Will Wage and Hour Rumbles... Affect You?

So... Are we talking about truck drivers getting paid or lumpers?

 

This isn't about this particular case, but does involve California and raising minimum wage to unrealistic levels. I thought you might find it interesting reading, Victor. It demonstrates what will happen when the government and unions try to force unreasonable labor costs on industry.

[h=1]How McDonald’s is About to Destroy the Minimum Wage[/h] Posted on November 6, 2014 by V2A


The end of the era of Minimum Wage may soon be at hand. McDonald’s has begun experimenting with automated cashiers as a way to eliminate some of the staff that would be necessary to run their restaurants.
If the news (being reported from several sources) is accurate, this could essentially end the debate over the minimum wage, as most minimum wage owners work in the fast food industry. A user on Reddit is reporting that McDonald’s has begun testing the automated cashiers at their store in Romeoville, Illinois.
“I believe this store is in Romeoville, IL. It’s next door to their Innovation Center. This McDonald’s is actually pretty unique. First of all it’s owned by McDonald’s, it’s not a franchise. Second, this is the store where McDonald’s tests all the new technology. New griddle? It gets tested here first. New ordering monitors, new deep fryer, all tested here first. If it doesn’t work here, they don’t offer it to their franchisees. They test everything in this store for YEARS before it gets mass produced so they’re sure it works well and is cost-effective.


Read more at http://visiontoamerica.com/19452/ho...destroy-the-minimum-wage/#yTmT8LbCYmKHm6jk.99

 

LOL, what are you even talking about?

If you're talking about getting out and unloading/loading a trailer but doing it for free the 1st 2 hours, then I would not agree with not being paid for that work.

If you're talking about being backed against a door for two hours while you sit and do nothing or go to the sleeper and take a nap, then no, you shouldn't get paid.

I don't think anyone is a "Melvin"... whatever that means. Me being paid percentage has nothing to do with what you seem to be blabbering about. I was also OTR before, so it's not like I don't know what goes on out there. I ain't saying anyone is a "melvin", I had these SAME EXACT beliefs when I was OTR.

 

I guess I need it broken down into simpler terms.

I take it Piece rate would be getting paid for unloading/loading

non piece rate would be everything else you're on duty for but not driving?

 

You know I think this is a reversal of the Gonzalez v downtown la motors decision.

Because in that case, the company was alright when it had a mechanic paid for the piece work (fixing a car), which included the paper work, prep of the vehicle to work on it and any other job related functions (regulated or non-regulated).

However the problem was when there was non-peice work being done while waiting for a primary job (fixing a car) the mechanics did other things (standing around playing with brooms) and the compensation for that work was rolled into the back end of the pay cycle to equalize the pay above minimal wage which was wrong and the court said it was.

I can't see how the court could come to a reasonable conclusion that pre/post trip inspections, paper work and so on which is a direct responsibility of the driver and direct part of the job for any driver in any capacity dictated by regulations/laws and company policy (which I know isn't important). It seems the judge(s) are not seeing what driving entails. Unlike the Schneider case you cited (which is wrong to include a customer of Schneider), this isn't just about indirect job functions like loading and unloading trailers but the entire function of a driver is now split up to the point that we will have a mess.