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cdswans 01-15-2009 10:59 PM

Once again and again, Lips, it's the law . .
 

Originally Posted by Biscuit Lips (Post 434290)
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.

Posted without bothering to read the law, I trust? It is just that kind of pervasive ignorance that helps to perpetuate the CPM scam. Drivers "assume" that these so called "reputable" companies could never participate in such a massive fraud. But that's exactly what they're doing and that's why you never hear them use the words minimum and wage in the same sentence. Make the Driver believe that all labor is encompassed within the CPM standard.

You go right ahead and keep on preaching ignorance. While you're sitting back and wagging your tongue about something you know nothing about, I'll continue my campaign to try and educate and elevate all Drivers.

Exemptions from Overtime Pay Only

U.S. Department of Labor - Employment Standards Administration (ESA) - Wage and Hour Division - U.S. Department of Labor-Handy Reference Guide to the Fair Labor Standards Act

Exemptions from Overtime Pay Only

2. Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans;

The overtime exemption

http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf

GMAN 01-15-2009 11:53 PM

I can just see it now. OTR drivers are paid overtime after 40 hours. Carriers will stop them from running past 40 hours wherever they are and they can sit until the start of the next pay period to avoid overtime. That should make some drivers happy. :roll:

cdswans 01-16-2009 02:43 AM

Dateline: Waterloo, IA -26f
 

Originally Posted by GMAN (Post 434321)
I can just see it now. OTR drivers are paid overtime after 40 hours. Carriers will stop them from running past 40 hours wherever they are and they can sit until the start of the next pay period to avoid overtime. That should make some drivers happy. :roll:

You can see it happening in Washington State, right now. It isn't like I'm making this up as I go. I'm pretty sure the carriers have determined it makes more sense to keep the trucks out and running frieght.

The onus is on the carrier . . smack where it belongs . . to run the truck more efficiently. Why would you have a problem with that?

jd112488 01-16-2009 04:04 AM

am i the only one that noticed that the newspaper article being quoted here is well over 1 year old. kinda seems like y'all are arguing over old news. here is my idea...for what is worth. for those of you that feel you and all truck drivers do not get paid what you are worth or are paid unfairly...go find another damn job in another industry!!! go work in a salaried position somewhere and get paid based ona 45 hour week and actually work about 60 or better. or go get one of these all mighty hourly paying jobs and get you 40 hours..if you are lucky, because at some place full time is considered 32 hours. oh, and by the way...the economy sucks and we cannot afford ANY overtime, period, end of discusion. hey ask mackman how the hourly pay with, uhm,uhm..overtime is going right now (no offense mackman). i am pretty damn happy with my job, very damn happy with my pay. why stay doing something that makes you so miserable?

Orangetxguy 01-16-2009 04:07 AM

JD...This thread is a "Revival" topic. It sat dormant for months, before someone drug it back out.

:rofl::rofl::rofl:

jd112488 01-16-2009 04:41 AM

ohh, my bad...but i still meant what i said in the second half of my post.

Syncrosonix 01-16-2009 05:09 AM

damn those thread necromancers!

Mackman 01-16-2009 05:41 AM


Originally Posted by jd112488 (Post 434359)
hey ask mackman how the hourly pay with, uhm,uhm..overtime is going right now (no offense mackman).

No Offense is taken Jed.

I'm laid off right now so it sucks. But back in the summer when dump truckin is booming i pulled in some good checks getting paid OT. But now I'm looking for a non-seasonal job. This f-ed up economy dont help thats for sure. You like your CPM or %. I like my hourly pay. Its all in what you like.:D

cdswans 01-16-2009 10:28 AM

We're having a heat wave . . Walcott, IA +4f
 
Here is my idea . . for what it's worth: How about we put an end to the fraud and lay all the cards on the table? Then let the Drivers decide whether we are being paid fairly and THEN we'll ask ourselves whether we should move on. How many times have you seen posts by Drivers who started with this company, couldn't get enough miles, went there, couldn't get enough miles . . on and on and on. It's very clear to me that a lot of drivers don't understand how they, by law, are entitled to be paid. The truth deserves a fair hearing.

I don't claim ownership to any of the information you see here. Others have alluded to what I'm saying and this stuff has probably been tossed around many times before I ever got behind the wheel of a truck. It looks like I've managed to crack a few shells between this, the "What would you do?" thread and others I have participated in, on CAD and elsewhere. Rome wasn't built in a day. You can read the law, check the sources . . or not . . and think whatever you want. There is nothing new in rejecting the truth. If it's new or unfamiliar or goes against something you've been taught or told a bazillion times, it's human nature to reject it.

What I'm not hearing is, look, nutso, you're wrong and you're wrong for the following reasons with sources to support your position. We have posters who purport to be employers themselves and yet cannot provide a single reference to prove they're right or that I'm wrong. Disagreeing with me doesn't prove anything other than a.) you haven't read the law or b.) you have read it but can't understand it.


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