Tuesday, June 26, 2007

F.Y.I.

If you have a start time the day you report to work and you are sent home before punching in.You are entitled to half your shift.Example, a 4 hr shift 2 hours, a 8 hour shift 4 hours. Contact your commettee at your terminal or email any guestions to "changefedextowin@yahoo.com"

12 comments:

WHT DOCKWOCKER said...

I'AM FROM WHITTIER DOCK AND I HAVE BEEN SENT HOME WITHOUT ANY KIND OF PAY NUMEROUS TIME,THANK YOU FOR THE INFO,I WILL CONCTACT YOU GUYS AT YAHOO WEBSITE,HOPEFULLY YOU CAN HELP ME RESOLVE THIS ISSUE.I DO HAVE ALL MY PAY STUBS!

FEDEX COALITION FOR UNION (IBT NEWS) said...

Connecticut Rules FedEx Misclassified Home Delivery Driver as Contractor

Mislabeled ‘Contractor’ Is An Employee, Eligible For Unemployment Benefits

June 26, 2007

The Connecticut Department of Labor has ruled that a former FedEx Home Delivery driver was wrongly classified as a “contractor.” The state audit found the driver to be an employee, thus eligible for Connecticut unemployment insurance benefits.

The May 2007 ruling found the company failed the state’s ABC Test in reviewing the claim filed by Keith Ignasiak, a driver who operated multiple delivery routes between 2006 and 2007.

FedEx Corporation (NYSE: FDX) unit FedEx Ground and subsidiary FedEx Home Delivery maintains that its drivers are “independent contractors” and not company employees. FedEx Ground employs approximately 15,000 such drivers to provide delivery services. FedEx Ground is the subject of numerous lawsuits and state investigations into the misclassification of its drivers.

The Connecticut Department of Labor Employment Security Division audit concluded that although Ignasiak was a multiple route contractor, he was “not free to hire his own workers” and “could not assign his route to any other individual or relief driver at his discretion.” The audit concluded “the claimant did not render services in the capacity of an entrepreneur.”

The company was offered the opportunity to appeal the determination findings per state law but did not file an appeal in Ignasiak’s case.

This Connecticut ruling extends the application of employee status beyond earlier rulings covering only single service area drivers in that state. The audit noted, “due to the employer’s size and nature of the employer’s business, there are many other suspected misclassified single-vehicle contractors, multiple-vehicle contractors, temporary drivers, and temporary helpers…performing services for FedEx Ground.”

“The recent National Labor Relations Board Region 34 order that found the drivers at the Windsor, Connecticut Home Delivery terminal were, in fact, employees and not contractors was just the tip of the iceberg,” said Dave Lucas, Local 671 Secretary-Treasurer. “FedEx may use slippery language and call its drivers so-called ‘independent contractors,’ but the scam does not stand up to scrutiny here in Connecticut.”

FedEx Home Delivery drivers in Windsor, Connecticut, voted to join Local 671 in Hartford in an election held in May. The National Labor Relations Board (NLRB) next must certify the election. In Boston, the NLRB recently certified Local 25 as the collective bargaining representative for two FedEx Home Delivery terminals.

For more information, visit the International Brotherhood of Teamsters sites at www.Teamster.org and www.FedExWatch.com.

FEDEX COALITION (UNION POWER) said...

Let Everyone Work Four 10-Hour Days or, Better Yet, Whatever Schedule They Want.
Wage and hour laws place many restrictions on the number of hours an employee may work each day and week without overtime pay. Allowing everyone to work four 10-hour days (or any schedule they choose) without first getting sound legal advice could end up being extremely costly. Even an employee who agrees in writing to this type of schedule is generally entitled to file a claim against the employer and receive back overtime with interest.

California and federal laws require that non-exempt employees be paid time-and-a-half if they work more than eight hours in a workday or more than 40 hours in a workweek. Time-and-a-half also is required if an employee works seven consecutive days in a workweek, with double-time pay required after eight hours on the seventh consecutive day. (Of course, certain types of high-level employees are exempt from these wage and hour laws. See the California Labor Law Digest for more information about exempt and non-exempt status.)

There are two ways an employee can work more than eight hours in a day without overtime pay:

Make-up time. Make-up time allows an employee to request time off for a personal obligation and make up the time on another day without overtime pay. For each incident of make-up time:
the employee must submit a signed, written request;
the time must be made up within the same workweek;
the employee may work no more than 11 hours on another workday, and no more than 40 hours in a workweek, to make up the time off; and
the employer may not encourage or otherwise solicit an employee to request make-up time.
Employers are not obligated to offer employees the option to use make-up time.

Alternative workweek agreements. Alternative workweek agreements allow all employees in a work unit to put in more than eight hours in a day (but never more than 40 hours in a week) without overtime pay.
The typical alternative workweek schedule is a four-day workweek of 10 hours per day, known as a 4/10 schedule. Also common is a two-week schedule of nine-hour days, allowing every other Friday off, known as a 9/80 schedule.

Employers must follow certain steps to institute an alternative workweek agreement, including employee meetings, a secret ballot vote, a formal agreement and a filing with the state Labor Commissioner.

Failure to comply with all the complex regulations for creating and carrying out alternative workweek schedules can result in enormous obligations for back overtime and fines.

FEDEX COALITION (UNION POWER) said...

Get Rid of Anyone Who Files a Workers’ Compensation Claim but Wait Until They Come Back to Work So It Won’t Look Bad.
California’s Labor Code Section 132(a) prohibits an employer from terminating, threatening to terminate, or discriminating in any way against an employee because s/he has received a workers’ compensation award, or has filed or even intends to file a workers’ compensation claim.

Violation of this law increases the employee’s workers’ compensation benefits by one-half, up to $10,000, and requires payment of costs and expenses up to $250. The employee also becomes entitled to reinstatement and reimbursement for lost wages and benefits.

An employer is not shielded from a lawsuit simply because the employee has returned to work for a period of time after a workers’ compensation injury. Once the employee claims a termination (or other discrimination) was a result of filing a workers’ compensation claim, the burden falls on the employer to show there was a legitimate business necessity for its actions,Message for fontana svc.

FEDEX COALITION (UNION POWER) said...

To Increase Productivity, Let Employees Work through Lunch Breaks on Busy Days and Make Up the Missed Time Off on a Slower Day.
Non-exempt employees generally are entitled to a half-hour meal break for every work day of more than five hours. For each workday an employer doesn’t give an employee a required meal break, the employer owes the employee one additional hour of pay.

According to the state Labor Commissioner, to avoid this penalty the employer has an “affirmative obligation to ensure that workers are actually relieved of all duty, not performing any work, and free to leave the worksite.”

On-duty meal periods, where employees are paid for their normal meal period and allowed to eat on the job, generally are permitted only in extremely limited situations where the nature of the work truly prevents an employee from leaving. For example, the night clerk at a small motel may be the only employee on the premises at 3 a.m. when she would normally take a meal break, and so may be given an on-duty meal period.

Exempt employees are not subject to the meal break requirements and may work any number of hours without a meal break.for the dispatches at any service center for fedex frt who never takes a restbreak at all,means not eating while you dispatch, this is a california laws!!.Dispatch can also organize!

FEDEX GROUND DRIVER RIALTO said...

Avoid Employment Law and Tax Hassles by Making Everyone an Independent Contractor.
Many employers operate under the myth that a worker is an independent contractor if s/he:

wants to be treated as an independent contractor;
signs a written contract;
does assignments sporadically, inconsistently or on call;
is paid commission only;
has no supervision; or
does assignments for more than one company.
In fact, independent contractor status is determined primarily by the degree of control the worker has over the manner and means of performing the work. Some other important factors include:

Who supplied the instruments, tools and place of work. For example, a worker who inputs sales data into the hiring firm’s computer at the hiring firm’s office is probably an employee.
Whether the work performed is part of the regular business of the hiring firm. A worker hired to upgrade a computerized inventory control system at a heating and air conditioning company may be an independent contractor, while a worker hired to install air conditioners during the busy summer season is an employee.
Whether the person performing services is engaged in a distinct occupational business. A bookkeeper who works from her home office running payroll for a dozen local businesses is more likely to be an independent contractor than a college student who runs the payroll for a single business working two afternoons a week.
The consequences for misclassifying an employee as an independent contractor can be significant tax, wage and benefits liabilities, as well as massive fines that may be imposed by state and federal agencies.

Anonymous said...

I'VE BEEN DISPATCHING FOR 7 YEARS AND NEVER BEEN GIVING A THIRTY MINUTE BREAK,OR TIME AWAY FROM MY JOB TASKS,OR JUST ANYONE COVERING FOR ME SO THAT I CAN HAVE A LEISURE TIME AWAY FROM WORK,MY LUNCHES ARE EATING AND DISPATCHING AT THE SAME TIME,NO REST BREAK!.AND FOR SURE I NEVER HAVE SEEN ANY 1 HR PAY ADDED TO MY PAY CHECK,AND THERE IS NO DOCUMMENTATIONS ON FILE OR LOGGING THAT WE HAVE TAKING OUR LUNCHES.SO YOU ARE SAYING THIS IS A CALIFORNIA LAW?
MEANING I HAVE WORKED 240 DAYS PER YEAR AFTER VACATIONS AND HOLIDAYS AND WEEKENDS OFF,LETS PRO RATE MY SALARIE WHICH IS ABOUT 30$ PER HR TIMES 240 DAYS=7200$ AND THEN TIMES IT BY 7 YEARS=50,400$ BACK PAY.
WOW!! 50,400$ IS WHAT I'AM LOSING! THAT IS ALOT OF MONEY,SO WHAT CAN I DO TO RESOLVE THIS MATTER?
I KNOW ANOTHER DISPATCHER THAT BEEN DISPATCHING FOR OVER 20 YEARS AND HE ALSO NEVER TAKES A LUNCH.

FEDEX COALITION (UNION POWER) said...

Mr:Anonynous this applys to anybody that works in the state of california,this is the law, wheather you are an employer,employee must have a rest break.

LAW OFFICES OF

LEVY,STERN & FORD
CALL DAVID P.MYERS (213) 380 3140

JOE NUNO said...

I WANT TO THANK ALL THE BROTHERS AND SISTERS FROM UPS FOR PARTICIPATING ON THE ORGANIZING FOR POWER.
FIRST LET ME SAY THANK YOU FROM THE COMMITEE OF FEDEX FRT WEST,TO THE MEMBERS OF UPS FROM LOCAL 952 FOR YOUR HELP IN ORGANIZING IN ORANGE COUNTY,UPS MEMBERS OF LOCAL 63 INLAND EMPIRE,AND LOS ANGELES UPS OF LOCAL 396,GREAT JOB GUYS,AND MOST OF ALL OUR MEMBERS OF FEDEX FRT,FONTANA,ORANGE,WHITTIER,SAN FERNANDO,LOS ANGELES,PHOENIX,SACRAMENTO,SEATTLE,AND PORTLAND.
AND REMEMBER BROTHERS AND SISTERS OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS KEEP THE DIRTY SIDE DOWN,GOD BLESS AMERICA,AND DONT VOTE FOR JOHN MCCAIN!!

VOTE FOR JOHN EDWARDS!!!!!

JOHN EDWARDS SAYS TEAMSTERS ARE LEADING WORKERS.

Federal Express driver Chicago said...

That's right we don't need John Mccain running for president,it's time for democrats to run our country,and also we don't need fred Smith in the cabinet who would twist what's fair in our labor rights.
We need to vote for John Edwards who is for the working people,Teamsters,and all other unions,and those who want to form a union in their companys!

FEDEX COALITION (UNION POWER) said...

LETS DO A COMPARISON NON-UNION FRT CO TO A UNION FRT CO.

A UNION FRT CO EXAMPLE,
ROADWAY CONTRACT TILL AUGUST.
ROADWAY SERVICE INC PAYS P&D LOCAL,

$22.36 PER HR RATE!
$5.00 FOR EVERY HR
WORKED FOR
PENSION PAID
BY R.S.I!
$4.00 FOR EVERY HR
WORKED FOR MEDICAL
BENEFIT PAID BY
R.S.I !
TOTAL IS $31.36 PER HR ROADWAY DRIVER MAKES AN HR NOTHING COME OUT OF THEIR POCKETS,FOR PENSIONS,OR MEDICAL BENEFITS,IN OTHER WORDS $22.36 AN HR TIMES 40HRS GOES HOME AFTER TAXES,AND DON'T FORGET $200.00 PER WEEK WENT TO THE TEAMSTERS FOR PENSION PAID BY R.S.I,PLUS $160.00 PER WEEK FOR MEDICAL BENEFITS PAID BY R.S.I

NOW LETS LOOK AT ANOTHER EXAMPLE NON-UNION FRT CO,LIKE FEDEX P&D LOCAL PAYS,

$22.40 AN HR RATE
.51 FOR EVERY
HR WORKED FOR
PENSION PAID
PAID BY FEDEX!
$75.00 FOR 401K PAID
BY EMPLOYEE
PER WEEK!
$37.50 FOR 401K MATCH
PAID BY FEDEX!
.83 PRO-RATE PER
HR PAID BY FEDEX
401K MATCH!
$25.00 FOR MEDICAL BENEFIT
PAID BY EMPLOYEE PER
WEEK!
$100.00 FOR MEDICAL BENEFIT
PAID BY FEDEX PRO
RATE PER HR $2.00

$55.00 FOR VPEP PER WEEK
AVERAGE PRO-RATE
PER HR IS
$1.12 PRO-RATE VPEP

TOTAL EARNINGS FOR FEDEX DRIVERS IS $26.86 PER HR,MINUS $2.60 FOR HIS OWN CONTRIBUTION OF HIS 401K AND HIS CO-PAYMENT FOR MEDICAL BENEFITS.
DON'T FORGET COMPANY PENSION PER WEEK $20.40 PLUS $37.50 401K MATCH PER WEEK=$57.90 PLUS $100.00 MEDICAL BENEFIT PAID BY FEDEX PER WEEK=$157.90 TOTAL PACKAGE,AND THE 401K IS BASE ON 6%

THE TEAMSTER MASTER FREIGHT AGREEMENT CONTRACT WILL INCREASE UP IN WAGES,PENSION,AND MEDICAL BENEFITS.

FEDEX COALITION (UNION POWER) said...

LETS DO ANOTHER COMPARISON

EXAMPLE YELLOW DOCKWORKER
PARTIMER.
MAKES $20.15 AN HR
PLUS $5.00 FOR PENSION FOR
EVERY HR WORKED,PAID BY Y.F.
PLUS $4.00 FOR MEDICAL
BENEFITS FOR EVERY HR WORKED,
PAID BY Y.F.
AND THIS IS ON A AVERAGE 80
HRS PER MONTH.

PARTIMER MAKES $29.15 AND
DON'T FORGET $400.00 GOES
TO THE PENSION FUNDS,PAID BY
Y.F.
AND $320.00 GOES FOR MEDICAL
BENEFITS,PAID BY Y.F, NOTHING
OUT OF DOCKWORKERS POCKET.
$20.15 x 80 PER MONTH AND
AFTER TAXES GOES HOME.

ANOTHER EXAMPLE FEDEX FRT
PARTIME DOCKWORKER.
MAKES $18.00 AN HR,PLUS $0
FOR PENSION,PLUS $0 FOR
MEDICAL BENEFITS

PARTIMER MAKES $18.00 AND
NO PENSION FUNDS AND NO
MEDICAL BENEFITS,AND THIS
ALSO IS AN AVERAGE 80HR PER
MONTH,AND IF THEY WANT TO
CONTRIBUTE TO 401K FROM
80 X $18.00=$1440 BEFORE
TAX OF SAY 6%=$84 FOR 401K
NOW YOU HAVE $1360.00 THAT
IS NOT TAX YET.

ORGANIZE AND BE WISE!!!!!