Hourly Jobs And Overtime

I sure hope they can make the OT provisions stick.
I don't know how much it'll effect the states' local runners since they might already be getting an hourly wage plus OT.

I'd sure love to see this come to OTR running as well.
That would put a bunch of companys on their ears.
Can you imagine being paid OT for everything over 40?
Woo hoo!

 

It's already in the books Burky, I think under appeal. I might not have it exact but, a trucker that is paid an hourly wage is entitled to overtime after 40 hours, even if he crosses state lines. If they are paid cpm I'm not really sure how it plays out. Too bad other states could not jump on the band wagon.

 

As I understand it, the HOS is the dividing line between being exempt & not...at least for drivers.

If you are subject to the HOS, the Secretary of Labor pretty much disavows any knowledge of your actions.
That is with the exception of obtaining minimum wage.

If you drive commercially & get an hourly rate, that's an arrangement between the driver & that company.
It's not mandated by Congress.

If you get an hourly rate, there's no guarantee of OT after 40 by Congress.
It doesn't matter whether or not you cross state lines.
It's still just an arrangement between the driver & that company.

 

Bob I am talking specifically about Wa state. It's already state law.

 

They are by law: exempt from overtime, but that does not mean an individual company can not pay overtime because they compete with other companies.
You might also be surprised to know that waitresses in truck stops are also exempt.

 

In Michigan, which has historically had the strongest Union influence, they are ALL exempt if they work for a trucking company. HOWEVER, that does not mean that they are NOT paid overtime, either because of Union Contract or competition with another company.

 

Ya, why do you think I moved out of California 27 years ago.

 

Unfortunately Mechanics are on the same list as truckers and aren't entitled to over time although some companies pay it and some unions force it.
This is just one more point for my argument to scrap the current ways that drivers and others that are not covered under the wage an hour laws.
Pay all drivers and other exempt people by the hour and that will resolve a lot of the drivers that are forced to run illegal to make a living wage and support their families, which is all of them.

 

I've often said that Congress needs to be petitioned to change the HOS into something that will lend itself to the same protections as most eveyone else has in the FLSA.

I agree that an hourly pay of meaningful measure would certainly curb many drivers' need or "want to" when it comes to shorting their logs to save driving time.

There wouldn't be any way to cheat in any great measure because in order to claim hourly at a dock, you'd have to actually show that you were there & for how long.

I'd like nothing more than to be fully paid for all my time sitting as if I were still going down the road.

I think what it would take is for enough people to come together on it & petition Congress for a change in the rules.

Naturaly, we'd have to come up with a plan to impliment it fairly & a fair hourly rate to start with.

You just know every trucking outfit in the country would be against it & fight tooth & nail to not see this happen.

 

I think he means the best women are us California girls.