gardennut
10-06-2006, 12:19 PM
My husband was offered a job at a trucking company. They are quite large and multi state. He would be in management buy hourly not salaried.
He was told they don't pay overtime until after 60 hours. Is this legal.
What cracks me up is they tell him taxwise it's better because you'll still make the same. I work for a payroll company and am well aware that it is not the same. You are taxed on your gross earnings and not taxed higher becasue of overtime, you simply pay more in taxes when you make more.
Your help will help him decide what to do.
Thanks,
No OT in Ohio
ElleMD
10-06-2006, 12:27 PM
What exactly would his duties be? It might make a difference.
gardennut
10-06-2006, 12:30 PM
He would be in charge of maintenance of the equipment in 1 location.
ElleMD
10-06-2006, 12:35 PM
OK, you are still going to need to be more specific. What equipment? Is he actually working as a mechanic or just supervising a department overall? If you read here, it will explain why this matters www.dol.gov/esa/regs/compliance/whd/whdfs19.htm
gardennut
10-06-2006, 12:42 PM
He would be in charge of the trucks and trailers and tippers at the landfill. He would be doing some mechanical work but mostly managing that the work gets done.
I tried reading the link you sent but it is very confusing.
Pattymd
10-07-2006, 09:04 AM
If he's paid hourly, with the type of work he's doing, he's nonexempt, even though his duties may have qualified him to be treated as exempt. Is he going to be actually driving? Interstate?
gardennut
10-07-2006, 09:11 AM
He won't be driving, only managing the shop and do a little mechanical work.
What does the exempt, Non-exempt mean?
Pattymd
10-07-2006, 09:17 AM
"Exempt" means that the employee is exempt from the overtime provisions of the Fair Labor Standards Act. Such employees, generally speaking, must be paid a guaranteed salary of at least $455 per week.
Employees are deemed "nonexempt" (must be paid overtime) unless they meet the criteria to be exempt. That's the link ElleMD gave you.
It's very likely, since he will be managing a distinct division/department/operation of the employer, that he would qualify as exempt either under the Executive classification (if he supervises 2 or more employees) or the Administrative exemption. If so, they don't have to pay him anything over and above his weekly salary ever.
