Welcome home, fellow Gator

...to the Gator Nation's oldest and most active insider community
Join today!

Trump's Driver of 25 years sues for OT

Discussion in 'Too Hot for Swamp Gas' started by ballastpointgator, Jul 9, 2018.

  1. QGator2414

    QGator2414 VIP Member

    11,658
    678
    598
    Aug 24, 2009
    The whole thing makes no sense. The fact he apparently is still working for the trump organization adds that this has an agenda with no merit behind it. A weak one at that. But it feels like the antitrump crowd just throwing things at a wall hoping something will stick and/or a lawyer going after big pockets just to do so. Don't know how you are going to prove damages in this case. But as I said...I could be wrong and a judge may just decide to do something.

    Donald Trump Is Sued by Former Driver for Overtime Pay

    "Bloomberg reported that Cintron, 59, is a registered Republican, and still works for the Trump Organization in security. He worked as Trump’s personal driver until the Secret Service took over."
     
  2. QGator2414

    QGator2414 VIP Member

    11,658
    678
    598
    Aug 24, 2009
    You are talking the government. I am pretty sure these laws were created to protect workers in industries like farming and agriculture. But as with anything governmmet...it has to be made complicated.
     
  3. BLING

    BLING GC Hall of Fame

    4,444
    253
    273
    Apr 16, 2007
    I don't believe it's a New York only law, but rather a federal law.

    It isn't "only" managers, there is a whole range of people that could be exempt. It's mostly professionals and experts that would be exempt.

    Several posters keep saying this guy should definitely be exempt because of the $75,000, that's a "fair" salary. But to be exempt fro OT purely as a "highly compensated employee" without the other professional exemptions actually requires $100,000.

    Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

     
  4. Gator515151

    Gator515151 GC Hall of Fame

    20,020
    344
    858
    Apr 4, 2007
    Back in the 90s when I was working for Orange County Building Dept. We won an appeal to the Federal Wage and Hour Department of the Dept of Labor. Orange county had to pay us $700,000 in back wages because we had been required to pick up our county vehicles at a fire station and drive them into work and weren't being paid the 1/2 hr a day it took. My cut was $8K but the nice part was Orange County changed their policy and let us take our vehicles home after that. The employee who brought that complaint forward was fired 2 years later. He was the only county employee I can remember being fired in the 25 years I worked there. Think this suit had anything to do with his firing?
     
  5. BLING

    BLING GC Hall of Fame

    4,444
    253
    273
    Apr 16, 2007
    It really shouldn't be complicated at all, it's actually only "complicated" because a bunch of "exemptions" have been carved out.

    I generally think everyone working as an employee should be compensated for time worked. That there are "exemptions" at all are fairly dubious - as most of the time an employer wanting to "exempt" you from OT is going to want you to work more than 40 hours. Now if you are making $200,000K as an executive or manager, that is a fair enough arrangement. But there is alot of abuse in IT and financial services especially where people making relatively modest salaries- are expected to work 60,70+ hours without OT. I'm sure in some cases if they break it down they are barely making more than min wage.

    I actually experienced this myself. This was years ago, but I was making about 60K, but with required OT about 75K-80K. Well at one of my annual evaluations they gave me the "great news" I was getting a raise to $70K - but a few weeks later they also announced everyone in our job class was switching to exempt status. So in effect, my pay was actually reduced over $5K. Needless to say a I was non too pleased and I let them know - unfortunately at the local level they couldn't just give me another salary bump to make up for it. I didn't quit right away, but that motivated me to look for another job. It took about a year but I finally found another far greater opportunity. If I wanted to sue, I probably would have had a case as I'm sure I had about $10K in "unpaid overtime" over that year.
     
  6. DaveFla

    DaveFla GC Hall of Fame

    16,376
    123
    883
    Apr 8, 2007
    Trump still owes me $600 for expenses I incurred in 2010 while flying his airplane. His regular pilot went on vacation, and I filled in.
     
  7. PerSeGator

    PerSeGator GC Hall of Fame

    484
    86
    278
    Jun 14, 2014
    Consider yourself lucky, you bought yourself a personal lesson in the art of the deal at the discount price of $600.
     
  8. DaveFla

    DaveFla GC Hall of Fame

    16,376
    123
    883
    Apr 8, 2007
    That, and a tax write-off.
     
  9. tilly

    tilly Superhero Moderator with bulletproof posts! Moderator VIP Member

    32,520
    5,660
    1,808
    May 31, 2007
    OK. Gotcha. I was just saying exemption is not based on a title per se. In many (most?) places, a company can put a janitor on salary, if both parties agree.
     
  10. QGator2414

    QGator2414 VIP Member

    11,658
    678
    598
    Aug 24, 2009
    I just don't agree.

    If you are making a salary that equates to well over the minimum wage with OT then there should only be the issue of the employee deciding their position is worth more and asking for it. Then the employer can decide whether that person/position is worth more than it is costing them to have it filled.

    I get we have made a law with all sorts of exemptions that employers have to pay to make sure they follow. These are the type of regulations that are costly/burdensome. I have no issues with your point of being paid fairly. But that is not for the government to decide minus that a person is making more than minimum wage plus any OT owed above that.
     
  11. BLING

    BLING GC Hall of Fame

    4,444
    253
    273
    Apr 16, 2007
    In principal anyone can agree to anything, but technically speaking, if the employee are working 60 hours and they don't actually qualify for the exemptions - which are federal law - then the company doing that hiring could be facing a possible lawsuit for unpaid compensation. If the employee documented their hours worked, they would have a legitimate claim. Now maybe that janitor you mention can "waive" their rights, like if the employee explicitly states "I agree to work 60 hours for X salary", then perhaps then that overrides the federal law. A lawyer would know better on that one. I'd think it would have to be fairly explicit though.
     
  12. BLING

    BLING GC Hall of Fame

    4,444
    253
    273
    Apr 16, 2007
    "Agreeing" isn't really relevant. What does the law say. Read the law and get back to me. The fact sheet is only 3 pages, so it really isn't all that complicated at all. Though if we eliminated most of the exemptions and just say everybody that is a W-2 employee gets paid per hour worked and 1.5x for hours over 40, we could probably get it down to a "postcard". Just like taxes.

    https://www.dol.gov/whd/overtime/fs17a_overview.pdf
     
  13. QGator2414

    QGator2414 VIP Member

    11,658
    678
    598
    Aug 24, 2009
    It is relevant because this is a grey area like many things in the law. If it were black and white trumps lawyers would not have said...""Mr. Cintron was at all times paid generously and in accordance with the law. Once the facts come out we expect to be fully vindicated in court.""
     
  14. BLING

    BLING GC Hall of Fame

    4,444
    253
    273
    Apr 16, 2007
    Yes, because no lawyer has ever spun or lied for their client. I think they once made a movie about truth telling lawyers.

    [​IMG]


    Try using your own brain. Read the law, not even the law, just the worksheet I provided you to read, get back to me.

    I just find it amusing that you are basing your opinion on "What Trump's Lawyers say". Really?
     
    Last edited: Jul 12, 2018 at 11:41 AM
  15. QGator2414

    QGator2414 VIP Member

    11,658
    678
    598
    Aug 24, 2009
    I am basing my opinion on the fact you nor I know exactly how the person suing the trump organization and the trump organization had engaged in an employee/employer agreement.

    But carry on as if you know that answer and we will see who is right. I have said I could be wrong. Yet I highly doubt this guy gets paid six figures in OT pay if anything...
     
    Last edited: Jul 12, 2018 at 9:56 PM