ODFL | FLSA lawsuit

The big yards can’t afford to get rid of the switchers. Trailers don’t always get immediately worked on arrival or dispatched once they’re loaded. Empty trailers needing to doors, more city vans coming in from the street than there are doors, it would be a zoo, more so than now. Smaller yards often make their switcher work the dock too. This would be a big step toward overtime for all hourly employees, and it needs to happen.
That’s a good point. Some can’t even keep up as it is we get so busy at times
 
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??
 
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??
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 The law is outdated and it's important to realize part of the reason it was never changed was because ltl drivers didn't need normal government protections as the industry was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.
 
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 The law is outdated and it's important to realize part of the reason it was never changed was because ltl drivers didn't need normal government protections as the industry was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.
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
 
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.
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?
 
OD is a great company to work for don’t get me wrong, but some pay issues should be looked at, linehaul drop and hook and fuel pay has been the same for over 15 years, a lot of companies such as Dayton and Fedex freight pay 15 minutes to fuel, OD pays a 1.50.. drop and hook is bad and gets worse depending on how many trailers you hook or drop, it all adds up and OD should it least take a look at these issues.
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.
 
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
Until the deplete the applications on hand and have no others it won't change.
 
You’re exactly right, trail. That’s exactly what OD
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?
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.
 
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.
 
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.
You see, fellas...it can be done.
 
They had several term's unionize and they shut those doors and moved.They owned it and so they shut them up to.
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.
 
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
 
I am an attorney that specializes in overtime claims under the FLSA. I was recently contacted by an Old Dominion Freight Line switcher who has a case for unpaid overtime. I would be happy to speak with you or any other witnesses who may have seen unfair pay practices such as not paying overtime, which may be relevant to our case. I can be reached at (678) 330-2909, and my website is overtimeclaimslawyer.com.

Brandon Thomas

You must be the same class as an ambulance chaser, only low class would be on here trying to drum up business.
 
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