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New overtime regulations due in December

Oct 28, 2016 at 02:47 PM CST
- 1
I know there is great concern over the up coming election but we still have a few things to put up with as far as the "parting gifts" that our beloved President is leaving us with. How is everyone trying to cope with the new overtime regulations that are headed out way as of Dec 1. Just curious, how are truck owners going to adjust to what could be a large pain in the butt in paying drivers. On my end, as a scumbag broker that everyone loves to hate on, it will make payroll incredibly interesting. As far as the truck owner like Art and several of you other guys out there, what is your plan of action as far as potential overtime pay goes for your drivers or will this affect you at all. 1099ing a driver can get the feds looking at you with potential fines in mind and dollar signs in their eyes.. I guess it boils down to....how do you plan to comply with this new law?

Replied on Fri, Oct 28, 2016 at 03:03 PM CST
have'nt heard about that , but yes it could make it interesting what would you do with a mileage drive , 40 cents up to 40 hours and then 60 cents there after , of comission driver 25% and then 37.5 ?
Replied on Fri, Oct 28, 2016 at 03:09 PM CST
Originally Posted by: KEVIN SINGLETARY
Quote: "have'nt heard about that , but yes it could make it interesting what would you do with a mileage drive , 40 cents up to 40 hours and then 60 cents there after , of comission driver 25% and then 37.5 ?"

When you combine this with the hours of service allowed and the 34 hour restart, this could get really complicated. I know there are some salary floors involved with this somewhere around 47-47,500 dollars per year that will be considered as far as overtime exemptions, but how do you figure a 40 hour work week for drivers that are out 10 days to 2 weeks and more. I don't think there is enough parking around to allow for all the trucks that will be sitting still for that amount of time. How bout it guys? Anyone got any ideas?

Replied on Fri, Oct 28, 2016 at 03:17 PM CST
well...i used to work in the oilfiled drilling oilwells and we worked 7 on and 7 off wednesday to wednesday.... some companies rant time from start to stop allowing us 40 straight and 44 over time , a couple of companies got smart in the ways to cut expenses and started cutting time in the middle of the hitch , thurs , fri. sat. cut time and the sun. mon. tues wed. which cut overtime to 8 hours , work three days get 36 , restart time and then 4 days 48 , so i guess require a once a week restart with a time cut in the middle should sufficiently keep drivers from making too much money , but then , theres the other rules that kick in about the if you are away from home on company biz in a company vehicle all time should be paid blah blah blah
Replied on Fri, Oct 28, 2016 at 03:41 PM CST
I also understand it being used against us single drivers as well, such as, after using up the 40hrs n our logs then we will be taxed higher n the other 30 hrs if worked in the same 7 days. My other question is how can they charge overtime on mileage paid employees? They have denied this for over 50 years ? If I am sitting on a pit on my 41 hour then when I charge demurrage does the customer get charged a greater fee or am I just out the overtime? If I am driving on my 41 hour does the rate increase o am I just shit out f luck ?
Replied on Sat, Oct 29, 2016 at 02:12 PM CST
+ 1
Just more bullshit to add to the regulation pile
Replied on Sat, Oct 29, 2016 at 11:38 PM CST
Just run fewer hours and charge more for those hours to make up the difference.
Replied on Sun, Oct 30, 2016 at 07:01 PM CST
+ 1
Duane, I have no idea on this one. I just hired a new accountant and thinking about looking again. I pay on a W2 and I have Work Comp for my guys. By the time I pay what guys think they need and then match the tax there is little for me. We just moved to a new shop location. The guy that owns the yard has 14-16 power units doing dry freight. He pays 1099 and Work Comp. I cant compete. On the other hand I just lost a truck and trailer in Texas. Cement truck turned left into my guy at 75mph. So far through the whole thing I am so thankful that I have the work comp in place the insurance carrier has been phenomenal with my driver. This is a long way from being over so I am waiting for some other bad shit to come my way from this even though we were not cited and the post crash inspection revealed no equipment faults on my side. Not able to talk anymore at this time about this other than my guy has his bills paid and I don't have doctors and such chasing me for payment.

The point though is the guy that is not paying taxes has a lot more money than I. I hate it but I don't turn people in EVER.

Art Pfluger