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XPO | Tier 1 and tier 2 dockworkers

monkeywrench

monkeywrench

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Just found out today that 2 tier(recently hired) dock workers don't get paid time and a half overtime till they work over 10 hrs in a day or over 50 hrs. A week.
 
Dockworkers (Loaders) are indeed part of the exemption....


Fact Sheet #19: The Motor Carrier Exemption under the Fair Labor Standards Act (FLSA)
Section 13(b)(1) of the FLSA provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to Section 204 of the Motor Carrier Act of 1935, except those employees covered by the small vehicle exception described below.

Thus, the 13(b)(1) overtime exemption applies to employees who are:

  1. Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section 13102 (see Employer below);
  2. Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce (see Employee Duties below); and
 
icuicp said:
It may be legal , but you get what you pay for , and this means XPO Logistics won't pay for much.

Not much experience.
Not much accountability.
Not much sense-of-urgency.
Not much commitment to safety.

Oh well. Save a few dollars now and spend it later on OS&D.
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More time on dock for drivers!(show me the money)
 
ROUGHBOY said:
More time on dock for drivers!(show me the money)
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Less time on the dock for drivers. If a driver is on overtime, he cant kick out a dock worker with over 8 hours, he has to wait till the dock workers has over 10 hrs., till the dock worker is on overtime.
 
chetly said:
Dockworkers (Loaders) are indeed part of the exemption....


Fact Sheet #19: The Motor Carrier Exemption under the Fair Labor Standards Act (FLSA)
Section 13(b)(1) of the FLSA provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to Section 204 of the Motor Carrier Act of 1935, except those employees covered by the small vehicle exception described below.

Thus, the 13(b)(1) overtime exemption applies to employees who are:

  1. Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section 13102 (see Employer below);
  2. Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce (see Employee Duties below); and
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Being the kind of guy I am if I was one of them I'd push this and see if it passed the scrutiny of the law.
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.
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Skeeter said:
Don't say anything work a couple of years or so in California and file a class action law suite. Your pockets will have some extra cash in them.
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In PA all you have to do is lie in wait then call the Dept of Labor and Industry, no need to spend your own money on a law suit.
 
This isn't an XPO thing. It has been going on for a while. 2 of our newer (within the last year) dock workers are subject to the new OT policy. We have 2 other dock workers that have been at my barn for several years and still get OT after 8..I was told they were "grandfathered in".
 
Sounds like the company is asking for more organizing with policies like that. Divide employees and let the union drive a wedge in there. Its illegal in California. OT after 40 or 8 for all.
 
DSR86 said:
This isn't an XPO thing. It has been going on for a while. 2 of our newer (within the last year) dock workers are subject to the new OT policy. We have 2 other dock workers that have been at my barn for several years and still get OT after 8..I was told they were "grandfathered in".
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That's because Consolidate Freightways (the parent company ) at that time was a union carrier and they got O/T after 8 . They gave O/T after 8 to the new 4 Conway companies at that time because of C F . Now days the gloves are off anything goes . You'll probably never see overtime because all on the nonunion companies that compete with Conway do not pay O/T period . Conway management will tell you guys they have to compete with the rest of the non's . Here's another thing XPO can do , have everyone fill out new applications and they can rehire who they like . I have seen it happen they can start you as all new men .
 
Pup Driver said:
That's because Consolidate Freightways (the parent company ) at that time was a union carrier and they got O/T after 8 . They gave O/T after 8 to the new 4 Conway companies at that time because of C F . Now days the gloves are off anything goes . You'll probably never see overtime because all on the nonunion companies that compete with Conway do not pay O/T period . Conway management will tell you guys they have to compete with the rest of the non's . Here's another thing XPO can do , have everyone fill out new applications and they can rehire who they like . I have seen it happen they can start you as all new men .
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If I am to fill out an application, it will be elsewhere. If it's going to be like that right off the start. The there is no point in sticking around and suffering.
 
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