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  #11  
Old 03-07-2009, 12:36 PM
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Originally Posted by Biscuit Lips View Post
I guess you can call them lumpers if you like, hell, you can call them Smurfs if it make you feel better but they are paid by the hour and do receive a W2.
No, they don't. I was in HHG for several years. I NEVER paid a lumper off a W2. They were ALWAYS paid via a 1099. They were casual contract labor.

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The driver/s are paid by the hour, as well. This is an agent of U.V.L. and we do alot of local moves, office stuff, and storage; but they are saying that the guys that ride with the driver to the job site are to be paid .16 cents per mile if the trip is over 100 miles. They usually don't travel father than 300 miles but sometimes have to travel back and forth for several day to complete a job. And I am the guy that they come complaining to because they are not getting overtime when they get paid for these lenghty drives. Just trying to figure out the legality of this situation. If they get paid hourly normally, why would they not get paid by the hour when they have to ride 120 miles or so?
Now you are talking about something completely different. You are talking about jobs where the motor carrier is paying everyone, rather than just the independent contractor driver.

The carrier is allowed to pay via any pay scale that the employee agrees to. That's one of the neat things about trucking. They are paying hourly for the time they are working, but by the mile when they are traveling to and from the job site. That is within their right to do so. And they are clearly doing so to avoid paying overtime.

If they are carrying the freight onto the truck, at which point the driver is loading the freight, they are still working "on" a motor vehicle weighing 10,001 lbs or more, are still "loading" the trailer, and are subject to the exemption. If they never leave the confines of the house, or bring the stuff to the ground outside the motor vehicle and never set foot in the trailer with freight, they are not "loading" a trailer, and would not fall within the overtime exception.

Ultimately, it all depends upon who is paying for the labor. If it is the driver who is paying for the labor (which is usually the case) then they are casual contract labor, and are being paid on a 1099.
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  #12  
Old 03-07-2009, 01:01 PM
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Well this has nothing to do with HHG but in my industry its normal to be paid mileage for driving and hourly for non driving duties. So if we did p&d, dockwork or jockeying it was hourly and we get overtime after 8 or 40. But we can drive linehaul up to the limits of HOS and not get overtime, even when we go on the clock at the end of our run. The mileage pay is considered piece work and not eligible for overtime. As Rev suggested it sounds like your payplan is designed to avoid paying OT.
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Old 03-07-2009, 05:22 PM
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Don't take this the wrong way Rev. Vassago, but can you even read Either you can not read or have a very low comprehension. This has nothing to do with independent contractors or 1099's. No insult intended:thumbsup:
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Old 03-07-2009, 05:42 PM
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Were you talking about "packers"?
Most of the moving companies around here have their own packers, loaders, drivers, etc.
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Old 03-07-2009, 06:09 PM
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Quote:
Originally Posted by Biscuit Lips View Post
Don't take this the wrong way Rev. Vassago, but can you even read Either you can not read or have a very low comprehension. This has nothing to do with independent contractors or 1099's. No insult intended:thumbsup:
It's clear that insult WAS intended. It's also apparently obvious that you don't even know what it is that you are asking.

The first two sentences you posted in this thread:

Quote:
I am trying to do some research about whether packers and loaders in the moving industry are entitled to overtime. Those that do not drive but ride with a driver or by other means go to jobsites and pack people's belongings.
These things are subcontracted from the drivers, and are paid via a 1099. I know this for a fact, because I PAID PACKERS AND LOADERS TO GO TO JOBSITES AND PACK AND LOAD OTHER PEOPLE'S BELONGINGS.

Since you're the one here asking questions, it's pretty clear that you're the one who has no idea what you're talking about.

But whatever - you know everything already.

:roll:
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  #16  
Old 03-07-2009, 08:30 PM
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Read the post above yours Rev. So that guys has no clue what he is talking about either?
Trying to be nice, but it is like you don't even read the thread before you post.
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  #17  
Old 03-07-2009, 10:58 PM
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Quote:
Originally Posted by Biscuit Lips View Post
Read the post above yours Rev. So that guys has no clue what he is talking about either?
Trying to be nice, but it is like you don't even read the thread before you post.
Sigh.

To quote me earlier in the thread:

Quote:
They are self employed when working for the driver, and are simply provided via a labor pool by the moving company. They are occasionally employed by the moving company themselves, but rarely (if ever) see 40 hours a week doing so. If they do, they would be paid overtime.
Why are you having such a difficult time comprehending something so very simple?
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  #18  
Old 03-07-2009, 11:17 PM
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:lol2::whistle::lol2:


Anyone else have some pertinent information to add? Where's CdSwan when you need him, he seemed to be fairly well-informed in the matters of exempt employees. Thanks to everyone that replied, excluding Rev., especially the one that sent me that great email.
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  #19  
Old 03-08-2009, 04:32 AM
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If they complain to you, I'm guessing you're the dispatcher on the local side?

I'd say they ARE entitled to O/T if they are on the company clock. However, when you get into mileage pay for riding in the truck and shinanigans makes me believe its a Suddath agent? If not, what agent? I'm a UVL driver. Of the 3 agents at United I worked for, they all got OT after 40.

As a driver, Rev is right that they are subcontractors and should be paying tax as self employed income 99% don't because they are running from child support, need drug money at the end of the day, and haven't paid taxes because they're 40 and have been lumping since they were 18 as a "summer job" that never ended.

I, myself never paid overtime, it comes with th industry. When I'd get asked to pay it, I pull out $2 and tell them the bus stop is on the corner. I'm usually working a weekend to get ahead, and these people want OT, despite not having worked a week and have been calling me for a month from the other side of the country wanting to know whn I was coming in lol.

New World Van Lines pays their OTR helpers a mileage rate and daily per diem, but since it's not local, thats apples to oranges.

Now, I worked at an Atlas agent who paid a 1099 as a lumper. I'd get a check every Friday for my hours x wage with no taxes taken out. OT never happened. Since they are on a W2, I'd assume OT would be acceptable.
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  #20  
Old 03-08-2009, 05:51 AM
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Quote:
Originally Posted by BanditsCousin View Post
As a driver, Rev is right that they are subcontractors and should be paying tax as self employed income 99% don't because they are running from child support, need drug money at the end of the day, and haven't paid taxes because they're 40 and have been lumping since they were 18 as a "summer job" that never ended.

You are clearly wrong. Just ask the OP.
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