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FLSA and what it means to us · United We Scan

0:34
And welcome back everybody, Episode 133.
0:39
Yeah, it's only been a couple days.
0:41
We're pre recording tonight because, well, I'm fleeing the
0:44
country in a few days, so at least this will allow you guys
0:49
to listen to me while I'm gone for at least one week.
0:52
Anyways, we'll see if we're going to try and hop back on
0:54
again before the end of the week, but who knows?
0:57
So tonight we are going to cover the FLSA and what it really
1:01
means to us. FLSA Fair Labor Standards Act.
1:05
What is that about? Well, that's how we're paid, the
1:08
how and why and all that good junk, and Meow over here has
1:16
definitely went down the rabbit hole with it in the past.
1:20
So I'm just kind of gonna feed in where necessary.
1:25
Otherwise, I'm gonna say take it away, Meow and Josh.
1:30
All righty so So the FLSA or the Fair Labor Standards Act is what
1:37
establishes minimum wage, overtime pay, record keeping
1:42
child Labor Standards and it affect it's affecting full time
1:46
and part time workers in the private sector and in federal,
1:51
state and local governments. Now there's different divisions
1:54
of the Department of Labor and the Wage and Hour Division or
2:01
WHD of the United States Department of Labor.
2:04
DOL administers and enforces the Fair Labor Standards Act with
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respect to private employment, state and then local government
2:14
employment, and then federal employees of the Library of
2:18
Congress, United States Postal Service, Postal Rate Commission,
2:22
and the Tennessee Valley Authority.
2:25
The FLSA is enforced by the US Office of Personnel Management,
2:30
or OPM, for employees of other executive branch agencies and by
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the US Congress for covered employees of the legislative
2:39
branch, Which it's also kind of interesting because we might be
2:44
in a government shutdown tomorrow, but that's a whole
2:46
nother, a whole nother side quest story right now.
2:49
But so special rules apply to state and local government
2:53
employees and involve Fire Protection.
2:56
There's, there's different laws for the fire department, law
3:00
enforcement volunteering compensent compensent
3:04
compensatory time off instead of a cash overtime pay.
3:09
And a lot of this information that we're going to go over,
3:12
it's on the Department of Labor website.
3:16
And then later on we'll, we'll kind of go into it and how it
3:19
pertains to us a little bit more, but just kind of a basic
3:24
overview of the Fair Labor Standards Act.
3:28
So it's covered, non exempt workers are entitled to a
3:32
minimum wage of $7.25 per hour and that was effective as of
3:38
July 24th, 2009. And I know that there's
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different regulations that affect you by state, but in
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terms of of postal workers and federal workers, we are under
3:53
the umbrella of our national agreement and our contract.
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So without the contract we would be making $7.25 an hour.
4:03
So wages required by the Fair Labor Standards Act are due on
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the regular payday for the pay period covered deductions for
4:10
wages for items such as cash or merchandise sort it is employer
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required uniforms or tools of the trade are not legal where
4:19
they would reduce an employee's wages below the minimum hourly
4:24
wage required by the Fair Labor Standards Act or reduce the
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amount of overtime pay under the Fair Labor Standards Act.
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So one of the things that's kind of interesting also is that even
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though we have the Fair Labor Standards Act, it does not
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require the employer to give you vacation, holiday severance or
4:47
sick pay, meal or rest periods, holidays off or vacations, or
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even premium pay for week on weekends or holiday works.
4:56
And it does not require them to give us pay raises, raises,
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fringe benefits, or a discharge of notice, reason for discharge
5:07
or immediate payment of final wages to terminate to terminated
5:12
employees with. There's other laws and stuff
5:15
along that along those lines. But the Fair Labor Standard Act
5:18
does not mandate enforcement or collection procedures for
5:22
unusual or promised wages or commissions in excess of those
5:26
required by the Fair Labor Standards Act.
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But there's going to be other laws and stuff that that cover
5:33
that. So who is covered?
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It's just the normal employees and workers that are just living
5:43
their life. And where did it go?
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I know. Well, there's some stuff that
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doesn't pertain to us. We're not tipped workers, so we
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don't, we don't really have any of that.
5:56
But the Fair Labor Standards Act is also what helps regulate for
6:00
us to have the 8 hour work day or the 12 hour and the overtime.
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So there's terms that are used in the Fair Labor Standards Act,
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such as a work week. A work week is a a period of 168
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hours during 7 consecutive 24 hour periods.
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It may begin on any day of the week and at any hour of the day
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established by the employer. For us, it's Saturday to Sunday.
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Sorry, it's Saturday to Friday. Generally, for purposes of
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minimum wage and overtime payment, each work week stands
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alone. There can be no averaging of two
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or more work weeks. Employee coverage.
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Compliance with wage payment requirements in the application
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of most exemptions are determined on a work week basis
6:50
and then hours worked covered. Employees must be paid for all
6:53
hours worked in a work week. In general, hours work include
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all time an employee must be on duty or on the employer's
7:02
premises or at any other prescribed place of work from
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the beginning of the first principal activity of the work
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day to the end of the last principal work activity of the
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work day. Also included is any additional
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time the employer is allowed to work.
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So that's kind of that. And then record keeping.
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The FLSA requires employers to keep records on wages, hours and
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other items as specified in the Department of Labor record
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keeping regulations. Most of the information is of
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the kind generally maintained by employers and ordinary business
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practices and in compliance with other laws and regulations.
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The The records do not have to be kept in any particular form
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and time clocks need not be used.
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So we like our trip sheets. We write that on there.
7:55
With respect to an employee subject to the minimum wage
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provisions or both the minimum wage and overtime pay
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provisions, the following records must be kept.
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Personal Information Employed employees name, home address,
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occupation, gender and birthday If under 19 hour and day when
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work week begins. Total hours worked each work day
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and work week. Total daily and weekly straight
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time earnings and then regular hourly pay for any week when
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overtime is worked and then total overtime pay for the work
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week. Deductions for from or additions
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to wages and then total wages paid, each pay period, date of
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payment and pay period. Covered records required for
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exempt employees differ from those for non exempt workers.
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Special information is required for home workers, for employees
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working. So and then I could go for that.
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So then computing overtime and Josh will go over some of this
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in a little bit too that that's going to be more specific for
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us. But overtime must be paid at a
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rate of at least 1 1/2 times the employees regular rate of pay
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for each hour worked in a work week in excess of the minimum
9:12
allowance in a given type of employment.
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Generally the regular weight includes all payments made by
9:19
the employer to or on behalf of the employee, except for certain
9:24
statutory exclusions. The following examples are based
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on a 40 hour work week. So you would get the hourly
9:32
rate, regular pay for an employee paid by the hour.
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If more than 40 hours are worked at least 1 1/2 times the regular
9:43
rate for each hour over 40 is due.
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So that's why, you know, we got, and we'll go over this a little
9:51
bit more in a little bit, but the Rcas, if they're working or
9:57
PTFS leave replacements, if they're working over that 40
10:02
hours, then they're getting that overtime rate and it turns to
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hourly. So, but then it just as a
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example, just to say, I think most of us understand it, but an
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employee is paid $8 an hour, works 44 hours in a work week,
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the employee is entitled to at least 1 1/2 * 8 dollars or
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$12.00 for each hour over 40. Pay for the week would be
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$320.00 for the 1st 40 hours plus 48 for the four hours of
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overtime, a total of $368. So there is that and then
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enforcement of it. So the Wages and Hour Division
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enforcement of the FLSA is carry carried out by investigators
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stationed across the country. As WHD authorizes
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representatives, they conduct investigations and gathered data
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on wages, hours and other employment conditions in order
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to determine compliance with the law, regardless of workers
11:03
immigration status. Where violations are found, they
11:06
will recommend changes in employment practices to bring an
11:10
employer into compliance. But we also have the union in
11:13
which kind of, and you can't be retaliated against if, if
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there's some, some issue that's going on with it.
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But other things too is that there's other acts and other
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labor laws and there's like a whole list of different ones,
11:31
but a lot of them don't necessarily pertain to us.
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But one of the other ones is the Family Medical Leave Act, which
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entitles an eligible employees of covered employers to take up
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to 12 weeks of unpaid job protective leave each year with
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maintenance of group health insurance for the birth and care
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of a child, for the placement of a, of a child for adoption or
11:56
foster care or a, a, a, a spouse or parent with a serious health
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condition or for the employee serious health condition.
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So that's another thing that's kind of grouped with this.
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I'm trying to think of what else?
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So the other thing that's kind of important with this is that
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equal pay and the equal pay provision of the FLSA prohibits
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gender based wage differentials between men and women employed
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in the same establishment who perform jobs that require equal
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skill, effort and responsibility and which are performed under
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similar working conditions. These provisions as well as
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other statutes prohibiting discrimination and employment
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are enforced by the Equal Employment Opportunity
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Commission or EEO. So there is also that, but so
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just to kind of summarize that, so the Fair Labor Standards Act
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is what gives us, you know, the overtime rate, but our contract
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is actually what gives us a lot of the the benefits.
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So I'm going to turn it over to you, Josh and he's going to go
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over, you know how it more so pertains to us as rule carriers
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versus US is just normal employees of the country.
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OK, And I do apologize 'cause this is going to be a bunch of
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breeding and that's not one of my strongest suits.
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But we're going to go in the contract, the national
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agreement, Article 9, which is compensation, salary and wages,
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Section 2, compensation allowances and fees, Section A
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compensation pursuant to the Fair Labor Standards Act, FLSA
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1F SFLSA Section 7, E 2. It is desired by the parties
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that certain rule letter carriers shall be employed on an
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annual basis at a guaranteed annual wage and that such rural
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carriers shall not be required to actually work more than 2240
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hours, which is the 2240 during the guarantee period of 52
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consecutive weeks as specified pursuant to Section 7 B2 of the
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Fair Labor Standard Act, as amended.
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Therefore, the parties agree as follows.
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A Regular carriers receive evaluated compensation assigned
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to route having the number of evaluated hours of required
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service per week shall be guaranteed an annual wage equal
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to the corresponding amount for their attained staff for 2080
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hours of actual work during the guarantee period of 52
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consecutive weeks as set forth in paragraph H.
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And that's the 2080 B consistent of the past paid practice.
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Evaluated carriers assigned to routes having evaluated hours in
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excess of 40 per week shall receive compensation for such
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hours in addition to the guaranteed annual wage.
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However, the employer may at any time reduce or increase such
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carriers total compensation by adjusting the number of
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evaluated hours of their routes downward or upward, but not to a
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salary level below the guarantee set forth at the beginning of
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the guarantee period. Therefore, compensation paid to
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the evaluated rule carriers in excess of the amount of
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compensation annually guaranteed for 2080 hours of actual work
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shall not be considered guaranteed annual wages.
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See. The employer may at any time
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increase the total compensation paid evaluated carriers assigned
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to routes having evaluated hours of 40 per week or less by
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adjusting the number of evaluated hours of the route
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upward. However, compensation paid to
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such evaluated carriers in excess of the amount of the
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compensation annual guaranteed for 2080 hours of actual work
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shall not be considered guaranteed annual wages fee.
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Regular Rd. carriers receiving non evaluated compensation
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assigned to routes having a number of paid miles shall be
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guaranteed an annual wage not less than corresponding amount
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for their attained step for 2080 hours of actual work desired.
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I'm sorry back to work during the 52 consecutive week period
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as set forth paragraph H below. E consistent with past pay
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practice non evaluated carriers assigned to routes having 43 or
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more paid miles shell receive compensation for such paid miles
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in addition to their guaranteed annual wage.
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However, the employer may at any time reduce or increase such
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carriers total compensation by adjusting the number of eight
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miles of the route downward or upward, but not to a salary
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level below the guarantee set for the beginning of the
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guarantee period. Therefore, compensation paid to
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non evaluated carriers in excess of the amount of compensation.
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Annual guarantee for 2080 hours of actual work shall not be
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considered guaranteed Annual wage.
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The employer may at any time increase.
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I'm sorry F. The employer may at any time
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increase. Total compensation paid not
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evaluated carriers assigned to routes having 42 or less paid
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miles per week by adjusting the number of paid miles of the
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route upward. However, compensation paid to
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such non evaluated carriers in excess of the amount guaranteed
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for the 2080 hours of actual work shall not be considered
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guaranteed annual wages. G.
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The hourly rate for all regular rule carriers compensated
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pursuant to FLSA Section 7V2 shall be the amount up agreed
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upon. H For all regular rule carriers
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compensated pursuant to FLSA Section 7V2, the 52 consecutive
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week guarantee period shall be executive beginning and ending
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with pay periods. I Any regular rule carrier
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compensated pursuant to FLSA Section 7B2 shall receive
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overtime compensation as set forth in paragraph K below were
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hours actually were in excess of 12 hours in anyone work day or
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in excess of 56 hours in any work week.
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All hours paid in accordance with Article 9.2, Point C .5
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point F3 shall not be included in hours worked over 56 in any
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work week. J In the event any regular rural
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carrier compensated pursuant to FLSA section 7B2 is prior to
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actually work more than 2080 hours within the 52 consecutive
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work consecutive week guarantee period, such carriers shall
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receive overtime compensation as set forth in paragraph K below
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for all hours actually work in excess of 2080 up to 2240 within
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the guarantee period. All hours paid in accordance
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with Article 92-CF392-C5K and I shall not be included in hours
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work in excess of 2080 up to 2240 in the guarantee period.
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K Overtime compensation for regular rural carriers
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compensated pursuant to FLSA Section 7B2 shall be paid at the
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rate of 150% of the carrier's regular rate.
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The regular rate for such carriers shall be in shall be
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the total amount of compensation earned for hours actually work
20:19
since commencement of the guarantee period.
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Excluding previous overtime pay divided by the total number of
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hours the carrier has actually worked since commencement of the
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guarantee period. Excluding previous overtime
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hours. I.
20:36
For a regular rule carrier compensated under FLSA Section
20:40
7B. Christmas overtime compensation,
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if appropriate, shall be paid in the regular check following the
20:49
pay period. Work any Christmas overtime pay
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Hours paid at the FLSA overtime rate shall not be included in
21:00
hours worked in excess of 2080 up to 2240 in the guarantee
21:06
period and no regular carrier compensated pursuant to FLSA
21:12
Section 7B2 may actually work in excess of 2240 hours within the
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52 consecutive weak guarantee period.
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In the event any such carrier actually works more than 20 to
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40 hours within the guarantee period, the agreement under
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FSOFLSA Section 7B2 will be considered void and such carrier
21:36
shall be compensated for all hours actually work during the
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guarantee period. In accordance with FLSA Section
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7A N, hours of absence from duty are not to be counted in
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determining the number of hours actually worked by a regular
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rural carrier compensated pursuant to FLSA Section 7B2O.
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The employee appointed as a regular rule carrier during the
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guarantee period as set forth in paragraph H, except on routes of
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less than 35 evaluated hours. Kelby compensated on the
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evaluated schedule under section 7V2 of the Fair Labour Standard
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Act, provided the carrier agrees in writing at the time of
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appointment to terminate the guarantee agreement on the last
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day of the Patriot as defined in Articles 92-A1H.
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Such an agreement by any rule carrier is irrevocable such we
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shall be compensated in accordance with FLSA Section 7B2
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beginning the first day of the next 52 consecutive week
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guarantee period. A carrier who does not agree to
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terminate the guarantee as described above shall be
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compensated at the rate in accordance with Article 8.3 in
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the attain step and overtime for work performed only after 8
23:08
hours on duty in anyone service day or 40 hours in anyone
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service week pursuant to Section 7A of the Fair Labor Standard
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Act. Until the beginning of the next
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guarantee period, at which time the carrier shall be compensated
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under the provisions of Section 7B2 of the Fair Labor Standards
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Act in accordance with Article 9.2.
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So when a roll letter carrier compensated pursuant to FLSA
23:40
section 7B2 resigns, retires, is properly discharged or is
23:46
properly terminated for other suitable reasons during the
23:51
guarantee period, this section terminates as to that carrier
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and there is no further obligation under the section on
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the part of the employer, provided the section has been
24:02
compiled with with up to that time.
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Q. Where a rule carrier compensated
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pursuant to FLSA Section 7B2 is properly placed in a non pay
24:14
status, such carrier shall not be compensated for such time and
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the compensation would which would otherwise have been paid
24:23
will be deducted from the employer's guarantee obligation
24:26
under FLSA Section 7B2. RA.
24:30
Regular rule carrier compensated pursuant to FLSA Section 7B2 who
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is transferred or reassigned, either voluntarily or
24:39
involuntarily to another position with, within, or
24:43
without the rule letter carrier bargaining unit during the 52
24:47
consecutive week guarantee period shall not receive less
24:51
compensation for the balance of the guarantee period than the
24:54
carrier is guaranteed under this section's.
24:58
Compensation provided pursuant to temporary deviations or
25:02
seasonal route adjustments will not at any time be considered
25:06
part of a rule carrier salary guarantee.
25:08
T When permanent or long standing route conditions beyond
25:12
the control of the rule carrier cause or are expected to cause
25:16
the rule carrier to exceed the evaluated hours of the route and
25:21
exceed the hours of the annual guarantee for the route, the
25:24
employer shall provide suitable relief or shall provide
25:29
appropriate compensation for the actual hours worked in excess of
25:33
the annual guarantee. Under such conditions, rule
25:37
carriers shall not be expected to use leave in addition to that
25:41
normally required to meet the route evaluation or guarantee
25:46
requirements specified in this in the agreement.
25:50
You. In the event the provisions of
25:53
this section conflict with any Postal Service regulation manual
25:58
or handbook, the provisions of the section will be deemed
26:01
controlling and then. Section 2.
26:05
FLSA Section 7A. The following employees shall be
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compensated in accordance with FLSA Section 7AA.
26:13
Evaluated carriers assigned to routes having less than 35 hours
26:18
of required service per week and then B.
26:22
Regular carriers receiving non evaluated compensation assigned
26:26
to routes having less than 31 paid miles.
26:30
C Part time flexible rule carriers.
26:33
D Substitute rule carriers. E rule carrier associates.
26:37
F Rule carrier relief employees G Assistant rule carriers.
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H Employees appointed as regular rule carriers during the
26:46
guarantee period not covered by section 7B2 of the Fair Labor
26:51
Standards Act. In the event the provisions of
26:54
this section conflict with any Postal Service regulation manual
26:59
or handbook, the provisions of this section shall be deemed
27:02
controlling. So that is well, the other part
27:06
of it too. B.
27:07
You want me to read section B of it too?
27:10
Well, I'm going to say before we go into that, I just wanted to,
27:14
I know that was a lot of reading and some of those sections we're
27:17
talking about the mileage routes, which there's only a
27:21
couple left in the country. So that does not affect most
27:27
carriers. There's only yeah.
27:29
There's 11 left, one left in the country.
27:32
OK. Hanging on one left.
27:34
In the country, Yep. So anything that was talking
27:37
about mileage pay only effects that one person.
27:43
But they've. Got completed.
27:44
Stocks. Yes, in regards to with that,
27:48
with the 20, you know it's it was saying basically they were
27:52
guaranteed the 2080 hours which is on your 4241A's where it has
27:59
your actual salary at your evaluation and then that
28:02
guaranteed salary which is if you drove drop it to 40 hours or
28:06
below. And with the overtime it talks
28:10
about if you go anything over the 40 hours in a week.
28:14
So if you're on a 43 day, you're getting paid 40 hours at your
28:18
regular hour hourly rate, and then three hours at the overtime
28:23
rate of 150%, which is already calculated into your base back.
28:28
The other thing to kind of tie it all as a conglomerate
28:31
together here too is so in order for us to have our evaluated
28:37
compensation system that we have, the Union and Congress had
28:42
the kind of and the Postal Service had a kind of come up
28:47
with a solution for us to be on that evaluated system.
28:51
And on the union website, it's under Fair Labor Standards Act,
28:57
but there is an analysis of all of the Fair Labor Standard
29:01
Standards Act provisions inside of the NRLCA agreement.
29:06
And it's a little dated, it's from 1988, but it's still as
29:11
prevalent now as ever before. And hence why, you know, some of
29:16
that mileage verbiage is still in there because there was a
29:19
lot, there was more of those routes at that time.
29:23
But us having the HJK routes and the hours and, and those sorts
29:30
of things are pertinent. And hence why there's a lot
29:35
more. It's, it's a little heavy.
29:40
I mean it it the the. The gist of it really, the gist
29:46
of it really is we fall under the FLSA even though we're
29:50
considered salary. We're not an exempt salary
29:55
classification. That's why we fall under the
29:57
FLSA, yes. The evaluated system is kind of
30:02
a hybrid salary hourly. But in order for us to stay in
30:07
compliance with Labor law, the NRLCA had to kind of finagle it.
30:13
Well, not, I'm not going to say finagle it.
30:15
They needed to make it fair to us still and allow us that
30:18
benefit of that evaluated system.
30:20
That's why we're kind of, I know we're kind of weird with our
30:23
evaluated system, but I, I know some people go, why don't we
30:26
just go hourly? But there's been years and years
30:29
of us, you know, some people still can beat their evaluation
30:32
and and be paid for 43 hours, you know, so.
30:36
On a national, on a national average, we are under overall,
30:40
we are under the evaluated time. And I was just quickly glancing
30:46
over B section B and it, if you wanted to, it's A, it's a short
30:52
one, but it's not directly related to what we were trying
30:56
to cover tonight. Yeah, that's fine.
30:59
We don't need to cover. It's just I, I, I just look at
31:02
the things that say FLSA and I go, oh, what is it?
31:05
You know, but we kind of already covered it well with your work
31:09
schedule. So if, you know, there's some of
31:13
us that you work 6 days if you're an H route and they're
31:18
still provisions based upon your relief days and, and, and such,
31:23
but that, that kind of is there, but not all of it.
31:27
But I can kind of go over, there's a section inside of F21,
31:34
which F21 is the time and attendance manual.
31:37
And there's a, it's section 540, it's called it's Fair Labor
31:42
Standards Act. And again so the following
31:48
employers employees are compensated in accordance with
31:51
FLSA Section 7. A regular rule carriers assigned
31:55
to evaluated routes having less than 35 hours of required
32:00
service per week or mileage routes having less than 31 paid
32:05
miles per week. And then B employers appointed
32:08
as regular rule carriers to routes covered under 7B2 after
32:12
the beginning of the guarantee period who do not agree in
32:15
writing to terminate the the guarantee agreement at the end
32:20
of the guarantee period. At the beginning of the next
32:23
guarantee period though, the carrier shall be compensated
32:26
under provisions of 7B2 of the FLSA.
32:30
And then substitute Rule Carriers Designation 72 serving
32:34
a vacant route or route where the regular carriers on extended
32:36
leave who do not agree in writing to terminate the
32:40
guarantee agreement. And then substitute Rule
32:44
Carriers Designation 73. Relief Rule carriers designation
32:48
75 Rule carrier associates Designation 74 and 78 PTFS
32:54
designation 76. Auxiliary rule carriers
32:57
designation 77 and rule carrier associates assigned to an
33:01
auxiliary route designation 79 and temporary placement
33:05
replacement carriers designation 70.
33:08
And then a regular rule carrier compensated pursuant to FLSA
33:12
Section 7B2 who actually work more than 20 to 40 hours dirt
33:18
within the guarantee period. But there's gonna be different
33:24
rule carriers that have where is it?
33:28
So I know we went over the 4241 A&M.
33:34
There is actually a thing on the bottom of your 4241 A that says
33:39
your FLSA code. And most of us I think are what
33:45
is it? Is it B?
33:46
Yeah, B, But there's going to be a couple of them that are,
33:51
there's FLSAB, which are like the ones that are on the
33:54
evaluated system. But there's also FLSAA, which
33:59
are the ones having more than 35 standard hours per week who do
34:03
not agree to terminate the guarantee, who do not agree in
34:08
writing to terminate the guarantee at the end of the
34:11
guarantee period. And they're the ones that are
34:13
converted automatically to be at the end, like when you first go
34:18
regular, you want to be hourly essentially.
34:21
And then there's also, it's a rarity, but I've seen it happen.
34:26
It's FLSA code N&FLFLSA code N applies to regular rule carriers
34:33
designation 70 ones only assigned to routes having less
34:36
than 35 standard hours per week or RCS having less than 31 mile
34:43
paid miles per week. And the situation where I saw
34:46
that that happened was that the route was below 35 standard
34:51
hours for two years and that it converted it and it was a
34:57
nightmare. And I, I think there's like
34:59
there's not that many of them, but I, I don't know if it
35:02
changed now with the new evaluations.
35:04
Yeah, that's where you're accessing stuff comes into play.
35:08
Yeah, yeah. Well, they if the route goes
35:13
vacant, then they can actually convert the route back to an ox
35:18
route. But if it's not vacant, then
35:21
it's it gets it's real messy and that's a whole other.
35:26
But you're under a different you're under FLSA code N and
35:31
it'll say it on that bottom of that 4241 A.
35:34
So if you're, so if you're listening to this, don't get
35:37
surprised with that. But and then what else?
35:43
I'm trying to think of what else.
35:44
FLSA code P. FLSA code P is hold on, let me
35:50
pull it back up. BANLP applies to auxiliary rule
35:56
carriers, designation 77. Part Time flexible rule carriers
36:01
designation 76. Substitute rule carriers
36:04
designation 73 RCRS, destination 75, roll carrier associates 7478
36:12
and 79 and then temporary replacement carrier.
36:15
So like if you're a, if you're a sub that's been holding down an
36:21
OX route, then it would be, it would be, it would be that under
36:26
that code. I think so.
36:28
But and then we all know, I think there's a couple.
36:32
I know they got rid of that position and that was the same
36:37
like the CCA's where they had to have a break in service.
36:40
Oh, the TRC. Yeah.
36:42
Temporary relief carriers. Yeah, yeah, that one's gone to
36:45
the wayside. I don't, last I knew.
36:47
I think you're still maybe 2. I don't know.
36:49
I think that's RCR's. Oh, that they have, yeah.
36:53
Yeah, now TRC. Is a.
36:55
They're still on. To RCA's, yeah.
36:58
Yeah, yeah, so, but what else was I gonna?
37:03
So the other thing too, that I know somebody has asked about,
37:07
because I, I think we pretty much covered that, but there's,
37:10
there's a newer thing that's kind of what the Fair Labor
37:12
Standards Act that coincides that I know somebody asked about
37:18
they and part of the the Big beautiful Bill Act that they
37:22
signed there was. Like.
37:25
Yeah, and there's, it says like there's no tax on tips, which
37:28
doesn't affect us, but there's no tax on overtime.
37:33
And so the language for the bill says, effective for 2025 through
37:38
2028, individuals who receive qualified overtime compensation
37:44
may deduct that pay that exceeds their regular rate of pay, such
37:49
as the half portion of time and a half compensation that is
37:54
required by the Fair Labor Standards Act and that is
37:57
reported on a Form W2, Form 1099, or other specified
38:03
statement furnished to the individual.
38:06
Maximum annual deduction is $12,500, or $25,000 for joint
38:12
filers. Deduction phases out for
38:15
taxpayers with modified adjusted gross income over 150,000 or
38:22
300,000 for joint filers. Taxpayer eligibility deduction
38:28
is available for both itemizing and non itemizing taxpayers and
38:33
then taxpayers must include their Social Security number on
38:36
the return and filed jointly. If Mary to claim the deduction
38:41
and then reporting employers and other payers are required to
38:45
file information returns with the IRS or SSA and furnish
38:50
statements to taxpayers showing the amount the showing the total
38:55
amount of qualified overtime compensation paid during the
39:00
year and then guidance. The IRS will provide transition
39:04
relief for tax year 2025 for taxpayers claiming the deduction
39:10
and for employers and other payers subject to the new
39:14
reporting requirements. So I'm going to preface this by
39:18
saying I'm not an attorney, I'm not a tax expert.
39:21
I'm just, I'm just somebody here, but I'm under the
39:25
assumption that because it says, what did it say?
39:29
It said. Qualifying.
39:30
Qualifying it's going to mean your actual time, especially for
39:37
regulars, that it's going to be the actual.
39:40
So that more than likely, I mean, we won't know until we tax
39:45
time when we actually get our W twos and whatnot.
39:48
So yeah, my again, I'm just a rural carrier.
39:52
I mean, I used to love tax stuff.
39:54
I wanted to do accounting and whatnot back in my teenage
39:57
years. Don't ask me why, but the
39:59
numbers thing the way that I make the and I'm using that
40:04
word. The assumption is that it would
40:07
be for us regular carriers. Would be that overtime pay for
40:12
assisting on other routes over the MOU?
40:15
The overtime pay for work for if you claim a DACA 5 if you can.
40:21
And Christmas overtime. And Christmas and Christmas
40:24
overtime. I was just going to say because
40:26
the beginning of that said not to include your regular pay,
40:29
yes. And our regular pay includes.
40:33
Already has yes overtime again for the salary.
40:37
That's just a regular rural carrier here making an
40:41
assumption. Again, we won't know until tax
40:44
time when we get our W twos. So yeah.
40:47
And then, and then for Subs, yeah, Subs are going to be a lot
40:50
easier because it's just I'm going over 40.
40:53
But for the regulars, typically what'll happen is management's
40:58
gonna, well, it'll be the hours that are going towards 20 to 40
41:05
versus 2080, but Subs over 40. So, but we'll see once we get
41:13
closer to it. And I'm, I'm assuming too, I
41:16
mean, I'm pretty sure the union will put something out with it
41:18
too. And it would be nice right now,
41:23
like if because of the fact of like it's going to be easier for
41:27
the Subs to figure it out, but for regulars, because of that
41:32
guarantee year management's always tracking like starting
41:35
Saturday until Friday this week. Well, sorry, last year, you know
41:41
that What is it the third or sorry, the 5th?
41:43
I don't whatever. I'm I keep mixing that up
41:45
October. Yeah, October.
41:48
Hold on, give me a second. I'll go back and look.
41:50
October 5th of last year. Yeah, yes.
41:54
So they're tracking it from there.
41:57
So if you wanted to see like if you wanted to look at it for
42:02
yourself, you would have to subtract out the hours from
42:07
October 5th of 2024 to December 31st of 2024 and then calculate
42:17
out, you know, they might have it.
42:20
They usually have like a list of of the 2240 hours but Subs it'll
42:26
be easier. Yeah, that that's a whole lot of
42:28
legal ease that a lot of people won't understand.
42:32
But like I said in in layman's terms, we fall under FLSA even
42:37
though we're technically salary as regular carriers, it puts us
42:41
under that FLSA. And so we are not the exempt
42:45
salary that people that would be exempt from being under FLSA.
42:49
So yes. Yeah.
42:51
And I've, I've also had a lot of people, you know, over the years
42:55
that have been like, you know, in different, different states
42:58
have different rules for breaks. And because we're federal
43:04
workers like me, finding out that the Fair Labor Standards
43:09
Act is not what gives you breaks.
43:11
It's usually like localized to states, but we have it in our
43:15
contract. It that's just, that was crazy
43:18
to me. And it's like, why can't we
43:20
amend that so that like, what if you work 2 hours, you get a 10
43:26
minute break, or if you work 4 hours, you get, yeah, a 10
43:30
minute break. And then what, 5 hours?
43:33
You get a 10 minute break and a 30 minute lunch, you know, Or 8
43:36
hours you get 30 minutes and then two 10s you know, or 15,
43:40
you know. It just depends on the state,
43:42
but here we don't. We don't have that and I think
43:46
it's after five hours they're required to offer and then
43:51
depending on the like I work for a company, it was after five you
43:54
were eligible for a 30 minute lunch.
43:57
After six you were required to take it.
43:59
Nice. Well, to kind of bookend this
44:02
too, if you have, if you want to look up anything that we were
44:05
saying Josh was reading, what was it, Article 9.29, Right, 92.
44:13
And then yeah, you can also go on to the union website and go
44:18
under fair. If you go into the Steward
44:20
Reference Guide and you look up Fair Labor Standards Act,
44:23
there's a document in there that's called the analysis of
44:26
the FLSA provisions of the NRLCA agreement.
44:31
And it breaks down what Josh was reading even more so and and
44:39
draws it out. And there's even like AQ and A
44:42
at the back of it. And like I said, it's a little
44:44
dated, but it's still, it's still prevalent now more than
44:48
ever. And then the stuff I read at the
44:52
beginning is on the, well, there's oh, and the other stuff,
44:55
irs.gov has the no tax on overtime information.
45:00
And then the Department of Labor has the whole documentation of
45:05
the Fair Labor Standards Act if you really want to invigorate
45:10
yourself like I do with the Fair Labor Standards Act.
45:14
So, but I think that's it. All right.
45:18
I know you're. Ready to wrap this up tonight?
45:23
I think so. I think so.
45:25
Now that we're all asleep, though, we're.
45:28
Yeah, yeah, yeah. No, we wanted to get that out.
45:30
This is initially what we were going to talk about for this
45:33
week, so ahead and hopped on an extra day and got it talked
45:37
about for next week. And so this will come out
45:40
regularly scheduled, and I have a toddler who wants to play with
45:45
everything who needs to go to bed.
45:47
So we're going to, you know, I'm not going to, you know, final
45:52
words for anybody. We're just going to go ahead and
45:55
sign off a little bit. Short right out into the sunset.
46:00
Yeah, don't. Don't let it brain meld you,
46:02
because then you'll know how we feel when we leave National
46:04
Convention. Yes.
46:09
But on that note guys, stay safe.
46:11
You're one of the. Go ahead.
46:12
I was saying unless you're one of those weirdos like Meow who
46:15
loves this kind of thing. Oh.
46:17
I do too. Don't get me wrong, I I do.
46:19
It's sometimes. Right.
46:21
And I have a diaper that just leaked on my lap so.
46:25
Yeah. All right.
46:26
Yeah, you're all good. Guys, you're all nice out there.
46:29
I will enjoy Little Italy, Italy and post literatures and well,
46:36
you know, we'll talk to you guys next time.
46:40
Bye, guys. You have a good one.