Major Fail At Our Ground Terminal Already
- Thread starter dvalleyjim
- Start date
Crozz
Well-Known Member
I know Oklahama had a lawsuit over this issue and the contractor loss because he couldn't show the hours hence fedex making it a rule to show hours on our own and not rely on them.
bbsam: I did as you instructed and check the regs again .The FLSA. Not the first time I've been there. Now under 13(b)(1) grants an overtime exemption if the person is operating a vehicle that has a GVW under 10,000lbs BUT further down it states that the overtime exemption does not apply to "firms engaged in the leasing or renting of motor vehicles to carriers".
So it was not that he couldn't pay salary but that he had poor book work to show salary vs hourly work and pay?
MAKAVELI
Well-Known Member
http://employment.findlaw.com/wages-and-benefits/exempt-employees-vs-nonexempt-employees.html
The differences between exempt employees and nonexempt employees can cause a lot of confusion for both workers and employers. Whether or not you are entitled to minimum wage and/or overtime pay for working more than 40 hours per week depends on your exemption status, as governed by the federal Fair Labor Standards Act (FLSA). Some jobs are specifically excluded from the FLSA statute, including many types of agricultural workers, while truck drivers and some other professions are governed by laws other than the FLSA. The majority of U.S. workers, though, are covered by the FLSA and are classified as either nonexempt or exempt employees with respect to pay and overtime regulations. The following summary breaks down how the exemption rules work.
Nonexempt Employees
A nonexempt employee must be paid the minimum wage and overtime pay for any time worked beyond 40 hours in a given week. Under FLSA rules, nonexempt employees are entitled to time and one-half of their regular pay rate for each hour of overtime. Nonexempt employees mistakenly treated as exempt employees, or whose "off-the-clock" hours are not properly recorded and compensated, may file FLSA overtime claims with the U.S. Department of Labor.
Most workers, particularly those working an hourly wage, are in fact nonexempt employees.
Exempt Employees
Exempt employees are not granted the protections of the FLSA and are therefore not entitled to overtime pay. Some types of jobs are considered exempt by definition under the law, including outside sales staff and airline employees. But for most professions, an individual is an exempt employee if he or she meets the following three tests:
Is paid at least $23,600 per year (or $455 per week)Is paid on a salary basisPerforms exempt job duties
The salary requirement does not apply to certain professions that pay on an hourly basis, including physicians and schoolteachers.
Exempt Job Duties
The third test for exemption status concerns the type of work an employee performs. As a rule of thumb, exempt employees tend to perform relatively high-level duties with respect to the company's overall operations (regardless of job title). The FLSA breaks this out into three main categories: executive, professional and administrative.
Exempt Job Duties: Executive
An employee is exempt from FLSA rules as an executive if he or she regularly performs all of the following:
Supervises two or more other employeesPrimary duty of the position is managementHas genuine input into other employees' job status (hiring, firing, assignments, etc.)
This determination is made on a case-by-case basis, as each duty leaves room for interpretation. As a rule of thumb, an employee working exempt executive duties is "in charge" or considered "the boss."
Exempt Job Duties: Professional
Exempt professional employees include lawyers, physicians, teachers, architects, registered nurses and other employees performing work requiring advanced education or training. These typically are intellectual jobs requiring specialized education and involving the use of discretion and judgment. This exemption does not include skilled trades, mechanical arts or other work that does not require a college or postgraduate degree.
This exemption also includes creative professionals such as writers, journalists, actors and musicians. Typically, such jobs require imagination, talent and some unique contribution to the employer.
Exempt Job Duties: Administrative
This exemption is for employees whose main duties involve the support of the business, such as human resource staff, public relations or payroll and accounting. As a rule of thumb, administrative employees do not directly produce what the company sells; however, they are at a much higher level than those performing simple clerical work.
The FLSA defines exempt administrative job duties as follows:
(a) office or nonmanual work, which is
(b) directly related to management or general business operations of the employer or the employer's customers, and
(c) a primary component of which involves the exercise of independent judgment and discretion about
(d) matters of significance.
- See more at: http://employment.findlaw.com/wages...nonexempt-employees.html#sthash.e8AayaLJ.dpuf
The differences between exempt employees and nonexempt employees can cause a lot of confusion for both workers and employers. Whether or not you are entitled to minimum wage and/or overtime pay for working more than 40 hours per week depends on your exemption status, as governed by the federal Fair Labor Standards Act (FLSA). Some jobs are specifically excluded from the FLSA statute, including many types of agricultural workers, while truck drivers and some other professions are governed by laws other than the FLSA. The majority of U.S. workers, though, are covered by the FLSA and are classified as either nonexempt or exempt employees with respect to pay and overtime regulations. The following summary breaks down how the exemption rules work.
Nonexempt Employees
A nonexempt employee must be paid the minimum wage and overtime pay for any time worked beyond 40 hours in a given week. Under FLSA rules, nonexempt employees are entitled to time and one-half of their regular pay rate for each hour of overtime. Nonexempt employees mistakenly treated as exempt employees, or whose "off-the-clock" hours are not properly recorded and compensated, may file FLSA overtime claims with the U.S. Department of Labor.
Most workers, particularly those working an hourly wage, are in fact nonexempt employees.
Exempt Employees
Exempt employees are not granted the protections of the FLSA and are therefore not entitled to overtime pay. Some types of jobs are considered exempt by definition under the law, including outside sales staff and airline employees. But for most professions, an individual is an exempt employee if he or she meets the following three tests:
Is paid at least $23,600 per year (or $455 per week)Is paid on a salary basisPerforms exempt job duties
The salary requirement does not apply to certain professions that pay on an hourly basis, including physicians and schoolteachers.
Exempt Job Duties
The third test for exemption status concerns the type of work an employee performs. As a rule of thumb, exempt employees tend to perform relatively high-level duties with respect to the company's overall operations (regardless of job title). The FLSA breaks this out into three main categories: executive, professional and administrative.
Exempt Job Duties: Executive
An employee is exempt from FLSA rules as an executive if he or she regularly performs all of the following:
Supervises two or more other employeesPrimary duty of the position is managementHas genuine input into other employees' job status (hiring, firing, assignments, etc.)
This determination is made on a case-by-case basis, as each duty leaves room for interpretation. As a rule of thumb, an employee working exempt executive duties is "in charge" or considered "the boss."
Exempt Job Duties: Professional
Exempt professional employees include lawyers, physicians, teachers, architects, registered nurses and other employees performing work requiring advanced education or training. These typically are intellectual jobs requiring specialized education and involving the use of discretion and judgment. This exemption does not include skilled trades, mechanical arts or other work that does not require a college or postgraduate degree.
This exemption also includes creative professionals such as writers, journalists, actors and musicians. Typically, such jobs require imagination, talent and some unique contribution to the employer.
Exempt Job Duties: Administrative
This exemption is for employees whose main duties involve the support of the business, such as human resource staff, public relations or payroll and accounting. As a rule of thumb, administrative employees do not directly produce what the company sells; however, they are at a much higher level than those performing simple clerical work.
The FLSA defines exempt administrative job duties as follows:
(a) office or nonmanual work, which is
(b) directly related to management or general business operations of the employer or the employer's customers, and
(c) a primary component of which involves the exercise of independent judgment and discretion about
(d) matters of significance.
- See more at: http://employment.findlaw.com/wages...nonexempt-employees.html#sthash.e8AayaLJ.dpuf
Fred's Myth
Nonhyphenated American
As an independent contractor, you aren't engaged in interstate commerce, Fedex is, unless you are crossing State lines. Therefore, the exemption doesn't apply.
MAKAVELI
Well-Known Member
http://m.trinet.com/resources/industry_articles/exempt_vs_nonexempt.htm
Take Employee Classification Seriously
The major takeaway here is to treat employee classification seriously. Employers who maintain a cavalier attitude about exempt/non-exempt classification could find themselves saddled with liability for years of unpaid wages, plus interest, statutory penalties, and attorney fees.
Considering that misclassification is one of the most common reasons for lawsuits against employers, it’s not surprising that many big-name employers (as well as small and medium-sized ones) have had to pay large amounts of money for misclassifying employees.
Take Employee Classification Seriously
The major takeaway here is to treat employee classification seriously. Employers who maintain a cavalier attitude about exempt/non-exempt classification could find themselves saddled with liability for years of unpaid wages, plus interest, statutory penalties, and attorney fees.
Considering that misclassification is one of the most common reasons for lawsuits against employers, it’s not surprising that many big-name employers (as well as small and medium-sized ones) have had to pay large amounts of money for misclassifying employees.
It will be fine
Well-Known Member
Not true. We are private motor carriers engaged in interstate commerce. My lawyers drafted employment contracts for my drivers with pay as salary. I'll take their opinion over anyone here.
MAKAVELI
Well-Known Member
You are not private motor carriers. FedEx is the motor carrier and you operate under their DOT number.
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MAKAVELI
Well-Known Member
Just because your lawyer drafted labor contracts, doesn't mean they can't be challenged in a wage claim.
MrFedEx
Engorged Member
FedEx is not a private carrier. Your lawyers might not be as sharp as the ones that will eventually bring down the scam.
It will be fine
Well-Known Member
FedEx is not. The contractors are, our drivers' hours are controlled by the DOT. They are therefore exempt from overtime.
MAKAVELI
Well-Known Member
FedEx is the carrier. You transport pkgs for FedEx under their DOT number.
MrFedEx
Engorged Member
Oh, so you're a private carrier operating on behalf of a public carrier, with employees who aren't really employees at all. Simple. There is no OT because the scam doesn't allow for it. I'm waiting for the day when it's ruled that you all really work for Mr. Smith as employees.
It will be fine
Well-Known Member
I would guess you'll be long dead before that happens. You seem stressed, watch that blood pressure.
Crozz
I think you are wrong on this. I used to work at a large manufacture plant that had everyone above a basic production operation on salary. The Labor board got wind of it and forced a change and hefty fines/fees. If you were not an eng, supervisor or upper manager you went hourly status over night. not the only place in town that this happened to at the same time.
I think you are wrong on this. I used to work at a large manufacture plant that had everyone above a basic production operation on salary. The Labor board got wind of it and forced a change and hefty fines/fees. If you were not an eng, supervisor or upper manager you went hourly status over night. not the only place in town that this happened to at the same time.
Speaking from a laymans perspective. The language clearly states that the overtime exemption does not apply to people leasing or renting motor vehicles to motor carriers and that's exactly what you are doing and I would say that the vast majority of vehicles are over 10,000 GVW LIkewise if you are paying the exact same gross pay every week while the hours worked fluctuates from week to week it may be hard time saying that it's not a salary. Might be hard to say that the guy behind the wheel is not a blue collar wage earner entitled to overtime.
MrFedEx
Engorged Member
Shhh. Don't say it too loudly. Someone might hear and determine that the overtime exemption doesn't apply to employees driving motor vehicle over 10,00GVW. Most Ground operators around these parts pay their slaves a flat salary, so they get 60+ hours of work and never pay OT.
I cross state lines.
Cactus
Just telling it like it is
You aren't the only one.
