No tax on overtime

Thebrownblob

Well-Known Member
I don't argue that deregulation played a large part in failed pension funds.
I was responding to a post that claimed deregulation was pro-union legislation.
Can't have it both ways.
You’ve argued against that fact several times and then you said they were stealing. I just was responding back that you have no problem with what you call “stealing” if it is in your benefit. It’s a little hypocritical don’t you think?

A lot of very good brothers and sisters were about to lose everything. It’s really not something to make light of or pretend anyone is “stealing, “especially when the government had such a heavy hand at what happened to that fund. Those people did everything that was asked of them, and though a confluence of bad decision decisions by both the fund and more so the government in my opinion, they almost lost everything.

Many of those people were old enough they didn’t even have an option for a 401(k) because it wasn’t available to them yet, or for a long enough period That it would’ve made much difference.
 
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govols019

You smell that?
And now....
Screenshot_20250709-002801.png
 

govols019

You smell that?
Truck drivers are exempt from the FLSA..meaning we are not required to be paid overtime. Our overtime is guaranteed by the contract..not federal law.


For some light reading:




This document summarizes the court case of SMITH v. UNITED PARCEL SERVICE, INC., heard in the United States District Court, S.D. West Virginia, Charleston Division, on July 5, 1995.

Case Overview: Employees of United Parcel Service (UPS) filed a lawsuit claiming they were denied overtime wages for working over forty hours per week, in violation of both the Fair Labor Standards Act (FLSA) and the West Virginia Minimum Wage and Maximum Hours Standards Act for Employees.

UPS's Argument: UPS sought partial dismissal or summary judgment, arguing that certain employees, specifically package drivers, feeder drivers, and mechanics, are exempt from federal and state overtime protections. This argument was based on statutes like 29 U.S.C. § 213(b)(1), which provides an exemption for employees whose qualifications and maximum hours of service are subject to the power of the Secretary of Transportation under 49 U.S.C. § 31502(b)(1). The court noted that the existence of this power, rather than its exercise, determines the exemption. The West Virginia statute has a similar exemption.

Court Decision: The court granted UPS's motion for partial summary judgment. It ruled that package drivers, feeder drivers, and mechanics are indeed exempt from the overtime protection provisions of both the FLSA and the West Virginia Minimum Wage and Maximum Hours Standards for Employees Act.
 

JL 0513

Well-Known Member

Someone's going to have to get to the bottom of whether we would be exempt. It's not at all straight forward from everything I've read. I know special OT that is specific to UPS/union benefits are exempt but regular over 40 hour OT should qualify.

We're going to have hundreds of thousands of pissed off drivers if we end up not getting anything.
 

Non liberal

Well-Known Member
Someone's going to have to get to the bottom of whether we would be exempt. It's not at all straight forward from everything I've read. I know special OT that is specific to UPS/union benefits are exempt but regular over 40 hour OT should qualify.

We're going to have hundreds of thousands of pissed off drivers if we end up not getting anything.
I think if you work over 40 hrs, you’ll qualify. It’s not a ton of money though. About 2700 a year when u get your tax return back. That’s based on 10 overtime hours a week. Still great! just not a ton.
 

JL 0513

Well-Known Member
I think if you work over 40 hrs, you’ll qualify. It’s not a ton of money though. About 2700 a year when u get your tax return back. That’s based on 10 overtime hours a week. Still great! just not a ton.

Yeah, I had determined about that amount too. Would be a good junk of change to lose though if somehow we're exempted. We already pay more tax than a lot of people make in total.
 

UnionStrong

Sorry, but I don’t care anymore.
Someone's going to have to get to the bottom of whether we would be exempt. It's not at all straight forward from everything I've read. I know special OT that is specific to UPS/union benefits are exempt but regular over 40 hour OT should qualify.

We're going to have hundreds of thousands of pissed off drivers if we end up not getting anything.
The operative word being “solely” by contract. That indicates very specific circumstances. I’ve had jobs where there was no contract, no union, and still got time and a half ot. The FSLA mandates time and a half over 40 hours in a work week. Pretty sure drivers will get no tax on OT. Don’t listen to Tik Tok lawyers. Read federal law. Everyone is mandated time and a half after 40, contract or no contract. So no one can get no tax on OT? I think not. Look it up.
 

JL 0513

Well-Known Member
Yep, my accountant says we qualify. Not daily but anything over 40.

Yup, the OT over 8 thing is clearly exempted but of course we almost all go well over 40 every week anyway.

Other exemptions include any double time situations or obviously grievance pay and such things.

Also, for Holiday weeks, that may effect going over 40 if those 8 aren't counted.
 

Thebrownblob

Well-Known Member
Of course you do! Some half wit with TDS points out something he doesn’t understand and people panic.

Yup, the OT over 8 thing is clearly exempted but of course we almost all go well over 40 every week anyway.

Other exemptions include any double time situations or obviously grievance pay and such things.

Also, for Holiday weeks, that may effect going over 40 if those 8 aren't counted.
No idea how they figure all that out. Good luck.
 
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