Overtime pay and salaried employees

Discussion in 'FedEx Discussions' started by FedExer267, Jan 25, 2011.

  1. FedExer267

    FedExer267 Member

    So I was making a delivery to a law firm I frequently deliver to. They gave me some info.

    California Overtime Pay

    Overtime pay is additional pay for working over 40 hours a week, and in CA, over 8 hours in a day. Whether someone should recieve OT pay depends on the work they do, but these general rules apply to all employees:

    The Overtime laws are designed to protect employees, and the courts construe them to give employees the maximum protection.
    Employees are presumed to be intitled to OT pay and under California and Federal Law, the employer, not the employee, has the burden of proof to show the properly paid the employee.

    A employee's right to OT pay does not depend on if they are salaried. Many salaried employees are entitled to OT pay.

    Work activities, not job titles and resposibilities, govern whether your entitled to OT pay. In CA the law looks to what employees do over half their work time. While employers sometimes give employees untrue job titles for the purpose of avoiding OT pay, this does not affect employees rights.

    A employer must pay OT in CA unless it can prove the employee is exempt from OT law requirements. Exempt employees do not get OT pay.

    The Executive Exemption

    The Admininstrative Exemption

    The Professional Exemption- applies to employees who have a certain licenses to practice a profession

    The Computer Software Professional Exemption

    The Outside salesperson Exemption- applies to employees who work away from the workplace making sales and filling orders. However the employee cannot spend a signifiant time doing the same work as other non-exempt employees.

    So sounds like someone owes us OT
  2. bbsam

    bbsam Moderator Staff Member

    Not you. Remember? You have it in writing that you work 8 hours a day and that's what they get for the pay. At least that's what you posted in the past...
  3. Brown287

    Brown287 Im not the Mail Man!

    The Ground drivers have a hell of a class action law suit if they ever decide to come together as a single group and push the issue. Years ago management at UPS sued over the same thing and guess what, they one. The court basically stated that if your pay is based upon a specific amount of hours worked, but the employer knowingly works them over that they are then in violation and over time must be paid.

    I'm sure there is more to it than that, but now the part time supervisors get over time even know they are salary.

    This would cause a major problem for contractors which would then cause a GIGANTIC problem for FedEX.
  4. FedExer267

    FedExer267 Member

    Hey bbsam yes I work 8 a day good luck getting me to help you with your 9000 piece pickup. However this is for every other Ground guy getting hosed. The guys on the board told me to go hunting so I am taking a few shots. Sorry to get your boxers in a wad. It comes down to whats right, and like I said I am just giving info on what a lawyers office gave me. If you are truly treated your employees right you have nothing to worry about.
  5. FedExer267

    FedExer267 Member

    True salaried employees

    Salaried employees recieve the same amount each week no matter how much work they do or how many hours they work.
    They must recieve a FULL salary for any week in which they perform any work " without regard to the number of days or hours worked"

    According to a Dept of labor interpertation "An employee is not paid on a salary basis if the employer makes deductions from the predetermined salary, for example, absences caused by the employer or because of the operating requirements of the business. (holidays) If the employee is ready willing and able to work, deductions may not be made for time when work is not available."

    If a employee performs no work during the pay period, then the employer can be excused from paying a salary. However if any work is done then the employee should recieve a full weeks pay. Under the Federal Law, the only exemption to this appears to be that the first and last weeks pay can be prorated.
  6. bbsam

    bbsam Moderator Staff Member

    No worries whatsoever. I was just surprised that you posted something that had nothing to do with you. Still not fired yet, eh? Wonder how I knew that....
  7. FedExer267

    FedExer267 Member

    Nah he wont fire me dosent want to pay unemployement. Hard to fire someone who shows up and does his job.
  8. bbsam

    bbsam Moderator Staff Member

    But I thought the TM was going to fire you.
  9. FedExer267

    FedExer267 Member

    No he cant remember.. All though he thinks he can
  10. bbsam

    bbsam Moderator Staff Member

    I know. I just wanted to hear you say it.:happy-very:
  11. MrFedEx

    MrFedEx Engorged Member

    Ground is a total scam. What's really going to nail FedEx someday isn't the OT issue, but the degree to which they manage supposed non-employees as actual employees. That is the defining factor in whether or not the ISP model survives.
  12. FedExer267

    FedExer267 Member

    I like this one...
    To be exempt under California Law a employee must also earn a monthly salary equivalent to no less than two times the California minimum wage for full-time employement. So if minimum wage is 8 a hour that means a employee should earn atleast 16 a hour. That will be a rude awakening for Contractors that are paying 500, 550, and 600 a week. Not like they can say we are part time.
  13. FedEx2000

    FedEx2000 New Member

    The way I read that is based on MONTHLY salary, not hourly. So, for example, $8/hr x 35 hrs = $280/wk x 4 = $1,120/month. (I use 35 hrs b/c that is what is considered minimum hours for a FT employee at Express) If you are on a salary of $600/wk or $2,400/mo, you meet the criteria......$500/$550 falls a little short though.

    Let me be clear though, I think Ground drivers are way underpaid....so, I'm not saying that $600/wk is justified, just offering my opinion of how it is interpreted.
  14. bbsam

    bbsam Moderator Staff Member

    Ground drivers are way underpaid. Hopefully ISP is a direction to changing that.
  15. Brown287

    Brown287 Im not the Mail Man!

    Ironic coming from King Scam who seems to enjoy dictating to his employees what he feels is a just wage. Put your money where your mouth is Mr. Camaro. If you feel that drivers are underpaid then do something about it, remember Mr. Businessman you have all the power to make your own decisions.

    For someone who tells FedEx what he is going to do, you seem to imply with this statement that you don't already have the ability to pay your drivers anymore. Well here is an idea, spend less time trying to impress us and spend more time paying your drivers more money. Pretty simple now wasn't it
  16. bbsam

    bbsam Moderator Staff Member

    LOL. Give it time. No Camaro here, though the temptation was there. New 2011 Freightliner though with $10,000 urea injection system. Old trucks simply aren't worth trying to keep on the road. Never once have I suggested that drivers weren't underpaid. What I have said is that I pay better than most and that the job is what it is and pays what it pays. People are free to work for me or not and never do I try to sugar-coat the position. If they find something better, so be it.
  17. Cactus

    Cactus Just telling it like it is

    So, what do you pay v.s. what other contractors pay?
  18. Brown287

    Brown287 Im not the Mail Man!

    BbSCAM never gets specific. He comes on here and throws numbers around but he never will be specific. I just don't get it, if he is making as much money as he claims and if his integrity as at the level that he claims he would not only be paying his employees better but he himself would be leading the charge against FedEx for better oversight on Ground wages.

    All the rules that FedEx has in regards to how these jokers run their routes and nowhere is there any common language on driver scale. Talk about a inconvenient truth.
  19. Cactus

    Cactus Just telling it like it is

  20. bbsam

    bbsam Moderator Staff Member

    Between 600 and 1000 a week, if it matters that much plus a possible 200 per monthly bonus. Now what you suggest about oversight of wages by the company would in fact violate an independent contractor status and we wouldn't want that, would we? But if you are convinced that it is what you want it to be, then the actual facts are inconsequential and violations don't mean a thing.