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Estes | Estes overtime after 8 hours

big steve said:
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:
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The problem is not the state in this respect,, Our own gov. put these law's put into place pertaining to the federal transportation , these laws have been around scince 1938 I think?. These law's should infact be revamped , but unless an entity starts the ball rolling nothing will get done..... and companies have the leverage on thier side when it comes to litigation.
 
it would be nice but what do you think they care about more thier pay and retirement or ours so utill they cant make any more for themselvs which happened not to long ago so what did they do they voted in good retirement packages for their wifes
 
there"s a few other companys besides old d. that dont pay overtime after 40 ... i beleive r&l doesnt either,or central transportation. we pay after 60 hrs at OD so i got 4 hrs overtime this week whoopdeedooo...still love the company though, and thats half the battle i guess
 
in the east big e is now paying ot after 50 or 55...i dont remember didnt pay that close attention to it because i am a hub driver now
 
Overnite/UPS Freight paid straight time,no overtime up till a few years ago.
Than they paid after 45,for one year the next year they dropped an hour per week making it after 44,than the next two years its been after 43.
Starting the first of 2007 its after 42.
Two more years it will be after 40.
But according to the Federal government labor laws there are three areas exempt from overtime after any given hour per week.
Farm workers, Restarunts,and transportation.
There isn't any trucking company in the United states thats required to pay any overtime,to their drivers.
 
My understanding is no trucking company has to pay anything on OT until 60. It is a benifit from the company for anything less..Union Carriers get only because it has been agreed between Union and Company. Trucking comes under a different law than regular companies and factory workers..you can go on line and look it up under DOT. rules and Labor Board rules. So I would say anything under 60 for anybody in trucking is a benifit...don't knock it...they don't have to do it..
 
FLSA of 1938

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shifter said:
My understanding is no trucking company has to pay anything on OT until 60. It is a benifit from the company for anything less..Union Carriers get only because it has been agreed between Union and Company. Trucking comes under a different law than regular companies and factory workers..you can go on line and look it up under DOT. rules and Labor Board rules. So I would say anything under 60 for anybody in trucking is a benifit...don't knock it...they don't have to do it..
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You must mean the Fair Labor Standards Act of 1938.Don't know who the fool was that put the word fair in it.........Yep,that's another benefit of the trucking business,seems like we're getting benefited pretty good,all the way past the used part.
 
Not Important

big steve said:
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
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Here is what I know on the topic: There is a Federal Motor Carriers Exemption that relates to any position that has a direct impact on the safety of the tractor or trailer or their contents. This includes drivers, loaders and mechanics. Clericals are not covered under this excemption. That doesn't mean that a company can't choose to pay OT, they are just not required to do so by any law. Washington and California may have different laws but all over states that I deal with follow the above law.
 
I dont know why they even bother...it is actually quite amusing seeing that most guys dont even get near 50 hrs. It just seems kinda redundant to me.
 
austin622 said:
I dont know why they even bother...it is actually quite amusing seeing that most guys dont even get near 50 hrs. It just seems kinda redundant to me.
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Austin, the drivers at Roadway KC get there 60hr a week if they want & if they work on there 7th day it's DUBBLE TIME. $43.42 per hr.
 
shifter said:
My understanding is no trucking company has to pay anything on OT until 60. It is a benifit from the company for anything less..Union Carriers get only because it has been agreed between Union and Company. Trucking comes under a different law than regular companies and factory workers..you can go on line and look it up under DOT. rules and Labor Board rules. So I would say anything under 60 for anybody in trucking is a benifit...don't knock it...they don't have to do it..
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A benefit well it wasn't just to many years back I remember a company would pay overtime cuz it was the right thing to do. So your thoughts are why things have changed. Abuse is what this law allows
 
SlowRide said:
A benefit well it wasn't just to many years back I remember a company would pay overtime cuz it was the right thing to do. So your thoughts are why things have changed. Abuse is what this law allows
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Sorry SlowRide, I just face the real facts, and I don't know of any company in my 32 years of trucking that paid anything cause it was the right thing to do, they did it to prevent certain actions from employee's that would cost the company's more in the long run, however a federal ruling in 1939 for the ICC has prevented trucking company's and other forms of labor not to have to pay any overtime until after 60 hrs...Most company's that do has a agreement with the union or their employee's in company policy. When we work for the company's that don't pay it, we know it up front...Now according to the bible which I beleivev, if you agree to the terms of labor between you and employer, (when hired) then you the person are wrong for critizing the company for not doing so. I suggest you get a sign petition and send it to your employer as a suggestion in the next benifit raise, and whatever you do...don't demand anything..nor threat any actions.....just suggest , but more than likely just like me and the rest of us...we are probably going to see it continue...I don't see it as abuse...but company's have this law as their benifit and that's about it...:smilie_132:
 
Thought the ICC laws were no more. Have a current labor law claim going against a Logistics company for little over 8K for all the time i did for free before and after my trip. Pre and post trip inspect., paperwork, securing the load, etc. Live in California. Should have hearing later on this month. Lot of guys at the company watching what happens.
 
D.O.T. says...

Sorry Spooner,
But D.O.T. says its your duty to pre-trip and secure your loads, and paper work and logs, fill out your Vehicle Condition Report, and post-trip. It can be consider payment included on what your pay scale is, although most company pay 15 minutes to 30 minutes for this duty or it's included per say with your hook and drop pay. Sorry, but I feel no court would fine your suit in favor to you..Good Luck...:smilie_132:
 
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