Will Wage and Hour Rumbles... Affect You?

Percentage has lots of benefits. Yeah, I'd like to pull a UPS set or a FedEx set on percentage. Sign me up!! Will California still want driving miles paid at minimum wage or above? Dunno. The Haz outfit I worked for paid percentage (love those money runs) plus $18/hr for all wait time loading and unloading after 2 (total) and all breakdown time at $18/hr until going again.

Most company drivers don't have a clue what the load they're pulling pays and the carriers don't want them to know. They want drivers counting miles, not figuring out what they're really worth!

And working for free when the wheels aren't turning.

This thread is about the changing tide as reflected in Quezada v Con-way Freight and Con-way has officially surrendered.

 

You know, when I started this thread I thought I'd kick back like on the last one and just observe what opinions were.

This thread's about the changing landscape of driver pay as reflected in Quezada v Con-way Freight.

Right away the 'don't take that job if you don't want that job' argument comes up. That's not the point. The landscape's changing. The tide's turning.

Even 100% OTR companies routinely pay drivers for miles (deadhead) when they aren't making any $$ off that truck. California says if you take a driver's time and require him to pre-trip, post-trip, load, unload, fuel, take mandated breaks, the carrier has to pay for that time at or above State minimum wage. No more workee for free.

This thread isn't a debate about unions (I think they got a room... ) or justification for the interstate driver exemption to the FLSA (Federal Labor Standards Act--minimum wage and overtime).

It's about change in the air.

 

Was talking last week to an outfit hauling propane from Indy to UPS terminals. $21/hr. You can figure they're paying hourly because they don't want to go percentage. Yeah!!

What happens on hourly, like USPS contractors, is that the runs are timed after a while and you're allotted so much time ($$) to get there. If you can't cut it, you can't cut it and have to move on. But the time allowed should allow for pre-trip, post-trip, loading, unloading, fueling and any other necessities of the job. All of it. No freebies.

Production won't drop. If the run's going to take more time due to weather, traffic or other delay, you call ahead and let them know, both your company and your destination. And you get paid for that.

No freebies off your kids' dinner plates to supplement your employer.

Not difficult to manage.

 

My USPS run ran from Bloomington, Indiana Annex to Cincy, Ohio DC (Distribution Center). Departed at 8:30 pm (after pre-trip and hopefully no issues). Had to be in Cincy at 11:30 and through the gate where they time-stamp you in.

As soon as you bump the dock at your door they're there working on your trailer. Allotted 30 mins to drop, run to other side of facility and hook. Could do in 15 if they were ready. They weren't always ready on outbound side and often they'd load a trailer with bad lights or other problems.

Okay, that takes time and they pay for my time in that case.

Bloomington's waiting same way for the return trailer and if you're 5 minutes late you get a '5500' and a hissy fit if you don't have a darn good explanation. Should have called and let them know, too.

No, production won't drop with hourly.

 

The issue in this thread is not whether drivers should be paid for performance, they should.

Hourly, percentage or mileage.

The shift is ending the long-tradition of exploitation of drivers by not paying them for required duties that take driver time and are not compensated under mileage or percentage.

That's the point of Quezada v Con-way.

That's California's point in distinguishing piece-rate pay (mileage) from non-piece-rate work.

And Con-way's set to pay big $$$ to settle.

 

There's a fundamental unfairness in taking non-piece-rate work for free when all runs are not the same. The donation to the company from the driver increases as the length of the run decreases.

It's fundamentally uneven and unfair, driver-to-driver, working for the same outfit. Differs from outfit to outfit, too.

And California would tell you it's fundamentally unfair to require unpaid non-piece-rate labor. It's a theft of your time. Has to be paid at State minimum wage or above.

Like it or no, that's the law in California.

As Con-way now understands.