XPO | Tier 1 and tier 2 dockworkers

Intrastate commerce is exempt from o.t. Learn your rules. Southern gets o.t. After 50. Deal with it
If he knows the rules, then its not his opinion. US Department of Labor spells it out right here.
http://www.dol.gov/whd/regs/compliance/whdfs19.htm


The Section 13(b)(1) overtime exemption does not apply to employees not engaged in “safety affecting activities”, such as dispatchers, office personnel, those who unload vehicles, or those who load but are not responsible for the proper loading of the vehicle. Only drivers, drivers’ helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the FLSA under Section 13(b)(1).
Sorry pal but you are not my go to guy for information. In PA I would call the dept of Labor and Industry in Harrisburg and hear what they have to say. If they could point me to something a lot more solid than your opinion on it I might take it, otherwise I'd push it 'til I either won or hit the dead end. BTW the penalties in PA for not paying OT are enough to get even a rich employer's attention.
Sounds to me like the union moderator needs to do more homework.
 
Only drivers, drivers’ helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the FLSA under Section 13(b)(1).
Well...right there is the one line that does make it pertain to your dockworkers. :2437:
 
Sounds to me like the union moderator needs to do more homework.
Homework completed.
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Maybe in 2017 President Sanders will remove the exemption and put interstate trucking under the Fair Labor Standards Act
 
I think you are right 30 hr's ,But one week opens the door for over time
Man I do not believe you guys. **** an moan about the things you hav a half a clue about. 30 hours a week for 4 consecutive weeks will get an employee health benifits, thanks to Obama, so that is why a lot f employers are dropping below the 30 hour rule. Nothing bout o.t. In there. That is one reason why unions started, o.t. After 8. Just keep on trucking guys
 
I think you are right 30 hr's ,But one week opens the door for over time
Who exactly is a “full-time equivalent employee?” Under the ACA ( Affordable Care Act/"Obama care" ) rules, generally an employee is considered full-time if he or she is reasonably expected to work on average at least 30 hours per week, or 130 hours per month. Variable hour and seasonal employees may also be considered full-time under the new ACA rules.
 
Man I do not believe you guys. **** an moan about the things you hav a half a clue about. 30 hours a week for 4 consecutive weeks will get an employee health benifits, thanks to Obama, so that is why a lot f employers are dropping below the 30 hour rule. Nothing bout o.t. In there. That is one reason why unions started, o.t. After 8. Just keep on trucking guys


And if the unions weren't as crooked as the corporations they would be in high demand right now.
 
Man I do not believe you guys. **** an moan about the things you hav a half a clue about. 30 hours a week for 4 consecutive weeks will get an employee health benifits, thanks to Obama, so that is why a lot f employers are dropping below the 30 hour rule. Nothing bout o.t. In there. That is one reason why unions started, o.t. After 8. Just keep on trucking guys
No moaning,just having a little option
 
I don't understand how that can be legal. Dock workers are not drivers and should be subject to overtime laws.
From what I understand, OT laws vary from state to state / different industries have different laws pertaining to OT, The same way Giving you a lunch break is not mandatory in some industries/ states.
 
Only drivers, drivers’ helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the FLSA under Section 13(b)(1).

Well...right there is the one line that does make it pertain to your dockworkers. :2437:

Dock workers handle intrastate freight also and it's not exempt .
 
Here's a court's finding regarding whether they are exempt or not .

[The plaintiff dockworkers] also agree that "loaders" are not covered by the FLSA's overtime-wage provisions. See Levinson v. Spector Motor Serv., 330 U.S. 649, 673, 67 S.Ct. 931, 91 L.Ed. 1158 (1947) (recognizing that the Interstate Commerce Commission (ICC), which originally had the authority now conferred by the MCA on the Secretary of Transportation, possessed the power to regulate the hours of loaders). A loader is an employee of a private motor carrier whose duties include loading and unloading motor vehicles "so that they may be safely operated on the highways of the country." 29 C.F.R. § 782.5(a) (defining a "loader" for the purpose of the MCA);Levinson, 330 U.S. at 652 n. 2, 67 S.Ct. 931, (approving a similar definition that the ICC had adopted). The applicable regulations recognize a loader's role in the safe operation of motor vehicles by specifying that an employee works as a loader "so long as he has responsibility when such motor vehicles are being loaded, for exercising judgment and discretion in planning and building a balanced load or in placing, distributing, or securing the pieces of freight in such a manner that the safe operation of the vehicles on the highways in interstate or foreign commerce will not be jeopardized." 29 C.F.R. § 782.5(a).

Despite these points of commonality, the plaintiffs and Watkins disagree as to whether these two dockworkers exercised the judgment and discretion necessary to be considered loaders. Rivers and Vaughn argue that genuine issues of material fact exist with respect to the manner in which they performed their duties....

[W]e believe that all reasonable jurors would find that Rivers and Vaughn exercised the judgment and discretion necessary to be classified as loaders. Their duties, consistent with the definition of a "loader," had a substantial effect on the safe operation of motor vehicles. As a result, the Secretary of Transportation had the authority to regulate their qualifications and maximum hours of service, thus making the FLSA's overtime-wage provisions inapplicable to them. We therefore conclude that the district court did not err in granting summary judgment in favor of Watkins on the plaintiffs' FLSA claims.
 
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