XPO | Tier 1 and tier 2 dockworkers

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 .
I can very well see that happening, pup. I'm surprised that subject hasn't been talked about on here.
 
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.
What geographical area are you in? In The South the dock guys have always been treated the same as drivers. No ot til 50. Same for mechanics.
 
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" .
Yes, this was started at least 4 months ago. Boy they've kept it real quiet. It took a supervisor slipping up and telling me
 
Sounds like a complaint needs to be filed with the DOL.
Also the evidence of overtime not being paid (pay check doc and time cards and classification) of said workers not being paid needs to be filed with the dept.of Labor.
XPO is union overseas.So they figure they can do what they want with the labor here in the US.welcome to America XPO
 
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".
really so where is my grandfarthering on pension,full time work,matching 401k?
 
Dockworkers (Loaders) are indeed part of the exemption....
Fact Sheet #19: The Motor Carrier Exemption under the Fair Labor Standards Act (FLSA)

Right. So this is perfectly legal, common industry practice, and XPO is in compliance with the law, which is not surprising since they have internal attorneys and HR professionals who study these things.

Oh, and it's been the law since 1935.

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.

Um, it is the law.

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.

And I bet you they will email you this link: http://www.dol.gov/whd/regs/compliance/whdfs19.htm

Yes, this was started at least 4 months ago. Boy they've kept it real quiet. It took a supervisor slipping up and telling me

How did they keep it "real quiet" from the dockworkers? I bet the dockworkers have known about this since the day they were hired, and certainly since they've been getting paychecks. Why the conspiratorial thinking? They probably didn't make a big announcement...because no one other than dockworkers cares.

Its illegal in California. OT after 40 or 8 for all.

Proof? Because as I read things, it's actually the reverse - in California, more types of jobs are covered by the FMCA exemption: http://www.avvo.com/legal-guides/ug...and-to-whom-does-it-apply---by--lori-costanzo
 
And I bet you they will email you this link: http://www.dol.gov/whd/regs/compliance/whdfs19.htm
And I bet you that I would argue this specific point before whoever the hearing judge or panel shall be.
  • Safety affecting employees who have not made an actual interstate trip may still meet the duties requirement of the exemption if:
a) The employer is shown to have an involvement in interstate commerce; and

b) The employee could, in the regular course of employment, reasonably have been expected to make an interstate journey or could have worked on the motor vehicle in such a way as to be safety-affecting.
How many of your dockworkers are making an interstate journey? Or could have worked on the vehicle?
 
Intrastate commerce is exempt from o.t. Learn your rules. Southern gets o.t. After 50. Deal with it
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.
 
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.

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).
 
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