[Uturn2001]

I just thought of one other possibility that would add a lot of gray to this.

If the loaders are employed by lets say John Smith, agent for Box Movers Moving Company and not by the actual moving company/motor carrier then a very strong argument could be made that the loaders are not employed by the motor carrier and therefore are not exempt from the wage and overtime laws. This would assume that John Smith is simply an independent agent and is not also a motor carrier or actually employed by the motor carrier his agency represents.

The same would apply to someone who had a business that provided loaders to the moving industry. Since that biz is not a motor carrier their employees would not be exempt from the wage laws.

When you get down to the bottom line there are only two questions that need to be answered to determine if the loaders are exempt.

Are they employees or contract labor?

If they are employees are they employees of a motor carrier?

If the loaders are employees of a motor carrier or contract labor they qualify as exempt. If not then they are covered under overtime laws.

[Sandra Quimby]

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? They do not actually load the trailer, the van operator *AKA the driver* does, which is why I was asking is their job really a safety sensitive situation. Sometimes no loading at all is involved, just four or five employees going out to someone's residence and pack up all of a customer's belongings and then go home at the end of the day. Even then they are saying they should receive mileage pay for drive time instead of their normal hourly wage,on trips over 100 miles, which sometimes eliminates their overtime.


I found this from Layover.com and is worth a read. Interesting!




New Overtime Rules
You might have missed it, but Congress passed a law, which may change the way you do business. There are significant potential consequences from the amendment to the so-called Motor Carrier Exemption to the Fair Labor Standards Act. Historically, before the passage of this law, employees of public or private motor carriers who are drivers, drivers' helpers, loaders, or mechanics, whose work could arguably affect the safety of operation of motor vehicles in interstate commerce, are not entitled to overtime due to something called the 13(b)(1) or Motor Carrier exemption.
Back in June, Congress changed the law and severely limited the application of that exemption. Now, it appears that what is critical is to determine whether those employees are or are not entitled to overtime is the type of vehicle they are either driving, loading, or working on. Before this Act, an employer could argue that as long as the employer was a motor

[stephpull]

I like the way you think. You have sound logic and idea. I would just like to help you answer your questions. I recently found this site https://www.thepaystubs.com/blog/w2-...ut-a-1099-form, because I also had quite a lot of financial and entrepreneurial inquiries. It is much easier for me to create a plan after reading a few more articles like that. But if you think that this information did not help you, you can look for other articles here, because they are all useful. I hope I helped you.

[urban_buy]

Why do you care so much?

[VinniePo]

It all depends on whether or not you can work overtime for the company. It is also essential to know the state's laws where you live. Because they may differ from each other. If a person overworks, it can affect their health, and if they're driving, someone's belongings or, even worse, their life can be affected. When I was moving, I had help with the move this site. They are strict about hours, so the employees can't work overtime. Their health and customer feedback come first.