varaiable rate ot New Hampshire

[cobes8445]

I am currently on a base and commision pay scale. My company has told me that If I am DOT regulated (driving a truck over 10,000 lbs) that they would continue to pay VROT and not any other type of OT. I was under the impression that all VROT was going to be eliminated in January. They are going as far as replacing all vehicles in the fleet that are under 10,000 lbs so they do not have to comply with the upcoming law. Could someone shed a little light on this issue.

Tom

[DAW]

This is not my area of expertise, but the only change in this area I have heard of is moving in the opposite direction as what you describe. Do you have the name of the law you are talking about?

http://www.thompson.com/public/headlines.jsp?id=52

[cobes8445]

No I do not. I was told by our company that there was some clause in regards to if you are DOT regulated VROT still applies. I have heard VROT will be eliminted period. I did not know there were certain conditions. What did you mean by moving in the opposite direction?
Thanks Tom

[DAW]

I cited an article. Have you read it yet? If you read the article, then you will know most of what I know I on this subject. The rest of what I know can be found at the DOL website.
http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf

Per the article (and many others that I did not cite), DOT traditionally had a rule that exempt certain employees from the FLSA overtime rules. A few years ago DOT apparently accidentally took an action which if uncorrected would cause certain employees who today are not eligible for overtime to start becoming eligible for overtime. That action is moving in the opposite direction as what you mentioned.

I also said that this is not my area of expertise. The only reason I know about it at all is that this particular issue cited in the article gets mentioned in context of FLSA (which I do know something about). My interest in anything DOT exists only as far as it impacts FLSA.

[ArmyRetCW3]

This is the official fact sheet of the US Labor Dept which is almost the same as the post above from DAW...

http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf

Keep in mind that VROt would only be applicable if you are paid in other than hourly rate, say by the mile or by the load. Nothing in the law indicates that VROt is applicable here or there. The VROt when use it has nothing to do with DOT/truck driving...It applies to everyone when paid at other than hourly rate or hourly rate plus extra pay...

[cobes8445]

They are eliminating the vrot pay in your in response to your post. Is there a lupoll existing not to pay regular OT with the new law by being dot certified.? I guess the question is, is vrot completely eliminated or by law, other circumstances allowing companies to continue to pay vrot. Will vrot exist in any capacity after January one..........?

Tom