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Originally Posted by belpre122
Steve.....I run 100 Air Mile Radius (now known as 'short haul exemption')
I haven't touched line 3 in years on a log book. Been DOT'd more times than you have toes and fingers. No violations, ever.
Guess I shouldn't have been paid? Just sayin.................
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Good to see you back and causing trouble again, Belpre!
If, by this post, you are asking if you shouldn't be paid while punching a clock now... instead of for the extra work you did back when you were CPM... you know the answer to that. You ARE being paid for all "non-driving" duties for the time you are on the clock, as ALL that time is considered either line 3 or line 4. [Maybe even line 5 in YOUR case!]
As for your original post: I can't believe CRST settled the suit in the White case, but... I don't know what unscrupulous hiring practices they engaged in. However... wasn't there a thread about DAC being sued (and losing) for their "reporting" practices? If so.... shouldn't CRST be able to claim they were "injured" by DAC and therefore not responsible for hiring decisions based on "at fault" reports?
As for the Dychter Lawsuit?
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Ground guiding etc., is a part of the job. MORE IMPORTANTLY it is work. That should be paid accordingly. Why shouldn't these peripheral activities be compensated?
Part of the job? It's included in the rate? C'mon Steve! That's all been run through this board and all of these others ad nauseum.
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You're right! All of that WAS hashed out before.... and my side WON! Per that "exemption" to the FLSA you cited, CPM was decided to be fair compensation for all ancillary duties involved with "relocating" the freight. Don't like it? Don't do OTR. Get a local job and punch a timeclock.
Local "timeclock" jobs around here pay about $12/hr. My CPM rate works out closer to $20/hr plus. That's including all line 4 time that I actually LOG. EVEN if I added another 10 hours for line 4 time that I am "conserving," (not logging so that I COULD take another load if I wanted to,) it would still work out to about $17/hr. Why would I give that up for another 10 hours worth of line 4 pay at $12/hr? [AND lower my rate on the original hours spent on line 3 to $12/hr?]
Besides.... you start logging ALL that line 4 time (and PROVING it,) and all you're gonna do is burn up your 70 hour clock sooner, requiring a restart or limiting your line 3 time on any given day. Might not be able to TAKE that load you wanted... and have to SIT and wait (unpaid) for a shorter one. And that's not even considering what Steve said about 'busting' your 10 hour break! (whether team OR solo.)
I can't believe the lawyers were stupid enough to even file it. I guess THEY don't do their research, either. That same exclusion to the FLSA you mentioned, and YEARS of precedent upholding CPM as a recognized substitute for hourly wages, makes it totally unsustainable.
When I had my business recharging toner cartridges for laser printers/copiers.. and fixing said machines.... I could make say, $60 profit on a cartridge for 30 minutes of actual labor. You think I could have billed that at $120/hr to the customer? On a machine repair job, I would go to the customer, leave them a loaner, pick their machine up and transport it to my business. Then, I may spend an hour or two investigating the problem, reading tech manuals, maybe even "consulting" with others, drinking a beer or two, cleaning the machine, and fixing minor unrelated problems. Might have 3-5 "actual" hours involved before getting it back to them. But... at $75/hr labor rates, could I charge them $300+ to fix a machine they could replace for just a little more? No... but, I could probably justify 1.5 hours labor and (with a little markup on the parts,) net about $150 for "the job." Then there were times I could fix the problem in 30 mins, and I sure wasn't gonna do all that work for $37.50!
IOW.... it all works out in the "wash." A company pays, and workers accept, a "rate" of pay that satisfies the VALUE they put on their time or on the service. My CPM rate is more than generous enough to cover any and all ancillary duties involved with moving the freight. If I had to account for every hour I actually worked... and they PAID only $12-15/hr FOR every hour I actually worked.... I would be losing hundreds of dollars per week! [At minimum wage... WITH overtime.... I couldn't even pay my bills!]
The plaintiffs in the Dychter case need to read my sigline! If they're not happy making
at least 1.5 times the weekly pay of a factory worker, they need to move over and let someone else have the job!
P.S. Hey Bel! If you're back in Speedway.... does that offer still stand on the Brickyard?