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-   -   Question about overtime for drivers helpers in the moving industry (https://www.classadrivers.com/forum/anything-everything/37306-question-about-overtime-drivers-helpers-moving-industry.html)

Biscuit Lips 03-08-2009 12:51 PM

Quote:

Originally Posted by Rev.Vassago (Post 441562)
You are clearly wrong. Just ask the OP.


Did you even read the rest of what he typed? Did you comprehend it? These are not OTR jobs. Thanks for your opinion Rev., but no thanks. Seriously!:moon:

Biscuit Lips 03-08-2009 01:08 PM

Quote:

Originally Posted by BanditsCousin (Post 441555)

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.


That's the part I don't understand. Yes it is a U.V.L. agent, and from everyone that posted, excluding Rev., I am inclined to believe since they are on the clock and usually paid by the hour that the mileage bit is just a way for them to avoid paying overtime for the non-driving employees. Also they never cross state lines so they are intrastate jobs.
I still question the legality of it, but they will have to deal with it themselves. Probably could get a labor attorney involved, if they were so inclined.

Rev.Vassago 03-08-2009 03:55 PM

Quote:

Originally Posted by Biscuit Lips (Post 441578)
Did you even read the rest of what he typed? Did you comprehend it?

Sure did! Even though it's painfully obvious you didn't.

Quote:

These are not OTR jobs.
Well, there's a piece of completely irrelevant information right there!

Quote:

Originally Posted by Biscuit Lips (Post 441581)
That's the part I don't understand. Yes it is a U.V.L. agent, and from everyone that posted, excluding Rev., I am inclined to believe since they are on the clock and usually paid by the hour that the mileage bit is just a way for them to avoid paying overtime for the non-driving employees. Also they never cross state lines so they are intrastate jobs.

Nope - you really DON'T understand it. One bit. I could explain it to you again (because all the answers you seek are already in this thread), but you made it abundantly clear that it wasn't the answer you wanted.:thumbsup:

Quote:

I still question the legality of it, but they will have to deal with it themselves. Probably could get a labor attorney involved, if they were so inclined.
You should do that!:rofl:

Biscuit Lips 03-08-2009 04:47 PM

Quote:

Originally Posted by Rev.Vassago (Post 441604)



You should do that!:rofl:


Why should I do that? I work in an office and get paid a salary.

Orangetxguy 03-08-2009 04:47 PM

Back in 1982, 2 co-workers and I helped a United Van Lines bedbugger load his trailer. He was moving a Dow executive out of Evanston WY, to CA. He paid each of us $175 for helping, plus 2 cases of Michelob and a rib steak dinner. The beer was consumed during dinner, at "The Outpost". The guy swore he was never gonna let oilfield hands help load another trailer of his. :thumbsup::thumbsup::thumbsup:

Really don't know why he complained about the beer....:cheers::cheers: what are kids supposed to drink, when they work up a sweat and wait until the job is done?? Miller?? :puke::booze::puke:

Rev.Vassago 03-08-2009 04:58 PM

Quote:

Originally Posted by Orangetxguy (Post 441614)
Back in 1982, 2 co-workers and I helped a United Van Lines bedbugger load his trailer. He was moving a Dow executive out of Evanston WY, to CA. He paid each of us $175 for helping, plus 2 cases of Michelob and a rib steak dinner.

Back in the good old days when there was money to be made in HHG.

Orangetxguy 03-08-2009 07:39 PM

Quote:

Originally Posted by Rev.Vassago (Post 441617)
Back in the good old days when there was money to be made in HHG.

Yeah...He said that everything he paid us would be billed off to Dow Chemical. Back then Dow moved people at the drop of a hat and paid well to get it done quickly. We load more than a few moving vans like that back then. Kept us in beer money and didn't hurt our work performance. :lol2::lol2::lol2:

Rev.Vassago 03-08-2009 08:18 PM

The HHG carriers have been nickel and diming their contractors for quite a few years now. Since the only thing they were able to compete on was the amount of discount they provided, they eventually reached a point where they needed to tap into another source of revenue. Sadly, that revenue came from the contractors themselves.

BanditsCousin 03-09-2009 05:58 AM

I still would like to know what UVL agent this is..... Being a United driver, I'm curious. Maybe because I named an agent that does weird payscales I hit the nail on the head.

HHG used to be bank. My Dad made the same in 1980 and 2000. Go figure. He left UVL and went to Allied who still pays a % FSC, long carries, etc, something UVL/Mayflower squashed.

Anyways, to solve the problem the OP has, would be to put everyone on the clock and go from there. Mileage computations and such only complicate things. If the helper travels 30 miles to a job, but does it in traffic and it takes over an hour, that helper made much less than $5 an hour. When I was a HHG superstar, I wish I could pull those shinanigans. When these W2 helpers on the clock go and work for a driver, a driver CANNOT pull the same crap. It's port-to-port on the pay at (usually) a minimum of $12 an hour.

Uturn2001 03-09-2009 06:58 AM

I don't know what is so hard to understand in all of this.

The loaders/helpers would fall under two possible categories.

They are either "contractors" as in independent temp help the mover is using to get the job done and are paid under a 1099, in which case they would not have to be paid overtime, assuming the hours spent on the job even met over time requirements, because more often than not they are probably paid by the job.

Or they are actual employees of the motor carrier whose job as a driver's helper/loader would make them exempt from the overtime provisions as set forth by the federal department of labor because loading a truck is considered a safety sensitive function.

In either case the loaders are not REQUIRED to be paid overtime. That does not mean that their employer can not pay them overtime wages if the employer chooses to do so.

This is all based on FEDERAL labor laws. State labor laws could possibly paint a different situation.

As far as being paid a rate per mile, instead of an hourly wage, to and from the actual job site, this could be viewed as nothing more than a "bonus" of sorts. Many professions do not actually start to pay a worker until they are actually at the site where the work is going to be done. Construction workers is one such profession that comes to mind where this is often done.


================================================== =====
Quote:

I work in an office and get paid a salary.
I assume your salary is based on "X" amount of hours worked each week or month as most salary positions are. So what happens if you have to work more than that in the time frame your salary is based upon? Do you get overtime for it or do you get to take the time off the next week or do you just have to "eat it"? If you do get to take time off the next week is it straight time off or is it time and half off?

IMHO, salary positions are often just another way for employers to screw employees out of wages. I was stupid enough to work salary jobs twice, never again unless there are provisions for what happens when I work more hours than my salary is based on.


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