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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.Originally Posted by Biscuit Lips
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.
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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 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?
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.