FLSA lawsuit

Discussion in 'Old Dominion Freight Line' started by JIM BOB, Feb 17, 2018.

  1. leftie

    leftie Member

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    That’s a good point. Some can’t even keep up as it is we get so busy at times
     
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  2. Songremainsthesame

    Songremainsthesame Well-Known Member

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    I lose track of the number of switcher trucks I see moving around on a given night in ATL.
     
  3. kenneth

    kenneth Well-Known Member

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    This will definitely be interesting on outcome.So my ? is how is the company getting by without paying Overtime to Switchers that don't have a CDL.They do come off the dock to switch.But,when they switch full time and that is there position and they do bid for those schedules.I do have my opinion and I will keep my mouth shut.But,this lawsuit could get very interesting for sure.What do you all think??
     
  4. trailnutz

    trailnutz Active Member

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    The deciding factor in my opinion is whether or not he worked the dock at all. The law I posted above states "either regularly or from time to time."
    Overtime is becoming a hot topic among drivers too. Many are becoming irritated that the other companies are catching up in pay and getting overtime. The law is outdated and it's important to realize part of the reason it was never changed was because ltl drivers didn't need normal government protections as the industry was dominated by unions. We used to get paid enough in straight time to compensate for the difference. That gap seems to be closing quickly. OD is getting away with it by taking advantage of a loophole that dates back to 1935. Think about that.
     
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  5. kenneth

    kenneth Well-Known Member

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    I hear that we are loosing a lot of Indy Driver's because of this and going to UPS.All I hear is we are going to hire more driver's,dock worker's.You just can't keep on hiring.Where are we going to put all these worker's.Crazy,Crazy
     
  6. Trucker 206

    Trucker 206 Well-Known Member

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    You’re exactly right, trail. That’s exactly what OD is doing...exploiting that law to its own benefit. During the pre-deregulation days, Unions made sure their members got paid OT after 8 and after 40. That language still exists in our contract at ABF Freight.

    I need the help of an Old Dominion ‘historian’ here...how big was OD before deregulation? Were they unionized before deregulation?
     
  7. White

    White Well-Known Member

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    Agree on drop & hoop. Where I'm at, we get paid a certain amount of time for drops, hooks, etc. resulting in an increase every year with our hourly raise. Not paid for first hook & last split or fueling, however.
     
  8. joes bar and grill

    joes bar and grill Well-Known Member

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    Until the deplete the applications on hand and have no others it won't change.
     
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  9. trailnutz

    trailnutz Active Member

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    OD was never union as far as I know. I hate to say it but this makes a case as to why they were needed.
     
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  10. kenneth

    kenneth Well-Known Member

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    They had several term's unionize and they shut those doors and moved.They owned it and so they shut them up to.
     
  11. cindig

    cindig Member

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    I work for the Big E and we had a jockey sue and win last year. He never worked the dock and clocked in under "yard jockey" on the time clock. Apparently there was another lawsuit somewhere else and they came and told our jockeys no more over 40 hours. If they wanted extra hours they had to clock in as dock worker and could work up to 55hours total, before OT kicks in. The inbound guy never worked the dock and was getting close to retiring, so he got a lawyer and won his case for backpay. He had to sign a nondisclosure agreement and leave the company.
     
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  12. Trucker 206

    Trucker 206 Well-Known Member

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    You see, fellas...it can be done.
     
  13. joes bar and grill

    joes bar and grill Well-Known Member

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    should
     
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  14. joes bar and grill

    joes bar and grill Well-Known Member

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    It's like Ump said, an old archaic law that, that allows employers to steal money from employees legally and OD has chosen to use it.
     
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  15. Trucker 206

    Trucker 206 Well-Known Member

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    How long ago was that?
     
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  16. kenneth

    kenneth Well-Known Member

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    Way Way back.Not sure when.Talk to someone who was in Sales lost his job up in the Northeast.Believe Norfolk had a issue back in the day.
     
  17. kenneth

    kenneth Well-Known Member

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    Let me correct my post.It was tried at several Term's.But,never succeeded .I know that they closed one Terminal in Providence I believe it was.
     
  18. Trucker 206

    Trucker 206 Well-Known Member

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    Okay, thanks. Was just curious.
     
  19. xeastend

    xeastend Well-Known Member

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    This may be splitting hairs, but isn't a jockey helping with the loading and unloading? After all, it is his job to place the trailers to be worked. So in a sense, he is participating in the handling of freight. Also, the OOS units. How do they get to the shop for "safety" repairs? Ok. I am happy. Stirred the pot. BTW We all should get O/T. Truckers and lettuce pickers are exempt
     

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