Car Toppers

When you said “as usual you ignore all the questions you can’t answer” I thought you were referring to the questions that Rick G asked about what ever laws I might have ever broken that I didn’t answer.

Pretty much where he says “I have fired all my drivers” (and hired) “family so are not subject to many taxes and wage regulations.”

‘pretty much’ now come on, you are REALLY twisting what he said now or Can I cut a few words from one of your sentences and then join it to another sentence with a few of my own words - is that how we play this game now - please tell me it is as it will be much more fun!

what reason did he give for firing his drivers?? it certainly wasn’t to avoid paying MW was it!

Have another try. I’ll even cut the quote for you and highlight the bit he said:

Just to make things clear for you gregster I will tell you what taxes and wage regulations that I am refering to here.
Payroll taxes are not just deducted from an employees check. The employer is also required to pay additional amounts to the government. Employment insurance is a good example of this. In the governmental area that I do my business in the employee must contribute a percentage of the wage to this insurance plan. The employer is required to pay 1.5 times what the employee pays.

By hiring a family member these payments are not required. This is due to the fact that family members are not at arms lenght from the business an are not able to collect employement insurance (including parental leave).

By misunderstanding my post you have made a big a$$umption much the same as what you do when you quote the laws and regulations. If my memory is correct there was a post that you never answered the difference between the words may and must. Your angle was must when the passage you quoted actually said may.

If you are going to quote me make sure you are quoting in context.

Just to make things clear here is gregsters response to the may/must question.

BTW nice side step gregster. :lol:

Just as everyone is sidestepping the question I asked. :roll:

If you’d like I can post all the relevant sections of the CFR so you can have the entire law in front of you for your convenience. Is that what you want so that there can be no misunderstanding of what the law requires? :smiley:

gregster
Since I am in Canada, you and your (how did Reuben say it?) pontifications are totally meaningless to me and my operation.

He’s not side stepping he’s twisting and purposefully mis-quoting and when he can’t answer the point he just ignores it. There are sooo many examples where he ‘dissapears’

So Gregster what is this mythical question that EVERYONE is sidestepping?

He’s not side stepping he’s twisting and purposefully mis-quoting and when he can’t answer the point he just ignores it. There are sooo many examples where he ‘dissapears’

So Gregster what is this mythical question that EVERYONE is sidestepping?

Greg,
If you continue to take money from a company that you are at philosophical odds with, and are unable to change the behavior of the management, then you are a chump. If you’re so badly mistreated there, why do you stay? Is it because you are pathologically unable to accept defeat? If the industry is so corrupt, and in such flagrant violation of federal law as you so boldly assert, why then hasn’t the industry changed? Surely, someone, somewhere must have the intellectual resources to effect change. The entire food service industry runs on the backs of people who aren’t particularly well paid, but for some unusual reason, it never changes, and there is no shortage of employees.
The US General Services Administration maintains a reimbursement rate of 58.5 cents per mile for a privately owned vehicle being used by a Federal employee. Most pizza drivers I know don’t fall into that category, myself included. If you follow the guidelines as laid out in IRS publication 917, YOU need to keep records. The $.55 per mile reimbursement isn’t allowed if you claim a “section 179 deduction.” Furthermore, you can’t claim depreciation if you are using your car. According to the IRS (and the DOL defers to the IRS as an enforcer,) a car is defined as follows:
"For depreciation purposes, a car is any four-wheeled vehicle (including a truck or van) that is made primarily for use on public streets, roads, and highways. Its unloaded gross vehicle weight must not be more than 6,000 pounds. A car includes any part, component, or other item that is physically attached to it or is usually included in the purchase price.
A car does not include:

  • An ambulance, hearse, or combination ambulance-hearse used directly in a business,
    * A vehicle used directly in the business of transporting persons or property for pay or hire, or
  • A truck or van that is a qualified nonpersonal use vehicle."

If you’re attempting to double dip the system, you’re in violation of IRS statutes. For what it’s worth, that 1,600 page
Department of Labor Field Operations Handbook you cling to so tenaciously is a very big book filled with lots of information that is at direct odds with the Internal Revenue Service.
My advice to you would be to quit your job, become a Labor Lawyer, and seek to singlehandedly rectify, clarify, maintain, and uphold all of these spaghetti-esque laws. I’m betting you won’t. The system has rumbled on the way it has for years simply because the interpretation of the laws is murky at best. Since I’m fairly compensated, and my drivers are fairly compensated, I don’t get in a twist about these issues. You, on the other hand, are still in a dither. I could disappear from these boards, come back in 5 or 10 years, and I’d expect to find you here, issues unresolved, still yammering about a situation that has no clear delineation, then I’d ask, “Still tilting at windmills Don Quixote?”

and as usual as soon as someone posts something gregster doesn’t like or finds a little too difficult he disappears…

Maybe he is doing research for his rebuttle. Or I may have offended him by telling him he is meaningless to me.

This:

Lets try something simpler to discuss:

Is it legal for an employer subject to the FLSA to make deductions from a minimum wage employees pay for work uniforms? Yes or No?

I am a minimum wage employee. I am paid $7.25 while in the store and $4 when clocked out on a run. My employer charges $12 for uniform shirts which is deducted from my pay. Is that a violation of the FLSA minimum wage? Yes or No?

Here is a clue:

http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf

Requirements

Uniforms: The FLSA does not require that employees wear uniforms. However, if the wearing of a uniform is required by some other law, the nature of a business, or by an employer, the cost and maintenance of the uniform is considered to be a business expense of the employer. If the employer requires the employee to bear the cost, it may not reduce the employee’s wage below the minimum wage of $7.25 per hour effective July 24, 2009. Nor may that cost cut into overtime compensation required by the Act.

For example, if an employee who is subject to the statutory minimum wage of $7.25 per hour (effective July 24, 2009) is paid an hourly wage of $7.25, the employer may not make any deduction from the employee’s wages for the cost of the uniform nor may the employer require the employee to purchase the uniform on his/her own. However, if the employee were paid $7.75 per hour and worked 30 hours in the workweek, the maximum amount the employer could legally deduct from the employee’s wages would be $15.00 ($.50 X 30 hours).

For the law itself covering this, see this referance:

http://www.dol.gov/dol/allcfr/Title_29/ … R4.168.htm

Nope I was wrong same old same old.

I stay because the hours suit my needs. I am not badly mistreated. I enjoy the job mostly. I just have a problem with the pay. I have been able to change the behavior of management, just not to the extent I would be satisfied with. There is still more to do.

Because 99.9% of delivery drivers have no clue what the law says about business mileage reimbursement. I am successfully working to change that. At least seven nationwide cases have been filed as a result of information I and one other person discovered over a year ago. More cases are pending.

http://www.stuevesiegel.com/CM/CurrentC … ycases.asp

just because people are willing to work for less than minimum wage does not make it legal.

Yet again you are quoting Tax law when it is the FLSA minimum wage law that applies.

I’m quite happy with the progress I’m making. As long as people keep asking questions, I get to keep posting the truth about minimum wage laws and mileage reimbursement and more people get to read about it. Thank you for helping to spread the word.

Apparently not, you keep posting! Thanks for your support!

It is called comic relief. I need a good laugh once in a while. :lol:

As you may or maynot be aware your posts do bring a smile to many around here. To be so persistent with your message, that is mostly targeted to the minority of the Think Tank members, reminds me of a rat in a cage on one of those wheels. http://www.youtube.com/watch?v=aMIMigQaY4A There is lots of effort and lots of noise but the rat is still in the cage in the same spot with no hope of going anywhere.

Next question Greg…as long as you’re keeping the Fair Labor Standards Act in a quick draw holster and are so concerned with employERs upholding the law, as an employEE, do you declare all of your tips? After all, let’s judiciously and fairly apply the law-abiding standard to both concerned parties… For what it’s worth, Dominos Pizza policy prohibits management from requiring drivers to clock in and out at different wages depending upon whether or not they’re in the store. If your bosses do that, then you are working for the wrong people. That is parsimonious in the extreme, and it’s a sleazy end run around tip-crediting.

If the deduction brings the effective wage below MW then no. I’ve never had the problem myself so I can’t talk with any authority on this matter though.

Tell me Gregster I’m sure you work for a big PJ’s franchise, you are joining one of the lawsuits aren’t you?

For every person that posts, there are another ten to twenty more that read and never post a thing. I am reaching a much wider audience then my detractors alone.

As to it being applicable only to a minority of TT members, do you know that show that the majority of TT members fully reimburse their delivery drivers for all business expenses? My experience tells me that the vast majority of businesses DO NOT properly reimburse drivers.

Enjoy the laughs. Thanks for the bumps. :smiley:

and of course they all agree with your point of view don’t they?