The Biden administration on Tuesday announced a new rule that would make millions of white-collar workers newly eligible for overtime pay.
Starting July 1, the rule would increase the threshold at which executive, administrative and professional employees are exempt from overtime pay to $43,888 from the current $35,568. That change would make an additional 1 million workers eligible to receive time-and-a-half wages for each hour they put in beyond a 40-hour week.
On January 1, the threshold would rise further to $58,656, covering another 3 million workers.
“This rule will restore the promise to workers that if you work more than 40 hours in a week, you should be paid for that time,” Acting Labor Secretary Julie Su said in a statement. “So often, lower-paid salaried workers are doing the same job as their hourly counterparts but are spending more time away from their families for no additional pay. This is unacceptable.”
I’m hourly, work 60 hours per week and get zero overtime.
This is entirely legal because I’m a truck driver.
Actually, I really am an office worker in a trucking company. But I occasionally, like once a month or less, run a short load if they really need me to. That makes me still exempt and is still legal for them to do.
Among other things I also get no sick leave
I’ve been dispatching trucks for a long time and am looking for a new gig. One of my leads required a CDL and now I know the real reason why, if you need dispatchers to drive then you need better dispatchers…or it’s a tax dodge.
Well they do have dispatchers/supervisors who are salaried, technically my position is “hourly trainer” for new drivers to this location but in reality I help dispatch.
Actually I make more than the salaried supervisors but I work 5 days/12 hours and they work alternating 3/4 days/12 hours so it comes to about the same per hour.
But I occasionally, like once a month or less, run a short load if they really need me to. That makes me still exempt and is still legal for them to do.
That could be illegal, depending on what state you’re in. I don’t think it’s right that laws about this can vary so much from state to state, but the difference can be night and day.
Even if you’re in a state that’s better about protecting workers, you have to be ready to put up a fight. It can take years, and it’s not uncommon for a company to keep doing the same thing after the case is over.
Nope, the Department of Labor (federal) lays it out pretty clearly.
The employee’s duties must include the performance, either regularly or from time to time, of safety-affecting activities on a motor vehicle used in transportation on public highways in interstate or foreign commerce. Employees must perform such duties as a driver, driver’s helper, loader, or mechanic. Employees performing such duties meet the duties requirement of the exemption regardless of the proportion of “safety affecting activities” performed
Emphasis on “regardless of the proportion of “safety affecting activities” performed”
https://www.dol.gov/agencies/whd/fact-sheets/19-flsa-motor-carrier
Unfortunately I live in a VERY “pRo BuSiNeSs” state so they don’t have additional requirements for overtime just the federal ones.
The sick leave is insidious because sick employees come in vs wasting coveted PTO. It’s a self-fulfilling problem as more and more workers fall ill.
