Day rate drivers or exempt employee OVERTIME

Exec32

Well-Known Member
If you are a driver you do not meet the federal definition for salaried or exempt worker. If your contractor pays you a salary to avoid overtime pay they are breaking the law.
If you are paid a daily rate your company is still required to account for and pay you overtime compensation for hours worked over 40.
DO NOT ACCEPT THE OWNERS EXCUSE OR LIE. These guys pay you this way to avoid overtime pay. This again is against the law.
If you file a complaint with the labor department you will remain anonymous. They cannot disclose your identity. The feds will audit all their wages to ensure they avoid identifying you. They will find the overtime you are owed and force the owner to pay everyone owed. The owner will then have to ensure no future violations.
Try it out, what have you got to lose.
 

It will be fine

Well-Known Member
If you are a driver you do not meet the federal definition for salaried or exempt worker. If your contractor pays you a salary to avoid overtime pay they are breaking the law.
If you are paid a daily rate your company is still required to account for and pay you overtime compensation for hours worked over 40.
DO NOT ACCEPT THE OWNERS EXCUSE OR LIE. These guys pay you this way to avoid overtime pay. This again is against the law.
If you file a complaint with the labor department you will remain anonymous. They cannot disclose your identity. The feds will audit all their wages to ensure they avoid identifying you. They will find the overtime you are owed and force the owner to pay everyone owed. The owner will then have to ensure no future violations.
Try it out, what have you got to lose.
Wrong
 

It will be fine

Well-Known Member
Man, watch yourself. This guy was a ground contractor for fun! If you're not careful, he'll come and teach your employees all about the ground scam and organize them.

You've been warned.
I take my legal advice from my employment lawyers. I’ve had former employees try to sue me for this exact issue. They lost.
 

Exec32

Well-Known Member
I take my legal advice from my employment lawyers. I’ve had former employees try to sue me for this exact issue. They lost.

Drivers that read this, it is a lie. File a complaint with your labor board. This is the same type of contractor that tries to classify manual labor as administrative. This is the same type of contractor that will tell you that you make the same daily rate even if you work 50 hours a week.
 

It will be fine

Well-Known Member
Drivers that read this, it is a lie. File a complaint with your labor board. This is the same type of contractor that tries to classify manual labor as administrative. This is the same type of contractor that will tell you that you make the same daily rate even if you work 50 hours a week.
It’s called the motor carrier exemption in the flsa, look it up.
 

Exec32

Well-Known Member
You sir are not a motor carrier..
Read it carefully. Fedex is the carrier, they do not employ you or your company. They contract with you. Your employees are not covered under this act.

You are a small private courier service. Your employees are protflat under flsa.
 

It will be fine

Well-Known Member
You sir are not a motor carrier..
Read it carefully. Fedex is the carrier, they do not employ you or your company. They contract with you. Your employees are not covered under this act.

You are a small private courier service. Your employees are protflat under flsa.
Is it hard being wrong all the time?

From the regulations:
  • Motor Carriers are persons providing motor vehicle transportation for compensation
My drivers are required to follow the DOT hours of service, this is what places them under the exemption. Perhaps a poor understanding of labor laws and transportation regulations is why you had a hard time as a contractor.
 

dvalleyjim

Well-Known Member
I think exec32 is right. Probably a salaried position. It gets more confusing when you add in stop bonuses, monthly bonuses and such. Probably most labor boards don't want to pursue this. It would take a class action lawsuit. Who you gonna sue? The broke ass contractor? No lawyer would take the case. It would have to be tied into FedEx proving somehow they set up labor violations type of thingy. If you got a lot of time go for it. I'll get in the class and cash the check. If you don't like the pay it would be easier to look for another job.
 

Exec32

Well-Known Member
Is it hard being wrong all the time?

From the regulations:
  • Motor Carriers are persons providing motor vehicle transportation for compensation
My drivers are required to follow the DOT hours of service, this is what places them under the exemption. Perhaps a poor understanding of labor laws and transportation regulations is why you had a hard time as a contractor.
Fedex is trying to have it both ways under the contractor model. They allow you to use their DOT authority but you are not directly regulated by the Dept of Transportation. You are not employed by X. This is a loophole that will leave you liable for wage violations when one of your employees decides to sue you.
If you want to conform to the regulations you will have to get your own authority, or fedex will establish you are an employee.
Interpretation of the regulation takes careful consideration of all regulations, not just the clauses that you assume to protect you.
Drivers can sue you for overtime violations. Look at case law, you will be disappointed.
Your simple understanding, or lack of, makes it clear why you are a ground contractor. Keep maki g those BOAT LOADS of cash...hahahaha
 

MAKAVELI

Well-Known Member
Is it hard being wrong all the time?

From the regulations:
  • Motor Carriers are persons providing motor vehicle transportation for compensation
My drivers are required to follow the DOT hours of service, this is what places them under the exemption. Perhaps a poor understanding of labor laws and transportation regulations is why you had a hard time as a contractor.
I'm pretty sure overtime was one of the issues in the class action lawsuits and settlements.
 

bacha29

Well-Known Member
I'm pretty sure overtime was one of the issues in the class action lawsuits and settlements.
As it pertained to contractors themselves not contractor employees. One component that does not appear to be examined here is what individual state labor laws have to say about the matter. The best thing an individual can do for himself is to never accept the employment in the first place and if they do they must first recognize and accept the fact that it's first and foremost transitional employment nothing more. Just a job between jobs. Something to tide you over until what can be clearly described as a real job comes along.Contractors thanks to their bottom of the scale compensation package must accept this fact as well along with the realization that their downfall will be people's complete unwillingness to accept the employment period.
 

It will be fine

Well-Known Member
I'm pretty sure overtime was one of the issues in the class action lawsuits and settlements.
Yup. Drivers that operated vehicles under 10k lbs were due overtime. Drivers that operated vehicles over 10k lbs did not because they are covered under the exemption. Like I said before, I’ve actually been sued for this and won, it’s not debatable. The law is clear.
 

It will be fine

Well-Known Member
Fedex is trying to have it both ways under the contractor model. They allow you to use their DOT authority but you are not directly regulated by the Dept of Transportation. You are not employed by X. This is a loophole that will leave you liable for wage violations when one of your employees decides to sue you.
If you want to conform to the regulations you will have to get your own authority, or fedex will establish you are an employee.
Interpretation of the regulation takes careful consideration of all regulations, not just the clauses that you assume to protect you.
Drivers can sue you for overtime violations. Look at case law, you will be disappointed.
Your simple understanding, or lack of, makes it clear why you are a ground contractor. Keep maki g those BOAT LOADS of cash...hahahaha
Man, you are just wrong everywhere, literally everything in this post is incorrect.
 
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