Major Fail At Our Ground Terminal Already

[MrFedEx]

I'm sure your idea of loading is putting paper in your desk drawer. Like you could load a truck any better.

I'll bet she can also get the copier back up and running in under a minute. GO TEAM DIRT!!!

 

[Bounty]

I doubt that because if true, X would include hourly pay reports in annual compliance disclosures.

So, they will tell you how to do it because you think they are out to protect you. Hahaha

 

[bbsam]

So, they will tell you how to do it because you think they are out to protect you. Hahaha

No but they will set standards. You don't think k they want to lose THAT lawsuit with talk of "co-employee" now in the lexicon, do you?

 

[bacha29]

The primary focus of the annual compliance statement is that drivers are being treated as employees taxes are being witheld and submitted and are issued w-2's not 1099's. X steered away from the issue of salary vs wage. That issue is a can of worms they won't get involved in leaving it up to the contractor to litigate that matter should it arise.

 

[bbsam]

The primary focus of the annual compliance statement is that drivers are being treated as employees taxes are being witheld and submitted and are issued w-2's not 1099's. X steered away from the issue of salary vs wage. That issue is a can of worms they won't get involved in leaving it up to the contractor to litigate that matter should it arise.

If X believes that paying drivers salary is contrary to the law, they would insist on hourly pay and proof of it.

They aren't about to knowingly leave that open considering the considerable exposure they've had to legal challenges by employees of contractors. That would be a 50 foot barn door wide open to FedEx cash.

 

[bacha29]

Since the "joint employer" ruling that came down from the NLRB, the issue of how drivers are to be paid, salary or wage will get a closer look . In fact certification was recently granted to a class action suit based on ERISA and this one is nationwide.

 

[bbsam]

Since the "joint employer" ruling that came down from the NLRB, the issue of how drivers are to be paid, salary or wage will get a closer look . In fact certification was recently granted to a class action suit based on ERISA and this one is nationwide.

http://www.dol.gov/whd/overtime/fs17g_salary.htm

 

[bbsam]

Can somebody explain why given the above guidelines Ground contractors would be prohibited from paying salary?

 

[MAKAVELI]

Can somebody explain why given the above guidelines Ground contractors would be prohibited from paying salary?

Because drivers are not exempt.

 

[bbsam]

Because drivers are not exempt.

http://www.dol.gov/whd/regs/compliance/whdfs19.htm

Now?

 

[MAKAVELI]

http://www.dol.gov/whd/regs/compliance/whdfs19.htm

Now?

Drivers are not exempt employees but you may have a exemption to not pay overtime, as long as the vehicle they drive is over 10,000 lbs.

 

[bbsam]

Drivers are not exempt employees but you may have a exemption to not pay overtime, as long as the vehicle they drive is over 10,000 lbs.

But there is also the bit about as long as the salary covers or exceeds minimum wage from the first link isn't there?

 

[MAKAVELI]

But there is also the bit about as long as the salary covers or exceeds minimum wage from the first link isn't there?

Like I said, under that definition, your drivers are not exempt employees. You must pay them for every min on duty.

 

[bbsam]

Like I said, under that definition, your drivers are not exempt employees. You must pay them for every min on duty.

They are paid for every minute.

 

[MAKAVELI]

They are paid for every minute.

Sorry but being paid a salary regardless of hours on duty is not being paid for every min. If this were the case every job would be paying by salary.

 

[Crozz]

Bbaam you are wasting your time trying to explain the law with guys that seem to be certified lawyers lol

 

[bbsam]

Bbaam you are wasting your time trying to explain the law with guys that seem to be certified lawyers lol

Honestly, I'm not sure exactly how it works. I know that if SPH is correct, X and just about every contractor is in serious trouble.

 

[MAKAVELI]

Bbaam you are wasting your time trying to explain the law with guys that seem to be certified lawyers lol

Why don't you explain to me what makes your drivers " exempt " employees?

 

[bbsam]

Why don't you explain to me what makes your drivers " exempt " employees?

I dont.know that they are. That's why I asked.

 

[Crozz]

It works like this if minimum wage is $8.50 40 hours would be $340, now if I work them 50 hours I would have to pay $12.50 an hour for 10 hour over time totaling $467.50 for 50 hours. As long as pay minimum wage and track your hours and can show your paying at minimum or above minimum your are safe. Key is you have to keep up with the hours. That's why my drivers don't come in until 8 for HD and 8:30 for my ground guys and everyone has to clock out at the end of the day and I record it.