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Thread: TLPA Still Working On Taking Money From Drivers Pockets

  1. #1
    Super Moderator gunny's Avatar
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    TLPA Newsletter April 2008

    Hot on the agenda during the TLPA Limo & Sedan Steering Committee meeting held on 18 March 2008 in Vegas was Florida's TLPA Board Members discussing the real important issue of relieving themselves from the burdensome requirments to pay their employees overtime wages.

    Their strategy? Having a Federal Judge declare that limo drivers somehow qualify for taxicab driver exemption from overtime wages.

    Lets see, limo drivers are assigned jobs by the operator, they must wear the prescribed uniform, they perform the work in the operators vehicle, the operators incurs all costs of the vehicle & all of this somehow equates to a taxicab scenario whereas the taxi drivers fork over $500+ weekly to lease a vehicle & the drivers pay for the operation of that vehicle & the Taxi Baron they lease that vehicle from only cares if the driver hustles enough to pay the weekly nut.

    If Florida based Taxihead TLPA Directors Carla Boroday (yes, the same Carla who is a NLA Director), Robert Boroday (any relation to Carla?), Dave (oppose new market entry) Shaw are so concerned with paying out OT, maybe they should go straight I.C.'s & avoid all the angina.

    This is definitely a Federal Complaint that I must get my hands on so I can see what kind of bullshit they're placing before a Federal Judge.

    Oh yeah, the TLPA Executive Committee added 5 new objectives under Goal 1 of the stategic plan including:
    "Opposing expansion of interstate transportation status to passengers arriving or departing from transportation terminals via for-hire ground transportation carriers"

    It's all part of that keeping it under the control of the local extortionist the cabbies pay off. Right LAX providers?
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

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    "Opposing expansion of interstate transportation status to passengers arriving or departing from transportation terminals via for-hire ground transportation carriers"
    Gunny my minds a bending! Isn't giving passengers interstate transportation status the one thing the Limo industry can do now to avoid paying overtime to drivers legally? Why they trying to take that away on one hand and also trying to find a way to classify limo drivers as taxi drivers to also avoid OT?

    I cant even explain it clearly it's so convoluted! What they really trying to acomplish?
    Steve Walker ppvsteve@gmail.com

  3. #3
    Super Moderator gunny's Avatar
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    Originally posted by Steve W.:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">"Opposing expansion of interstate transportation status to passengers arriving or departing from transportation terminals via for-hire ground transportation carriers"
    Gunny my minds a bending! Isn't giving passengers interstate transportation status the one thing the Limo industry can do now to avoid paying overtime to drivers legally? Why they trying to take that away on one hand and also trying to find a way to classify limo drivers as taxi drivers to also avoid OT?

    I cant even explain it clearly it's so convoluted! What they really trying to acomplish? </div></BLOCKQUOTE>

    Funny shit isn't it? They want to keep their greedy fingers on market entry restrictions which would be lost if a blanket "interstate" status was issued yet, they don't want to pay their drivers OT which would be accomplished with that "interstate" status being issued. Pure Greediness on the TLPA Directorship.

    The biggest losers with the games they are playing are the intercounty operators who have to put up with all the repetitive licensing bullshit.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

  4. #4

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    It's all part of that keeping it under the control of the local extortionist the cabbies pay off. Right LAX providers?[/QUOTE]

    I caught an LAX Commission meeting on the gov channel recently where it took 2 hours for all the cab drivers to rant and rave about the situation at LAX. There is a corrupt company entrenched there that has a stranglehold on the coming and going of cabs, etc. The wealthy cab company owners pay off the Commission and nothing changes at one of the largest, busiest airports on the planet. They are still nickel and diming when they should be joining the 21st century in terms of technology and transportation. The cabbies were yelling at each other, the paid toady cabbies of the companies who control everything were all dressed in crisp, white shirts and all spewed the party line. The others who were making an attempt at organizing were constantly shouted at and interrupted. One commission member finally said something about it even though the body never followed proper procedures the entire time. It was a mess.
    On the other hand, we limousines and car services are targeted and treated as potential arrest subjects whenever we enter LAX. The same company was re-awarded the contract for handling LAX fees and parking in a RFP that I didn't see until after the closing of the bid process, not like anyone else would have been awarded the contract. They promised to install multiple, automated toll booths for the thousands of limousines, cars and buses that roll through the holding lots and haven't yet and probably never will [with a wink and a nod from the airport commission]. They still have ONE BOOTH with ONE HUMAN punching ONE OLD CASH REGISTER to take the 3 bucks or more from every vehicle, give change for nothing over a $20 and no more coins if you please. The line sometimes stretches back to the entrance to the airport which has the worst traffic and road access to any major airport I've ever seen. Cars back up ONTO THE FREEWAY AND INTO THE SURROUNDING AREA nearly every day due to the never finished construction but mostly due to the ham-fisted police presence at every access point. They actually close down lanes so they can park their squadcars and put up a nice tent and proceed to search the cars of little old ladies and soccer moms. Its a tragic joke. They however leave one semi-secret entrance free so the taxis can bypass the nonsense and drive right in, thanks to the "donations" of the cab companies to the commission. When I use that entrance I am often evil eyed by the nearby cops. They also changed and restricted street parking near the entrance to the special access road since we were parking there after leaving the holding lot, which is another tragic joke. If you get caught in the traffic jams it can take up to 30 minutes or more to get through a single traffic light where all the entrances converge to the arriving flights. Once there you are threatened with ticketing and towing even before you can open the trunk and load your clients, all at the behest of the same cab company owners who receive preferential treatment. This in a city that lives on Car and Limousine transportation. It is an embarrassment and travelers often remark about it. LAX is an experiment in incompetence and corruption.

  5. #5
    Super Moderator gunny's Avatar
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    Title 49 U.S.C. ss 13102 ( 20 )
    ( 20 ) Taxicab Service -
    ( B ) is offered by a person that -
    ( ii ) does not primarily provide transportation to or from airports.


    So the question remains, if the US Congress has decreed that taxicab services are not the primary providers of ground transportation to & from airports, who is the primary provider?

    Over the past several years & in reading many case laws federal courts look upon the operations of the transportation services in determining if there is a sufficient nexus to declare the "intrastate" transportation to be within the stream of interstate commerce.

    If folks are making the ground transportation integral to their overall interstate transportation plans the courts will look upon this as interstate in nature. If a cab or limo is sitting on the curb at the airport waiting for walk-ups, the courts have ruled these operations or not operating within a stream of interstate commerce. Look at the operations of limo operaters who have airport contracts & their positions within the industry or who operate as semi-quasi taxicab operations & even have taxicab fleets.

    For too long certain elements have deflected the sinister moves and stances they take by convincing the larger limo population of smaller operators that the evil lies within all of these illegal operations. So while the smaller operators are distracted by chasing ghosts [ever wonder why lack enforcement?] the taxiheads are weaving their evil plans to economically regulate smaller operations out of business.

    Anyone ever hear about the federal law I started this post with? How about the federal preemption over charter buses? Think that this just applies to the large over-the-road motor coaches? I have a "went nowhere federal bill" that would of placed certain van/small bus operations under state control with exception to "charters" validating that Congress means for the preemption to apply to all buses providing chartered transportation. Why is it that the limo big shots have not developed terminology more consistant with DOT? Why are 10 passenger motor coaches referred to as "limousines" whereas under various federal definitions they are buses? Why doesn't local associations repeatedly recite the federal definition of taxicab at every meeting whereas the taxi clowns are imploring regulators to restrict limos from their claimed turf at the airports?

    Instead, as in Tampa, the limo taxiheads support the taxi clowns position & attempt to close the market for limos & restrict competition at the airport. And who was these 2 taxiheads? The GM for a NLA Director & a Board Member of the TLPA.

    Time for smaller operators to wake the fark up & stop being the chumps that a major percentage are & recognize the true enemy.

    If you belong to the TLPA, resign now. This is a taxicab controlled organization & they have zero good wishes for limo operators. If you are NLA, start demanding action & not the bullshit rhetoric they have been dishing out year after year & Demand for the removal, any Taxihead Director who supports taxi style repression of market entry & stands against what the majority provides, ground transportation within the stream of interstate commerce.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

  6. #6

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    I wrote an article a few years ago entitled " Regulation & The Third World Blues " that pretty much covered regulatory issues in this country. Certain Nazi jurisdictions were discussed. The article was not accepted for publication because it was seen as too hard-hitting. I am writing these words because I deeply appreciate the time you have put into your website www.thefita.com . I particularly enjoy reading about the continuing antics of ex-Commissioner Cox.
    Originally posted by gunny:
    TLPA Newsletter April 2008

    Hot on the agenda during the TLPA Limo & Sedan Steering Committee meeting held on 18 March 2008 in Vegas was Florida's TLPA Board Members discussing the real important issue of relieving themselves from the burdensome requirments to pay their employees overtime wages.

    Their strategy? Having a Federal Judge declare that limo drivers somehow qualify for taxicab driver exemption from overtime wages.

    Lets see, limo drivers are assigned jobs by the operator, they must wear the prescribed uniform, they perform the work in the operators vehicle, the operators incurs all costs of the vehicle & all of this somehow equates to a taxicab scenario whereas the taxi drivers fork over $500+ weekly to lease a vehicle & the drivers pay for the operation of that vehicle & the Taxi Baron they lease that vehicle from only cares if the driver hustles enough to pay the weekly nut.

    If Florida based Taxihead TLPA Directors Carla Boroday (yes, the same Carla who is a NLA Director), Robert Boroday (any relation to Carla?), Dave (oppose new market entry) Shaw are so concerned with paying out OT, maybe they should go straight I.C.'s & avoid all the angina.

    This is definitely a Federal Complaint that I must get my hands on so I can see what kind of bullshit they're placing before a Federal Judge.

    Oh yeah, the TLPA Executive Committee added 5 new objectives under Goal 1 of the stategic plan including:
    "Opposing expansion of interstate transportation status to passengers arriving or departing from transportation terminals via for-hire ground transportation carriers"

    It's all part of that keeping it under the control of the local extortionist the cabbies pay off. Right LAX providers?
    Dean Schuler

  7. #7

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    The criminals need to be removed...
    Dean Schuler

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    Super Moderator gunny's Avatar
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    Originally posted by Dean Schuler:
    The criminals need to be removed...
    One would be surprised (or maybe not) what arrest/court record searches cough up on some of the darlings of the limo industry.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

  9. #9

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    Gunny, Any time you want we can start running their records. I know how to do that at the level we need.
    Originally posted by gunny:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Dean Schuler:
    The criminals need to be removed...
    One would be surprised (or maybe not) what arrest/court record searches cough up on some of the darlings of the limo industry. </div></BLOCKQUOTE>
    Dean Schuler

  10. #10
    Senior Member Limo Padawan ziggyburd's Avatar
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    I'm sure we have our fair share of them in our area too. I may even know a few of them who work with me.
    Last edited by ziggyburd; September 1st, 2008 at 02:21 AM.
    Zane Burdette
    St. Petersburg, FL

    http://www.thefita.com/

    Malcontent Member

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    Super Moderator gunny's Avatar
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    Aventura, Carey, Associated, Coastal etc..

    All getting or have been hit with lawsuits under Federal Fair Labor Standards Act

    This law firm must be the scourge of Miami Limo Ops

    Glasser, Boreth Ceasar & Kleppin
    8751 W. Broward Blvd .
    Suite 10 5
    Plantation, FL 33324
    Tel. (954) 424-1933
    Fax (954) 474-7405
    E-mail: Glabor@aol.com
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

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    Senior Member PhillyLimoGuy's Avatar
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    Quote Originally Posted by gunny View Post
    Aventura, Carey, Associated, Coastal etc..

    All getting or have been hit with lawsuits under Federal Fair Labor Standards Act

    This law firm must be the scourge of Miami Limo Ops

    Glasser, Boreth Ceasar & Kleppin
    8751 W. Broward Blvd .
    Suite 10 5
    Plantation, FL 33324
    Tel. (954) 424-1933
    Fax (954) 474-7405
    E-mail: Glabor@aol.com
    Out of those companies listed above, only Carey has a true I/O operational agreement in place.

    A little birdie in Carey management told me the following... The one issue where prosecutors challenged the I/O contract that Carey had signed by the I/O stated that "Carey" most be the only company branded name on I/O's vehicle, and that driver must "always" be in Carey company uniform. The Carey legal department changed that wording real quick, especially for their I/O contracts in Florida.

    Overall, Carey has a good dual service contract in place that has held up many times in court when lost wage was challenged.

    As for Aventura, Neil and Ron got their hands full with many legal issues. Why do you think they marketed that they hired in house council in all the trade magazines. It really sucks when your state is bordered by two bodies of water, and you cannot apply interstate commerce act to your business.
    Philadelphia Limousine Guy

  13. #13
    Super Moderator gunny's Avatar
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    Quote Originally Posted by PhillyLimoGuy View Post
    Out of those companies listed above, only Carey has a true I/O operational agreement in place.

    A little birdie in Carey management told me the following... The one issue where prosecutors challenged the I/O contract that Carey had signed by the I/O stated that "Carey" most be the only company branded name on I/O's vehicle, and that driver must "always" be in Carey company uniform. The Carey legal department changed that wording real quick, especially for their I/O contracts in Florida.

    Overall, Carey has a good dual service contract in place that has held up many times in court when lost wage was challenged.

    As for Aventura, Neil and Ron got their hands full with many legal issues. Why do you think they marketed that they hired in house council in all the trade magazines. It really sucks when your state is bordered by two bodies of water, and you cannot apply interstate commerce act to your business.

    I am now looking over Perez et all v. Carey (Miami). The Defendants Response has the IO agreements. Very interesting.

    As far as Interstate Commerce, suggest all read the initial post in this thread. The clowns can't have it all. Can't play "limit the definition of interstate commerce" to avoid no local authority/protection then cry "Interstate Protection" when drivers bring suit for OT.

    Besides, Federal Courts only consider intrastate ground transportation integral to interstate commerce when that transportation is part of the travelers overall travel scheme. The limos sitting on line at an airport are no more engaged in interstate commerce than their taxicab brethren.
    Last edited by gunny; January 23rd, 2009 at 08:06 PM.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

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    Super Moderator gunny's Avatar
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    Quote Originally Posted by PhillyLimoGuy View Post
    Out of those companies listed above, only Carey has a true I/O operational agreement in place.

    A little birdie in Carey management told me the following... The one issue where prosecutors challenged the I/O contract that Carey had signed by the I/O stated that "Carey" most be the only company branded name on I/O's vehicle, and that driver must "always" be in Carey company uniform. The Carey legal department changed that wording real quick, especially for their I/O contracts in Florida.

    Overall, Carey has a good dual service contract in place that has held up many times in court when lost wage was challenged.
    I read over a 40+ page Carey IC contract. Reads like a sharecropper taxicab indentured servitude agreement. $45k to get in with a down payment & monthly installments, 40% of gross to Carey including phone call charges (the IC owns the phone), can use any dark vehicle but only if the vehicle is approved by Carey (legal doublespeak), encouraged to pass out biz cards but the cards must have Carey's # on it so all biz generated goes through Carey, can't hook up with another limo op, agreement void if vehicle is not available 31 or more days during a calendar year............ (note: this agreement dated 1998)
    Last edited by gunny; January 24th, 2009 at 08:07 AM.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

  15. #15

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    Robert and Carla Boroday are husband and wife.

    Gunny, here's what I don't understand- why is overtime even an issue?

    The companies that you mentioned pay their chauffeurs by percentage for each job (20 percent of the fare, and 20 percent added gratuity, as an example- it varies from company to company)

    Can you elaborate more on why these companies are being sued?


    SFC

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