Hourly Jobs And Overtime

Discussion in 'Trucking Industry Regulations' started by popeyepalmer, Sep 18, 2007.

  1. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,957
    Apr 4, 2007
    0
    I do not believe that office workers, mechanics, etc can be held as exempt. Their job descriptions are covered under the Federal Wage & Hour laws as well as the state laws.

    Truckers have been excluded though.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

    27,572
    40,724
    Jul 23, 2007
    Midwest
    0
    That is true for several states now. NE just passed that law a little over two years ago. The blue collar jobs are no longer justified OT, in certain categories. It effects a lot of industries, but the state left it completely up to the employer. We have some companies here that are trying it out, and the turnover is incredible. Talk about a stab to the laborer.

    I don't think its right. But then again, what other country would try to work their employees 70 hours a week???
     
  4. TruckingBum

    TruckingBum Light Load Member

    274
    6
    Aug 26, 2007
    ga
    0
    70 hours a week is on the low side for EXPERIENCED PRODUCTIVE american trucker.
    Thats in reportable legal wink wink time.
    Yes its true we american drivers are the best, we are the most productive whether thats good or bad is up to you.
    Im always curious about how the european drivers manage to drive and work less and still make a good living from what i hear, mayb im wrong any one have some comparison's
     
  5. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,957
    Apr 4, 2007
    0
    Back when I was in accounting and dealt heavy with wage and hour problems. It was the interstate activity that would bring the federal law into play. When that happened it would supercede all state laws, that were not in agreement with it.

    Business that operated solely within their state and under 250,000 gross income were exempt from Federal Wage and Hour. When they started going over state lines, they began earning income that would automatically bring them under Federal Wage and Hour rules.

    I understand truckers are exempt, but the blue and white collar jobs were not. If this has changed, it can't be for the good.

    I'll have to check on this.
     
  6. BobC

    BobC Medium Load Member

    409
    51
    Jul 8, 2007
    Cincinnati, slOhio
    0
    I take issue with that definition. Office people are not necessarily exempt even if they work for a trucking outfit.

    The "line" for trucking seems to be drawn at anyone subject to the HOS rules, having to actually drive the truck & anyone having anything to do with the safe operation of the truck.

    The accounts receivable people are not exempt nor is anyone else in the various depts until you get to load managers, dispatchers, mechanics, safety dept, tank wash personnel etc.

    And then, certain people in the mentioned depts not actually having a responsibility for the safe operation of the truck would not be exempt.

    The goobermint has a list of occupations & exceptions both exempt & non-exempt.
    You'd be surprised at the number & breadth of occupations that are considered exempt.
     
  7. burnedoutnewbie

    burnedoutnewbie Bobtail Member

    16
    18
    Aug 1, 2007
    San Diego, CA
    0
    Wow, man. What is the country coming to? Soon, workers will be chained to the assembly line, with the managers whipping anybody who complains.

    Out here in California, you get 1 1/2 hourly pay after 8 hours, and after 40 hours in a week. After 12 hours, you get double pay. That is the law.

    But on the flip side, if you live in CA, there is a law for everything, the cost of living is high, and many people don't care about anything but themselves. It has it's ups and downs.
     
  8. perry_411

    perry_411 Light Load Member

    78
    6
    Mar 30, 2007
    0
    Upside is-Women.
    hey guys don't forget every 12hrs you're away from home you get an 20 dollar tax write-off
     
  9. BobC

    BobC Medium Load Member

    409
    51
    Jul 8, 2007
    Cincinnati, slOhio
    0
    Huh? I must have missed something.
     
  10. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,957
    Apr 4, 2007
    0
    I wondered that too. His tax write off was wrong too. I assume he means the per diem amount 52.00 per day.
     
  11. Burky

    Burky Road Train Member

    There is a case working it's way through the court system in Wash state (I think) that affects drivers who haul strictly within the state. if you don't leave the state, then the state is making the argument that the interstate rules don;t apply and in that case the state overtime provisions of the FLSA apply. Of course, like most legal cases, there is a lengthy appeals process, and then other jurisdictions would have to enact similar laws and then apply their own standards after their court cases. But change may be on the way at some point in the future. But this will not have any affect on interstate truckers, since federal law will still take precedence there.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted