort. There are some who pay HHG which may short you and them on the actual miles. Most are going to practical miles that are more accurate. You are most likely paid for all the miles your carrier is paid. Some carriers pay extra for drop and hook, some don't. Those who use drop and hook do so in part to prevent you from sitting. You complain about sitting to be loaded or unloaded but also complain about having to drop one trailer to pick up another so that you can keep running. It doesn't usually take long to drop one trailer and pick up another. Not all carriers use qualcomm. The qualcomm will not tell the carrier if you are working, only your location.

I have paid my drivers when one of my trucks have broken down if they have had to sit over night and have even put them in a motel on occasion. There are other carriers who will do the same.

Depending on your rate you could make more on mileage than hourly, even with the same number of hours. Percentage will nearly always pay more than mileage, depending on the rate. When you work by the hour, you will make the same amount of money no matter how many miles you run or what the load pays. The percentage driver or mileage may or may not make more, depending on the rate. All the mileage driver has to do is drive more miles to give himself a raise or make more money. The percentage driver can make more by hauling higher paying loads. The point is that the opportunity exists to make more on percentage or mileage. It is the driver who greatly effects his income. Either gives the driver more control over what he makes.

It boils down to what you want to do. People know what this job entails and what they will be paid. You can either accept it or go find an hourly job you like. There are also other jobs you can do which don't offer an hourly wage, such as sales. There is no need to belittle those of us who choose to do this for a living. It isn't your cup of tea. There are millions of us who apparently enjoy what we do and how we are paid.
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  #32  
Old 08-24-2008, 07:52 PM
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Quote:
Originally Posted by GMAN
Trucking is not the only industry or profession that is exempt from the FLSA. There are quite a few who are exempt.
The ones I see exempt are executives, administrators, learned professionals, and outside sales. I don't see any other blue-collar exemptions besides trucking.

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When you work by the hour, you will make the same amount of money no matter how many miles you run or what the load pays.
You're wrong on two counts.

1) If I work over 8/40 hours, I get 1.5 X my hourly rate.
2) If I excel at my job, I recieve a bonus.

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All the mileage driver has to do is drive more miles to give himself a raise or make more money.
Fair enough. But what happens when he wants to work and there's no loads? Why does he have to sit in the company truck for free for 24 hours before he recieves pay?

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There are millions of us who apparently enjoy what we do and how we are paid.
Then why the huge turnover rates in OTR?
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  #33  
Old 08-24-2008, 09:52 PM
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Originally Posted by GMAN
By the way, labor laws, such as minimum wage, are established at the Federal level. Federal law supersedes state or local laws.
This is going to need a little clarification:

Federal law NEVER trumps state law. That's why the minimum wage is higher than the federal rate in many states, for example. State and local laws may provide more expansive rights. Federal law provides minimum workplace safety standards, but allows the states to take over those responsibilities and to provide more stringent standards. States rights are the very foundation of our Republic.

Now, when it comes to interstate law, states have input but that game is run by the feds. If and when states choose not to go along with the feds, the feds threaten to withold money and the states usually cave.
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  #34  
Old 08-24-2008, 10:45 PM
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[quote="MartenDrvrCA"]Im a tad bit confused on your stand point here Bigtimba.Werent you the one who was advocating swift in another thread? Now you're so anti cpm and swift? Not attacking you,maybe im mistaken.Just wanting to know where you were coming from?[quote]

Swift isn't the devil, here. Swift is a great company like I'm sure you think Marten is.

The devil is the law and the law is the Fair Labor Standards Act of 1938 . .

http://www.osha.gov/pls/epub/wageind...orStandAct.pdf

"(b) The provisions of section 7 (below) shall not apply with
respect to —
(1) any employee with respect to whom the Secretary
of Transportation *72 has power to establish
qualifications and maximum hours of service pursuant
to the provisions of section 31502 of Title 4973; or . . "

Maximum Hours
SEC. 7.35* (a) (1) Except as otherwise provided in this
section, no employer shall employ any of his employees who
in any workweek is engaged in commerce or in the production
of goods for commerce, or is employed in an enterprise
engaged in commerce or in the production of goods
for commerce, for a workweek longer than forty hours unless
such employee receives compensation for his employment
in excess of the hours above specified at a rate not
less than one and one-half times the regular rate at which
he is employed.


Swift doesn't pay overtime because the law says they don't have to. It doesn't say they can't.

If Swift were to decide tomorrow that, starting Monday, their Drivers will be paid overtime after 40, Swift would be gone by Tuesday.

Swift can't do it, Marten can't do it; no non-union company can do it. The choices are to unionize and bargain for overtime or the law needs to be changed. It will only be possible and fair when it applies to everyone.

As for CPM . . CPM as used by any carrier where Drivers are not owners is a flat out fraud. There have been many threads on that topic but I'll be happy to answer any questions.
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  #35  
Old 08-24-2008, 11:24 PM
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Quote:
Originally Posted by LeBron James

Then why the huge turnover rates in OTR?
GMAN. That question was the whole basis for the previous thread we hashed this out in.

The money is not worth the aggravation.

The question is the same and the answer is the same. Pay fair. If pay is fair, pay will improve. If pay improves, the work will become more attractive. Happy workers will work hard to keep their jobs and the slackers will find their own way out.

You are a staunch supporter of good paying freight yet, at the same time, you say the economy can't afford higher rates. Well. Which is it?

I picked up a load of bottles made in Mexico and took them to a warehouse in the US. From that warehouse, the bottles will be shipped to Canada where they'll be labeled. From there, they'll be shipped back to the same warehouse where I dropped them to be filled.

You could argue that the cost of sole-sourcing in this country is too high. I'd argue that the price of shipping this stuff back and forth across the country is too low.
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  #36  
Old 08-25-2008, 04:46 PM
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Ah hell Lebron/Timba. You would probably have more success herding cats than trying to talk any sense in to GMAN. (or his sometimes wingman Twilight Flyer :P ).

Those two are so steeped in their traditionalist/apologist views, that you would find that a mule is far less stubborn.

They are indeed, the Norman Rockwells of CAD. :lol:
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  #37  
Old 08-25-2008, 10:28 PM
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Bigtimba..there are many many non-union driving jobs out there, which pay better hourly and provide better benefits, than do the union driving jobs.

Some of those companies are fuel haulers...such as where Blepre works. Others are companies like GEBetz, They pay their drivers hourly, plus OT after 8/40. They pay double time, and triple time and a half, for weekends and holidays worked. The drivers are not required to use the sleeper. GEB pay's for the motel room. Last I heard GEB drivers were making $27.85 an hour.

GEBetz has a hiring standard that makes TWIC seem like a walk in the park.

GE Water Processes...the division of "GE" that GEBetz is a part of, runs dry van. Their standards are a bit less restricitive. their pay is managed differently, yet the drivers make the same wage as do GEB drivers. All those drivers receive "GE" benefits.

As for the rest of you...Your not seeing the message "G" is trying to impart upon you. Business has the choice of paying hourly or mileage. Business has the choice to pay OT or not pay OT.

Belpre...how would you feel if your OT stopped because you crossed a state line?

How would you feel if suddenly you were out of work, because your pay out ran the rate? This is where "G" is coming from. If the truck is not making the rate...how does the truck pay the driver? And in trucking...If the truck is not making the rate..the driver isn't making money..period. Even local trucks have to make "Rate" in order to pay the driver. When there is no work what happens? Does the driver sit at home getting paid, because there is no work? Not hardly. Low man on the Totem Pole gets to go hungry...that is the "Union" way.


When I was at ARCO...if there was no work for trucks, (and because the company gauranteed a driver 10 hours per day, four days per week) if a driver sat at home, The first driver to sit was the senior driver for that shift. It worked down the totem pole from there. In Seattle we were none union. Rarely did a driver get asked to sit at home. Usually work was cut up and the entire shift would work 4 to 6 hours, yet still be paid for 10.

That was then..now such is not the case. Now..with BP..no work..no pay.
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  #38  
Old 08-25-2008, 11:40 PM
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Quote:
Originally Posted by Orangetxguy
Low man on the Totem Pole gets to go hungry...that is the "Union" way.
Thats the way it should be
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  #39  
Old 08-25-2008, 11:57 PM
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It's unbelievable how stubborn all you guys are! :roll:
Why cant we just talk about each others jobs rather than trying so hard to convince each other that ours is the best? I dont doubt for a minute that GMAN, Orangetxguy, Lebron, and Belpre all do well in their respective fields. And as for the union bashing we're not any different than you guys are. We want the best pay we can get just like you. Why do you sit waiting for $4 a mile when you have $1.50 there for the taking? The same reason I wont work for $12/hr thats why. And if I were an O/O and you a company driver we'd both be the exact same way. And I dont care about killing the cash cow. If he dies I"ll find another job! No problem! And lazy? Please! Do my job where I hook 4 sets/8 trailers every night, or DoubleR in foodservice, Lebron doing P/D, I dont think any of us are lazy or we wouldnt have our job or the motivation to get a good job. Well Mackman might be lazy, ITS A JOKE! I'M JUST KIDDING! You guys who have done well in OTR are the exception to the rule, congrats. By the same token good local jobs are hard to come by which makes us the exception to the rule also. We all do well in the field we want to be in. We should be sharing how we did it with those who are interested instead of bickering over who has the better way. Face it, 75% of all trucking jobs suck anyway so lets help those who want to know what else is out there.
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  #40  
Old 08-26-2008, 12:00 AM
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Quote:
Originally Posted by Snowman7
Well Mackman might be lazy, ITS A JOKE! I'M JUST KIDDING!
Somebody has to milk the clock for all its worth. :lol: :lol:
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