It was already appealed to the federal level...all the way to the US Supreme Court.


Not that it really matters. I'm sure Food Express will file bankruptcy to avoid paying.

What a bunch of idiots. It is apparent none of those who made those decisions have had to work at a real job or meet a payroll. If I had a business in Washington I would relocate as soon as possible. A salesman is paid on performance. He receives a commission on what he sells. Some route salesmen receive a base salary or draw against commission. So I suppose they are going to force companies to pay their salesmen a commission of 1 1/2 times their regular rate for those sales made after 40 hours? That should be a paperwork nightmare, for both the salesmen and company. These people don't have a clue. While I can agree that hourly workers should and do receive overtime pay for time over 40 hours of work, I can't see the logic when someone is paid mileage, percentage or commission. This will wind up hurting the companies, drivers and contractors. It will force carriers to have an unfair and unrealistic paper trail to just be legal in that state. Performance pay is just that.....you work harder you make more money. You produce more you make more money. You sell more you make more money. I can see companies reducing the pay in order to be able to afford to pay for the extra compensation they are forced to pay these people. A short term gain for the workers will wind up hurting them in the long run. I think these legislators and judges should be forced to work at a real job before passing all these rules for everyone else to follow. Excess regulations is what cost California thousands of good jobs. Companies just move to more friendly states. I think in order to be a judge or legislator in Washington means that you can't have any common sense. :roll:

Not totally stupid. Being if a person is on strictly commission, they work the hours they feel like. If they can do their sales in 1 hour a week, so be it. They can take the rest of the week off. Now, if the company requires a 100% commissioned salesman to punch a clock and work X number of hours, then according to federal law, they are then guaranteed a minimum wage for each week whether they make a sale or not.
A route salesman making base pay plus commission , then falls into a similar category. Being if he is required to work X number of hours per week, and the gross pay falls below the minimum wage, the company has to make up the difference.
Mileage pay is more tricky. The companies are labeling it as “performance pay,” “earn what your worth” or “the more you work the more you make.” slogans. BUT, if the companies actions towards say shippers and receivers, is one of letting the shippers and receivers to let you sit and wait, while loading and unloading others, this could be construed as the company’s actions denying you the opportunity to work, ie: run miles, and earn more money.
Depends on how you look at it. Each case could be different.

Hey wtf!
 

when will most drivers finally figure out that just like all the support staff at your company..you are an employee as well!
they get OT and so should drivers!..setting the cpm pay rate is great, but what about all the sitting?
do you think that the office staff would stay hired if they just sat around for 12-24 hours? heck no they would be canned.
every time i have to sit and wait 3000 miles from home i think of regular job people..when they are off..they are off.. sure i can walk over to the "j" and watch tv, eat some type of mystery buffet, and play some vids..but it is not really MY time off. drivers put up with a lot of hardships and lack of ot pay is one of them.
what do you suppose will happen if the had to pay you ot? think it would still take road call 6 hours to ok an oil change?

drivers need to start demanding to be treated as real employees!!

There is no such thing as mileage pay for company drivers. They call it that to deceive you.

All company Drivers are paid by the hour. CPM is a fraud.

Could you please elaborate on that one? While I am paid by the hour, as a driver, many are not. Most drivers in the O.T.R. world are paid "piece-work" or C.P.M. for their exhaustive efforts. I disagree with you that all company drivers are paid by the hour. The minimum wage that was set by the F.L.S.A. does not apply to safety sensitive jobs in relation to motor carriers. While I am no labor attorney, I did stay at the Holiday Inn Express last night and you will not find an attorney who will tell you that as an interstate driver you are entitled to the set minimum wage either by state or federal standards. Please do not take legal advice from Swift drivers.

Once again, Lips, it's the LAW!
 

I posted the law in the other thread where you erroniously stated minimum wage doesn't apply to Drivers. The language is pretty clear but if you still need help, try asking a Werner or Hunt Driver.


http://www.classadrivers.com/forum/a...-say-do-2.html

While minimum wage laws do apply, it is the OT laws that do not for drivers.

It is written into the federal labor law that methods of payment other than hourly must at least equal min wage when divided by the hours worked. (Paraphrased)

The article and the OP seem to want to indicate that this court decision would have positive repercussions industry wide. It won't. It is a state matter and would only effect companies that are based in that state.

If minimum wage laws applied to truck drivers then there should be massive class action lawsuits against Swift, J.B. Hunt, Werner, and all the other craptastic carriers. Just because you believe you should be getting at least minimum wage does not make it law.
Call a labor attorney and ask them.