Estes | Estes overtime after 8 hours

[BIG STEVE]

The only people who have any recourse are Dock workers, who are only dock worker's and have no CDL. and office personnel. If those dock worker's do not push it then they are caught in the mix.

if that's the case then why are these companies allowed to break the law
incidently i believe the damages/penalties
for violating the FLSA is 3x what is owed
and why hasn't anyone pursued it yet
and if someone did pursue it and won why doesn't that victory's protection extend to all who were violated
i don't think it would only cover the complaintant
i think the key is the company's business activity of whether they engage primarily in interstate commerce or not

 

[brutus]

The only people who have any recourse are Dock workers, who are only dock worker's and have no CDL. and office personnel. If those dock worker's do not push it then they are caught in the mix.

the last time i talked to the wage and labor board i was told that interstate commerce is except from paying O.T.they say-ed the company does not have to pay OT to dock ,clerks,mechanics,and drivers.
but thats been sometime ago and thing have changed so i sent an e-mail to
[email protected] at U.S. Department of Labor
Employment Standards Administration Wage and Hour Division

and heres the answer i got

Question:
i work for an ltl trucking company and i would like to know when or if they have to pay overtime.i looked on the web site but could not find any thing on it.

there answer
Thank you for contacting the U.S. Department of Labor's National Contact Center.

For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes. Some states also have enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).

You may please visit www.wagehour.dol.gov, or contact the Columbus OH District Office at (614) 469-5677 for additional information. If you are unable to reach a representative or have not received a return call within 3 business days, please provide us with your name, address, telephone number and the dates and times you attempted to call the office, so that we can forward your information to your local office.

Thank you,

The U.S. Department of Labor National Contact Center

Disclaimer: "This response is for information purposes only and does not constitute an official communication of the U.S. Department of Labor. For an official response, please write: U.S. Department of Labor, 200 Constitution Avenue NW, Washington DC 20210."

http://www.dol.gov/

 

[Moparman]

Even walmart pays overtime.No wonder estes has a revolving door!

 

[accelerator]

the last time i talked to the wage and labor board i was told that interstate commerce is except from paying O.T.they say-ed the company does not have to pay OT to dock ,clerks,mechanics,and drivers.
but thats been sometime ago and thing have changed so i sent an e-mail to
[email protected] at U.S. Department of Labor
Employment Standards Administration Wage and Hour Division

and heres the answer i got


http://www.dol.gov/

Unfortunatly at "O" all the people or most were hired with CDL'S so there fore the company is not obliged to pay Overtime.

A little while ago with one of the local companies in my area , their maine, and New Hampshire, and Mass. terminal's were told that if they inturn were going to hire Dockmen with out CDL'S , that they inturn were entitled for Overtime , Retroactive from hire date, and they were paid. Sometimes it is easier to move on.

 

[BIG STEVE]

the last time i talked to the wage and labor board i was told that interstate commerce is except from paying O.T.they say-ed the company does not have to pay OT to dock ,clerks,mechanics,and drivers.
but thats been sometime ago and thing have changed so i sent an e-mail to
[email protected] at U.S. Department of Labor
Employment Standards Administration Wage and Hour Division

and heres the answer i got


http://www.dol.gov/

so

what does that mean
it doesn't answer or clarify anything except that there are exempt jobs:wacko:
we already know that

there was an article in the latest issue of traffic world concerning the provision of ot pay
it seems that legislation has passed with a provision enabling / concerning short haul drivers who operate cmvs under 10,000 lbs pounds are now eligible for ot pay after 40 hours
ups and fed ex are launching a legal fight against it
i still maintain the the accuracy of my previous statement in an earlier post that dock workers and clerical workers who work for a transportation company whose primary business is engaged in interstate commerce are also exempt:bicycle:

upsf and fed ex freight guys should take note of the fact that their companies are choosing to fight it and still elect to modify ot provisions for current employees in a positive fashion
ulterior motives may lurk within as it is a most contradictory development:bicycle:

 

[accelerator]

so

what does that mean
it doesn't answer or clarify anything except that there are exempt jobs:wacko:
we already know that

there was an article in the latest issue of traffic world concerning the provision of ot pay
it seems that legislation has passed with a provision enabling / concerning short haul drivers who operate cmvs under 10,000 lbs pounds are now eligible for ot pay after 40 hours
ups and fed ex are launching a legal fight against it
i still maintain the the accuracy of my previous statement in an earlier post that dock workers and clerical workers who work for a transportation company whose primary business is engaged in interstate commerce are also exempt:bicycle:

upsf and fed ex freight guys should take note of the fact that their companies are choosing to fight it and still elect to modify ot provisions for current employees in a positive fashion
ulterior motives may lurk within as it is a most contradictory development:bicycle:

Was there an inkling as to wether legislation was going to take this a little further. As far as I am concearned OT should be paid after 40.

 

[accelerator]

if that's the case then why are these companies allowed to break the law
incidently i believe the damages/penalties
for violating the FLSA is 3x what is owed
and why hasn't anyone pursued it yet
and if someone did pursue it and won why doesn't that victory's protection extend to all who were violated
i don't think it would only cover the complaintant
i think the key is the company's business activity of whether they engage primarily in interstate commerce or not

I am going to look for applicable laws that are directly involved with dock and office personell. Now I do know that the states can ammend these laws ,only for the better of coarse, so if this is the case ( speaking of ignorance with out applicable info) Then office personell and dock personell can be exempt from these laws. Pending on state actions. Office personell at O alway's had OT after 40.

 

[BIG STEVE]

Was there an inkling as to wether legislation was going to take this a little further. As far as I am concearned OT should be paid after 40.

this recently signed into law only covered those drivers who operate 10,000 lb or less cmvs
once the gov eliminated the hours of service rule applying to them they automatically fall under the protection of the fair labor standards act
go on line at the traffic world website , check the recent issue and look for this article
as far as ot after 40, keep in mind the company can still abuse you by not working you on the 5th day and any time you may acrued up to then with you thinking it would be time and a half simply vanishes:USA:
that is why in the union world there is ot after 8 each day and it will never leave you:owned:

 

[BIG STEVE]

I am going to look for applicable laws that are directly involved with dock and office personell. Now I do know that the states can ammend these laws ,only for the better of coarse, so if this is the case ( speaking of ignorance with out applicable info) Then office personell and dock personell can be exempt from these laws. Pending on state actions. Office personell at O alway's had OT after 40.

i hope you are right but i do believe that is not the case:wounded1:

 

[headcover]

overtime

I work for Jevic out of the Delanco NJ term., in the state of NJ there is a labor law on the books that employees of motor freight carriers do not have to be paid overtime. Our mechanics get o/t but not the dock workers or us drivers and i usually work close to 60 hrs p/w thats a lot of lost wages.

 

[BIG STEVE]

Office personell at O alway's had OT after 40.

it is possible that the big O simply just paid them the ot after 40 because they wished to not because they had to
seems weird but it is certainly possible as they may consider the office girls less likely to cost them as much in ot as let's say a driver driver would as there are only a few of them compared to possibly many more drivers

 

[accelerator]

it is possible that the big O simply just paid them the ot after 40 because they wished to not because they had to
seems weird but it is certainly possible as they may consider the office girls less likely to cost them as much in ot as let's say a driver driver would as there are only a few of them compared to possibly many more drivers

Well I do know, that at one time, one of our old TM'S was asking three of the girl's we had working nites if they would punch out after thier 40 mark and continue working so he would'nt have to pay overtime, and they did ,for a short time before they quit.

 

[BIG STEVE]

Well I do know, that at one time, one of our old TM'S was asking three of the girl's we had working nites if they would punch out after thier 40 mark and continue working so he would'nt have to pay overtime, and they did ,for a short time before they quit.

like i said anything is possible
but i still believe the company's exemption from the fair labor standards act enables them not to pay:borg:

 

[BIG STEVE]

Well I do know, that at one time, one of our old TM'S was asking three of the girl's we had working nites if they would punch out after thier 40 mark and continue working so he would'nt have to pay overtime, and they did ,for a short time before they quit.

Where safety affecting employees have not made an actual interstate trip, they may still be subject to DOT's jurisdiction if:

1) the employer is shown to have an involvement in interstate commerce and;

this is a direct quote from the flsa
the girls do prepare trip sheets/load manifests and haz mat bills and i believe they do qualify as safety affecting employees and enables the employer to invoke :wacko: this exemption
seems a bit of a stretch but.....

 

[accelerator]

Where safety affecting employees have not made an actual interstate trip, they may still be subject to DOT's jurisdiction if:

1) the employer is shown to have an involvement in interstate commerce and;

this is a direct quote from the flsa
the girls do prepare trip sheets/load manifests and haz mat bills and i believe they do qualify as safety affecting employees and enables the employer to invoke this exemption
seems a bit of a stretch but.....

Section 13(b)(1) of the FLSA is an exemption from overtime. The provisions of Section 7 (overtime) do not apply with respect to any employee to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of Section 204 of The Motor Carrier Act of 1935.
Section 13(b)(1) of the FLSA provides an exemption from the overtime pay provisions, but not from the minimum wage (Section 6) requirements. This exemption has been interpreted as applying to any driver, driver's helper, loader or mechanic employed by a carrier and whose duties affect the safety of operation of motor vehicles in the transportation on public highways of passengers or property in interstate or foreign commerce.:horse:
.



:tongue0002: :tongue0002: I am sure someone in this country was doing this , or this:Banane01: to the driver's they employ when this law came out.

These are two quotes from the FLSA. Although these are the laws at hand, they can be superceded by state laws only to strengthen and not diminish. Office personell are Office personell and are in no way shape or form involved in duties, related to driving , or any driver involved. Cases as such have been tried up in the north for not only office poersonell but dock worker's as well, and the cases were won , mainly due to the differences in time. The reason for these laws to begin with is a driver can or could have pertaining to wether you work LTL OR TL,be out for hours sometimes week's on a trip, if a driver was paid for everything on a longhaul trip, interstate driver's would be millionaire's and interstate trucking as we know it would be bankrupt!!!!

Now we intrurn advertise our stupidity, and we are in awe, because there is a driver shortage , If law's that pertain to us was cunstructed in 1935 and never revamped, I can understand why there is a shortage.

People in the office, according to 13 - b-1 are in no shape way or form involved in the operational safety of the vehicle, paperwork is a requirement for every driver, but how it is prepared for transportation is imposed by , State and Federal guidelines of which a company has rules that must be followed in hindsight of these laws and regs. The people who prepare paperwork are no way involved in the decisionmaking in this case.

 

[BIG STEVE]

Section 13(b)(1) of the FLSA is an exemption from overtime. The provisions of Section 7 (overtime) do not apply with respect to any employee to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of Section 204 of The Motor Carrier Act of 1935.
Section 13(b)(1) of the FLSA provides an exemption from the overtime pay provisions, but not from the minimum wage (Section 6) requirements. This exemption has been interpreted as applying to any driver, driver's helper, loader or mechanic employed by a carrier and whose duties affect the safety of operation of motor vehicles in the transportation on public highways of passengers or property in interstate or foreign commerce
.



I am sure someone in this country was doing this , or this:Banane01: to the driver's they employ when this law came out.

These are two quotes from the FLSA. Although these are the laws at hand, they can be superceded by state laws only to strengthen and not diminish. Office personell are Office personell and are in no way shape or form involved in duties, related to driving , or any driver involved. Cases as such have been tried up in the north for not only office poersonell but dock worker's as well, and the cases were won , mainly due to the differences in time. The reason for these laws to begin with is a driver can or could have pertaining to wether you work LTL OR TL,be out for hours sometimes week's on a trip, if a driver was paid for everything on a longhaul trip, interstate driver's would be millionaire's and interstate trucking as we know it would be bankrupt!!!!

Now we intrurn advertise our stupidity, and we are in awe, because there is a driver shortage , If law's that pertain to us was cunstructed in 1935 and never revamped, I can understand why there is a shortage.

People in the office, according to 13 - b-1 are in no shape way or form involved in the operational safety of the vehicle, paperwork is a requirement for every driver, but how it is prepared for transportation is imposed by , State and Federal guidelines of which a company has rules that must be followed in hindsight of these laws and regs. The people who prepare paperwork are no way involved in the decisionmaking in this case.

but the fact still remains that dockmen throughout the country still do not get ot
same as the office girls
now my guess is that part of my quote that states the company is involved in interstate commerce is the key

now if what you state is true that cases concerning dockmen were won then why doesn't every dockman from here to timbuck too jump on the $$$$$$ bandwagon:thumbsup: :Banger-Cow:

 

[imported_roadrage]

Each state has the option to follow state law or federal.Example: Mississippi did not want to go thru all the state legislation and debating so therefore they adopted the federal provisions regarding labor law.
so if you want to now where your state stands on labor laws you need to know if they follow state or federal guidlines,you should be able to find the information on the federal labor law website.
Hope this helps.

 

[accelerator]

but the fact still remains that dockmen throughout the country still do not get ot
same as the office girls
now my guess is that part of my quote that states the company is involved in interstate commerce is the key

now if what you state is true that cases concerning dockmen were won then why doesn't every dockman from here to timbuck too jump on the $$$$$$ bandwagon:thumbsup: :Banger-Cow:

To be honest and this excuse is probably a lame one, but maybe lack of info, on the plaintiff's part.I could not tell you, The state of Conn, NH, Mass, Maine, and I think NY, have all adopted these laws, could it be state provoked, I am almost sure it was, but cannot be certain, I am quoting this from a combination of dock worker chatter followed by local new's rags . If not provoked the tiger sleep's.

 

[accelerator]

but the fact still remains that dockmen throughout the country still do not get ot
same as the office girls
now my guess is that part of my quote that states the company is involved in interstate commerce is the key

now if what you state is true that cases concerning dockmen were won then why doesn't every dockman from here to timbuck too jump on the $$$$$$ bandwagon:thumbsup: :Banger-Cow:

This point I will not argue, there is more than meet's the eye here. Could be rather strong lobbying on the behalf of the transportation giant's. They protect the old transportation law's with an iron fist.

 

[BIG STEVE]

Each state has the option to follow state law or federal.Example: Mississippi did not want to go thru all the state legislation and debating so therefore they adopted the federal provisions regarding labor law.
so if you want to now where your state stands on labor laws you need to know if they follow state or federal guidlines,you should be able to find the information on the federal labor law website.
Hope this helps.

ok if the if some of the states do mandate ot after 40 and preempt the FLSA then why not spread the word and stop these companies from breaking the law and get these guys paid
it seems to me if that was the case someone somewhere would have already done that
i think these guys are not entitled to ot under the law and that is the reason why they do not get paid ot:bye1: :horse: