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No tax on overtime
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<blockquote data-quote="govols019" data-source="post: 6158142" data-attributes="member: 8070"><p>Truck drivers are exempt from the FLSA..meaning we are not required to be paid overtime. Our overtime is guaranteed by the contract..not federal law.</p><p></p><p>[URL unfurl="true"]https://www.dol.gov/agencies/whd/fact-sheets/19-flsa-motor-carrier[/URL]</p><p></p><p>For some light reading: </p><p></p><p>[URL unfurl="true"]https://www.casemine.com/judgement/us/591483faadd7b049344b0041[/URL]</p><p></p><p></p><p></p><p>This document summarizes the court case of <em>SMITH v. UNITED PARCEL SERVICE, INC.</em>, heard in the United States District Court, S.D. West Virginia, Charleston Division, on July 5, 1995.</p><p></p><p><strong>Case Overview:</strong> Employees of United Parcel Service (UPS) filed a lawsuit claiming they were denied overtime wages for working over forty hours per week, in violation of both the Fair Labor Standards Act (FLSA) and the West Virginia Minimum Wage and Maximum Hours Standards Act for Employees.</p><p></p><p><strong>UPS's Argument:</strong> UPS sought partial dismissal or summary judgment, arguing that certain employees, specifically package drivers, feeder drivers, and mechanics, are exempt from federal and state overtime protections. This argument was based on statutes like 29 U.S.C. § 213(b)(1), which provides an exemption for employees whose qualifications and maximum hours of service are subject to the power of the Secretary of Transportation under 49 U.S.C. § 31502(b)(1). The court noted that the <em>existence</em> of this power, rather than its <em>exercise</em>, determines the exemption. The West Virginia statute has a similar exemption.</p><p></p><p><strong>Court Decision:</strong> The court granted UPS's motion for partial summary judgment. It ruled that package drivers, feeder drivers, and mechanics are indeed exempt from the overtime protection provisions of both the FLSA and the West Virginia Minimum Wage and Maximum Hours Standards for Employees Act.</p></blockquote><p></p>
[QUOTE="govols019, post: 6158142, member: 8070"] Truck drivers are exempt from the FLSA..meaning we are not required to be paid overtime. Our overtime is guaranteed by the contract..not federal law. [URL unfurl="true"]https://www.dol.gov/agencies/whd/fact-sheets/19-flsa-motor-carrier[/URL] For some light reading: [URL unfurl="true"]https://www.casemine.com/judgement/us/591483faadd7b049344b0041[/URL] This document summarizes the court case of [I]SMITH v. UNITED PARCEL SERVICE, INC.[/I], heard in the United States District Court, S.D. West Virginia, Charleston Division, on July 5, 1995. [B]Case Overview:[/B] Employees of United Parcel Service (UPS) filed a lawsuit claiming they were denied overtime wages for working over forty hours per week, in violation of both the Fair Labor Standards Act (FLSA) and the West Virginia Minimum Wage and Maximum Hours Standards Act for Employees. [B]UPS's Argument:[/B] UPS sought partial dismissal or summary judgment, arguing that certain employees, specifically package drivers, feeder drivers, and mechanics, are exempt from federal and state overtime protections. This argument was based on statutes like 29 U.S.C. § 213(b)(1), which provides an exemption for employees whose qualifications and maximum hours of service are subject to the power of the Secretary of Transportation under 49 U.S.C. § 31502(b)(1). The court noted that the [I]existence[/I] of this power, rather than its [I]exercise[/I], determines the exemption. The West Virginia statute has a similar exemption. [B]Court Decision:[/B] The court granted UPS's motion for partial summary judgment. It ruled that package drivers, feeder drivers, and mechanics are indeed exempt from the overtime protection provisions of both the FLSA and the West Virginia Minimum Wage and Maximum Hours Standards for Employees Act. [/QUOTE]
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