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Major Fail At Our Ground Terminal Already
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<blockquote data-quote="STFXG" data-source="post: 1975675" data-attributes="member: 41750"><p>This bad information in this thread is going to make my head explode.</p><p></p><p>First. The bit about firms engaged in leasing vehicles to motor carriers. That is for firms that are non-carriers. Companies that are not engaged in "safety affecting activities". Contractors do lease their vehicles to FedEx, but we operate them. We are not leasing companies.</p><p></p><p>Second. Any non-exempt employee can be paid salary. The amount of pay has to be agreed upon prior to employment. "I will hire you for $700 per week to work up to 70 hours." That is perfectly legal. It just has to be in writing and agreed to. The way OT would have to be paid is this: 700/70 = $10 effective hourly rate. The hours were already agreed on so the employer would owe OT on the additional 30 hours. 10/2=5, 5*30 = $150 of OT owed. Since the salary was agreed on the total hours are already paid. 700/45 = $15.56 effective wage. $15.56/2 = 7.78, 7.78*5 = $38.89 OT owed. Obviously for exempt employees, over 10k gvw, this doesn't matter.</p><p></p><p>The calculation is similar for piece rate. 800 stops at $1 per stop. 50 hour work week. 800/50 = 16. 16/2 = 8. 8*10 = $80 OT owed.</p><p></p><p>Third. We don't have to cross state lines, our volume does. We are part of the chain. That means we are involved in interstate commerce.</p></blockquote><p></p>
[QUOTE="STFXG, post: 1975675, member: 41750"] This bad information in this thread is going to make my head explode. First. The bit about firms engaged in leasing vehicles to motor carriers. That is for firms that are non-carriers. Companies that are not engaged in "safety affecting activities". Contractors do lease their vehicles to FedEx, but we operate them. We are not leasing companies. Second. Any non-exempt employee can be paid salary. The amount of pay has to be agreed upon prior to employment. "I will hire you for $700 per week to work up to 70 hours." That is perfectly legal. It just has to be in writing and agreed to. The way OT would have to be paid is this: 700/70 = $10 effective hourly rate. The hours were already agreed on so the employer would owe OT on the additional 30 hours. 10/2=5, 5*30 = $150 of OT owed. Since the salary was agreed on the total hours are already paid. 700/45 = $15.56 effective wage. $15.56/2 = 7.78, 7.78*5 = $38.89 OT owed. Obviously for exempt employees, over 10k gvw, this doesn't matter. The calculation is similar for piece rate. 800 stops at $1 per stop. 50 hour work week. 800/50 = 16. 16/2 = 8. 8*10 = $80 OT owed. Third. We don't have to cross state lines, our volume does. We are part of the chain. That means we are involved in interstate commerce. [/QUOTE]
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