Will Wage and Hour Rumbles... Affect You?

Discussion in 'Experienced Truckers' Advice' started by Victor_V, Nov 3, 2014.

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  1. DrtyDiesel

    DrtyDiesel Road Train Member

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    So yeah, that was a serious question.


    I don't know, I guess I just really don't care about a lawsuit in California that I believe is nonsense to begin with. I believe the state should step off, I know it won't happen, but I can dream.
     
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  3. Victor_V

    Victor_V Road Train Member

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    Glad to see you, Ridgeline!

    Yes, indeed. Attys are making big $$ developing presentations for employers to figure their way through it. Example: http://info.employersgroup.com/Port...eg powerpoint - do i have to pay for that.pdf

    That's a 35-page powerpoint titled, 'Do I have to pay for that? Compensable time in California'.

    Schneider case and Con-way (Quezada) make it imperative. Cost Schneider $21 mil to settle.
     
  4. G/MAN

    G/MAN Road Train Member

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    You may want to reread the McDonald's article, Victor. They are also experimenting with robots that can make burgers, etc., faster than humans and for less cost. With higher wages come automation. There is a tipping point where it is cheaper to automate than pay the excessive labor costs. I have no idea that you and a handful of people would love to see these wages double or more. You can expect to see more automation and much fewer people getting a paycheck. You may not like it as well when thousands lose their jobs due to forcing employers to automate in order to reduce costs.

    As far as your assumption about 130 million people being paid to take a break, I don't know where you came up with that figure, but I have worked for companies early in my working life and have NEVER been paid to take a break. I don't think you will be satisfied until these employers give all their profit to their employees.
     
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  5. Victor_V

    Victor_V Road Train Member

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    Howl away, G/MAN. Howl away...
     
  6. DrtyDiesel

    DrtyDiesel Road Train Member

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    It seems like this is what he wants.


    I may have never owned a business but I know for a fact a business exists to make money.


    That's like i see guys complaining how much they make per mile but they say things like "The company is getting $3/mile for this load and I'm only getting $0.50/mile, it's not fair". Oh I'm sorry, I missed the part where you're entitled to make close to what a company makes on a load while they pay for fuel, truck payment, insurance, and a plethora of other expenses.
     
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  7. DrtyDiesel

    DrtyDiesel Road Train Member

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    Apparently G/man, you're a wolf now....


    I wonder what wolves do to sheep....
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Yeah I understand all of that but the problem is if a case is settled on one definition of piece work and another one redefines it, then what happens?

    I'm seeing one thing that is wrong, that is the Conway case ignores the definition of piece work set down by the Gonzalez case - that is the total function for a job includes other functions to prepare and close out that job.

    If the judge makes the decision that everything is not encompassed into the job that is the Piece Work to complete the job, then isn't Gonzalez can be heard by a higher court based on the purpose of Gonzalez in the first place - correcting Downtown LA Motor's habit of paying their employees on the back end which has to have the primary function of the piece work of those mechanic taken in account?

    And if Conway decided to pursue this to a higher court, couldn't they refer back to Gonzalez to show what the courts already accepted as piece work?

    You understand what I'm saying?
     
  9. Ridgeline

    Ridgeline Road Train Member

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    This is my point of backlash on the employees, the company has to find other ways to make a product that can be bought in a competitive market. Be it shipping or burgers.
     
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  10. Victor_V

    Victor_V Road Train Member

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    Absolutely! And, how refreshing. (Responding to #217)

    Haven't looked Gonzalez up but believe I understand what you're saying. That a given job may entail setup, the job itself, and some clean-up, all 'part of the job'. Paid piece-work all the same.

    Yes, companies now cannot willy-nilly say, that function's part of your piece work. Con-way had a stated policy that pre-trip, post-trip and first hour wait time was included in mileage pay.

    Con-way was wrong. Big settlement to follow.
     
  11. rearview

    rearview Medium Load Member

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    I am reading that a person who had a LEO prison job worked in a union that did not negotiate paid breaks.

    I worked for Viking, (later absorbed by FEDX) and we were paid 15 minute pretrip. Chain time, drop time/switch and post trip. Bridgestone, Walgreens, Toyota, Benjamin Moore Paint all paid for pretrip, post trip and whatever time was spent performing work related duties. They all paid hub miles.

    The union jobs paid all that plus if you did not show a break on the logs you would find the shop steward giving you hell for not taking your pay hours. 30 minutes break multiplied by 5 days is 2 1/2 hour pay. That was $60 plus dollars a week or road food and gas to get to work.

    Maybe the whole disagreement is about what a driver personally feels is an adequate wage.


    Some guys feel it is better not to be paid to fuel or interact with customers or even pay for pretrip and postrip. They are 100% correct. Their value for services rendered are what they receive. They work for what they feel is fair market value for their labor. If they average $1000 for 60 hours work they are working for that pay.

    Others feel that time away from home is for work and the value of their time should include more compensation for work related activities. This group feels their metered/hourly time holds value. They earn $1000 for 60 hours work.

    The problem is the drivers who are run short miles on per mile pay only. Those drivers are in the position of putting in long days for low wages. That is a safety issue that got the bleeding hearts to get us regulated into idiocy.
     
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