Discussion in 'Too Hot for Swamp Gas' started by ballastpointgator, Jul 9, 2018.
I made this mistake once. Got drilled on Swamp Gas. At least the posters in this thread were funny.
He doesn't have to live in Manhattan.
He should have quit long ago. As Trump's personal driver, surely he knows what the man is like.
I don't think someone making $75,000 a year is eligible for overtime. They are not really hourly employees.
If he is not a "manager" he is eligible for OT, but only if he is actually working, I don't think being "on call" counts for that. But if he can document he was actually driving 40+ hours his claim could be legit.
Fool me once shame on you. Fool me 25 times...
Google search of private chauffeurs salary NYC...
Private Chauffeur Salaries in New York, NY | Indeed.com
I am sure you will still find an issue with trump?
Apparently he is/was making above the average salary by $15K for a private chauffeur in NYC (going off a Google search and gator country report of his salary)...
I highly doubt this guy was paid by the hour. And I think his attorneys know this. Making it an almost impossible case to win. Could be wrong. But my guess is he found an attorney who took the case to hopefully get publicity for suing trump.
I would bet he was listed as an executive or professional in his position...
New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31 | Law and the Workplace
He makes sure to pay himself a huge salary; so, it's not really a business failure
Gold Digger. He works for Trump for 25 years and only now he has an issue with it? If I work for Trump, I know I'm smart enough to negotiate in writing my raises and OT and healthcare. People can bash Trump for this, but has anyone looked into how many people work for him? Put it this way, more than most of us have surviving relatives. Usually people working solo usually don't get health benefits and the guy never mentioned when those benefits ended. They ended when Obamacare went into effect.
Sure, if Trump wanted to defraud the employee, that's exactly how he would have been "listed". But it would have been wholly inappropriate for him to be listed as a manager or an executive just to make him "exempt" from OT. The guy is a driver, which would not qualify him for a "administrative or professional" position.
Now I was thinking there must be some provisions for some types of "live-in" assistants (butlers, nanny's, etc), but apparently even nanny's are only supposed to "work" 40 hours a week and are eligible for OT. How, in practice that is measured, I have no idea as I've never employed a live in butler. But I will assume this gets overlooked all the time if they don't track their hours carefully, or if they are simply content with the salaried arrangement regardless of hours - as Trump's driver seemed to be since he stayed 25 years.
As stated previously, he was making 25% more than the average chauffeur and 50% more than the average driver in NYC.
Not sure what the difference between a chauffeur and driver, but still, he was well compensated for his time.
$75K a year disqualifies him from earning OT in a lot of States
Again...I highly doubt trump is forced to pay for OT in this one. I could be wrong.
He was at 50 to 55 hours a week which is what I saw reported as the amount of time the driver averaged. So lets assume $15/hr minimum wage as the standard (high) and using the 55 hours a week...
That is $600 for the 40 hours and $337.50 for the 15 hours of overtime which gets you $48,750 a year with no vacations or time off and working 52 weeks at 55 hours. He was getting paid $75,000. That is a pretty big difference to prove you were being unfairly paid. Which tells me his lawyer just wants to get recognition.
Do you really believe he was not being paid fairly? Sorry but I do not see the merit in this case. At $20/hr he is still $10K short of what he was getting paid using 55 hours and no time off all year.
The guy drove for Trump for 25 years-must not have been to bad- sounds like sour grapes to me
Actually I do believe he was paid fairly, and the fact that he stayed for 25 years makes that fairly obvious.
All I'm saying is his claim for OT "could be legit" based on the law - that's why it only goes back 6 years, not 25 - that is the statute. Maybe he didn't even know, and saw a lawyer advertising on TV about going after "unpaid compensation", or maybe it's a sour grapes presumably because he lost this job due to the election. Who knows.
I am confused. In New York only managers can be on salary?