Congress eyes employee misclassification

Tax revenue, semi-correct, but short-sighted. Some company abuse (short-sighted), a lot of union of angling (far-sighted) on this one. Could make it impossible to sign-on without a million hoops to jump through. Problem is, some companies still won't hire as employees, but can't hire contractors. Our gubmint at work.

 

It's a good start to rid the industry of 1099 crooks who cheat the workers and LP scams but there is a bigger issue. OVERTIME PAY for company drivers! The Fair Labor Act of 1938 and it's hundreds of Amendments over the years established the 40 hr work week and OT. Several jobs listed didn't have to be paid time and half after 40 hours. The only two non white collar professions left out of OT was book rate mechanics and truck drivers. Why was a profession like Mechanic and Truck Driver included in a "White-collar exemption" with Lawyers, DRs, Teachers, and other SALARIED professionals?

I know during the Regulation Days of the late 1930s until 1981 the wages were so much better than now but today we are below the average hourly wage of America which stands at $20.90 per hour worked, number came from US Dept of Labor website. If your making on the high side of wages for a company driver say $53,000 a year your making well below average if you use the average hourly wage. Your making $14.56 per hour and if you apply time and a half rules it comes out to $11.99 per hour at 70 hours a week. Why must we still have the Government making rules against our profession. Relics from regulation stayed as long as it benifited the companies and manipulated a fair market to favor companies over employees. Be it the perdiem, no OT, 1099s, limiting working hours, and the list goes on and on. We are not repersented by our Government. I know something must be done but don't trust this congress to do it about fixing 1099s, they will MAKE it worse.


http://en.wikipedia.org/wiki/Fair_Labor_Standards_Act

 

I agree with dannyb1212000. If they choose to force us into an hourly wage vs a production wage (you get paid for what you do) you will see our pay actually drop. We are qualified as unskilled labor. Yeah, I know...not everyone can do what we do...but not everyone can pick lettuce or gut fish either and that's the level our guv'mint rates us. So go ahead....get that OT over 40 hrs pay. And watch our hourly rate go to $8.00/hr. I actually prefer a production wage vs. hourly. It makes more sense overall.

Just look at all those hourly guys in the mills, auto plants, etc...."It's break time, so I have to drop what I'm doing right in the middle and screw any damage that might be done...it's my break time." "That's not my job....that's George's job. Too bad he's not here to do it...he'll have to do it when he is here. I don't care if it shuts the whole place down." "Well, my shift is up. No, I didn't get everything done and my replacement called in sick. Too bad." "I don't fix right side headlights. Only left side head lights. You'll have to call the right side guy."

Or worse...(worker) "I need more money." (company) "Too bad. We don't have any overtime in our budget." (worker) "But I'm willing to work for it!" (company) "I'm sorry...we can't afford any overtime." (worker) "I'll have to do some side jobs." (union) "Oh, no you don't...or you won't have a primary job."

Right now, after I deliver a load, I can take a day or two and explore the Florida beaches if I want to. I'm an independent contractor L/O. If I am forced into an hourly company position because some politician thinks I'm being treated unfairly, I will no longer have that freedom. I will have to run hours and days the company says I have to run.

Gee, thanks, Teamsters....leave me alone and mind your own business! I will negotiate my own work contract and if I'm not happy with it, I will renegotiate it. I don't need some bigwig SUIT doing my talking for me! BUTT OUT!!!

 

well thanks for agreeing with me I think. I want to make it clear I am in favor of getting 1099s out of the industry for people who don't own the truck. As an Owner Operator, a true contractor, Over time wouldn't effect you and the freedoms you enjoy now you would keep because you own that truck and decides where it goes and for how much. Your not an employee you own your own biz and the perks that go with it from tax write offs to that freedom. Company drivers may drive like you but they don't earn like your or have that freedom or tax write-offs.


As for a company driver like I am right now, I say bring the Overtime on and your arguments don't make sense. Many states and the federal government during the Bush administration made changes to the "White-collar exemption" allowing for Overtime after 52 hours of work but truck drivers and mechanics were still excluded!!! Remember all the drama back in 2005 when Bush took overtime pay away from hourly managers, mostly in retail, a compromise was worked out to set a 52 hour work week for white collar professionals and then states could allow overtime pay afterwards. nealy all the country now has a state law requiring professionals working a job, not biz owners, to be paid OT after 52 hours.

 

Since you're a L/O, none of this would apply to you anyway.

Nor would it apply to O/O's, contractors, (business owners), or any management/salary types.

This is about "employees", your "business" is your business.