That's a recruiter's website and a poorly SEO'd article clearly written for link bait purposes. I wouldn't trust anything on that site.
Jobs in ND Oil Patch
Discussion in 'Oilfield Trucking Forum' started by 8x8, Aug 21, 2009.
Page 183 of 186
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
Craigslist is my favorite
-
Lol ok. I'm sure Craigslist is a much better source right?
-
I didn't say or infer that.... but I sure as hell wouldn't trust a poorly-made recruiter's site with articles made for link-bait purposes like the one you posted.
-
I've gotten all my oilfield driving jobs from Craigslist and doing just fine
-
Crazy J....
You hit the nail on the head with this post. Many companies in the oil fields are grossly abusing the labor law statues. Many are falsely classifying their employees as "day rate employees", or contract employees. Neither of which exempts the employer from Federal Law covering employees. In the trucking industry, as you stated..." if they OWN THE EQUIPMENT, PAY FOR THE FUEL AND REPAIRS, and FORBID THEIR DRIVERS FROM USING THEIR EQUIPMENT TO HAUL LOADS FOR THE COMPETITION, then they have EMPLOYEES, NOT INDEPENDENT CONTRACTORS". Many companies are paying their drivers a percentage of the truck gross, figuring that this avoids any overtime or other tax liability, which can be totally wrong. As you stated, their is a Federal DOT exemption from overtime for drivers and drivers helpers responsible for the safety of the vehicle engaged in Interstate Commerce.. i.e. goods moving from one State to another. However, for companies operating totally within the State of North Dakota with no further conveyance of the product to another State, their absolutely is a overtime issue regardless of what compensation formula is used. Many smaller companies and owner operators seek to hire drivers with compensation based on a percentage of the load, typically 23%. That in itself sounds good, but when compared to the real "legal" companies who do pay overtime and abide by the rules, it distorts the total picture. The bad news for the employers and good news for the employees is that the employee has two years to file for overtime with the labor department. No attorney is needed as you just have to file a complaint with the labor department. Of course anyone filing a complaint while currently employed will not be in great favor with their employer, so a complaint would be a "retirement bonus". Punitive actions by the employer probably would be subject to further penalty, but we all know how falling out of grace with a employer / dispatcher can affect the bottom line.
The following is a article I copied from the Net as an example:
age and Hour Division (WHD)Opinion Letters - Fair Labor Standards Act
FLSA2008-12NA
September 22, 2008
Dear Name*:
This is in response to your request for an opinion regarding whether your clients compensation plan is in compliance with the Fair Labor Standards Act (FLSA).[SUP]*[/SUP] It is our opinion that your clients method of calculating the regular rate and overtime compensation complies with the FLSA.
Your client, a private company, employs dump truck drivers who are paid solely on a commission basis for intrastate delivery of materials. We assume, for purposes of this response, that the truck drivers are not exempt from the overtime pay provisions under 29 U.S.C. § 213(b)(1). We also assume that your client is not a retail or service establishment and that the exemption to overtime pay under 29 U.S.C. § 207(i) is not applicable to the truck drivers. The truck drivers are paid a commission of 27 percent of the gross revenue received by the employer for the materials delivered by the driver each week. At the end of each workweek, your client divides the commission amount by the total number of hours worked to determine the truck drivers regular rate of pay. The amount of overtime compensation paid to the truck driver is one-half the regular rate multiplied by the number of hours worked over 40 in the workweek. This is the proper method of calculating the overtime compensation due. See 29 U.S.C. § 207(a); 29 C.F.R. § 778.118.
This opinion is based exclusively on the facts and circumstances described in your request and is given based on your representation, express or implied, that you have provided a full and fair description of all the facts and circumstances that would be pertinent to our consideration of the question presented. Existence of any other factual or historical background not contained in your letter might require a conclusion different from the one expressed herein. You have represented that this opinion is not sought by a party to pending litigation concerning the issues addressed herein. You have also represented that this opinion is not sought in connection with an investigation or litigation between a client or firm and the Wage and Hour Division or the Department of Labor.
We trust that this letter is responsive to your inquiry.
Sincerely,
Monty Navarro
Office of Enforcement Policy
Fair Labor Standards TeamRodeorowdy Thanks this. -
Thinking of heading to N.D. Anyone heard of Pro frac heating?
-
Are they a hot oiler company?
-
Not sure what all they haul found job online but can't find out anything about them
-
http://www.quicktransportsolutions....ng-truckingllc-usdot-1528590.php#.U0BccVcae2o
Pro-Frac Heating & Trucking Llc is an active United States & Territories commodities dry bulk, general freight, grain, feed, hay, logos, poles, beams, lumber, metal: sheets, coils, rolls, and oilfield equipment carrier operating under United States Department of Transportation (USDOT) Number 1528590.
Pro-Frac Heating & Trucking Llc is licensed to carry non-hazmat rated materials from the commodities dry bulk, general freight, grain, feed, hay, logos, poles, beams, lumber, metal: sheets, coils, rolls, and oilfield equipment cargo categories. At the time of its last MCS-150 filing, Pro-Frac Heating & Trucking Llc covered 1,000,000miles miles, which is above average mileage for transportation services (10,532miles).
[h=2]About Pro-Frac Heating & Trucking[/h] Located in Williston, North Dakota in the heart of the oil boom. Locally owned company that supports local frac operations.
We are a frac water heating company and a fresh water hauling company that supports local frac operations.
We also have winch trucks and rental equipment including well head heaters, frac tanks, insulated frac tanks, light plants, and open top flow back tanks. Jran11 Thanks this.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 183 of 186