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Thread: TLPA Still Working On Taking Money From Drivers Pockets

  1. #16
    Super Moderator gunny's Avatar
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    Quote Originally Posted by South Fl Chauffeur View Post
    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
    I haven't scoped out all lawsuits but the few I have seen run along the lines that non-IC's were being treated like IC's including being paid like you described whereas minimum wages are not being acheived. One particular case (I think is still in play) filed in Federal Court April 2005 hits the following:

    The Defendant has a regionwide policy of not paying chauffeurs overtime

    Plaintiff was paid a percentage of the charge to the customer for the ride in the limousine, and was not paid overtime, even though he regulary worked many overtime hours per week

    Plaintiff was not allowed to turn down rides that he was assigned by dispatch, was not allowed to work for other limousine companies (or for himself), and was required to follow the orders of dispatch, such as waiting long periods of time for a passenger at the designated pick-up location, or maintaining lengthy on-call status (virtually 24 hours per day)

    Plaintiff (and the other chauffeurs) were required to wear a standard uniform, drive a company vehicle, and maintain company markings on the vehicle,

    The Defendant would pay Plaintiff a percentage of the charge to the customer, but the Defendant would misrepresent what it was charging the customer, thereby shortchanging Plaintiff

    The Defendant maintained complete control over the pay that Plaintiff was to receive, for example, the Defendant determined how much Plaintiff would be paid (and offered him the pay on a take it or leave it basis), when Plaintiff would be paid, and how much the customer would be charged

    Any chauffeurs getting hosed by the NLA's Miami Limo Queens & Kings should contact these folks:

    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
    Last edited by gunny; January 27th, 2009 at 04:42 PM.
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  2. #17

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    I know a chauffeur who worked for Coastal- that was one of the reasons that he left- they were paying him a percentage of the fare- except that they would claim that the fare was less than it actually was! I hope that he pursues something with this law firm.. Very helpful info!

    Gunny, 3 other questions-

    Since some limo companies don't put the amount charged on the trip sheets- is there any way to ask for proof of what the fare was for your trips, without blatantly telling them that you don't trust them?

    Also, for those chauffeurs who do indeed pursue legal remedies, can't they be blackballed- what's to stop the limo companies to talk amongst themselves and blackball a chauffeur that they deem to be a "problem"?

    Last, but not least, is it illegal for any limousine company to bar a chauffeur from working for any other limousine company, while in their employ? I'm sure that there are chauffeurs who just want to pick up a few extra jobs or bucks here and there, why is this even an issue at all with some limo companies?

    thank you!

    SFC

  3. #18
    Super Moderator gunny's Avatar
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    Quote Originally Posted by South Fl Chauffeur View Post
    I know a chauffeur who worked for Coastal- that was one of the reasons that he left- they were paying him a percentage of the fare- except that they would claim that the fare was less than it actually was! I hope that he pursues something with this law firm.. Very helpful info!

    Gunny, 3 other questions-

    Since some limo companies don't put the amount charged on the trip sheets- is there any way to ask for proof of what the fare was for your trips, without blatantly telling them that you don't trust them?

    Also, for those chauffeurs who do indeed pursue legal remedies, can't they be blackballed- what's to stop the limo companies to talk amongst themselves and blackball a chauffeur that they deem to be a "problem"?

    Last, but not least, is it illegal for any limousine company to bar a chauffeur from working for any other limousine company, while in their employ? I'm sure that there are chauffeurs who just want to pick up a few extra jobs or bucks here and there, why is this even an issue at all with some limo companies?

    thank you!

    SFC
    If you're working for percentage of runs especially as an IC I would say you have every right to demand to see original invoices. Called, trust through verification.

    As limo ops have little regard for the law, I'm sure blackballing is an option that is utilized.

    IMO, as an IC, no limo company can prohibit you from offering your service to any other limo op. As an employee, and due to the nature of the biz, I think it would be legit for your employer to have in its' employment agreement stipulations prohibiting employment by a competitor.

    Remember, a true IC is a competitor to every other business.
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    Quote Originally Posted by South Fl Chauffeur View Post
    I know a chauffeur who worked for Coastal- that was one of the reasons that he left- they were paying him a percentage of the fare- except that they would claim that the fare was less than it actually was! I hope that he pursues something with this law firm.. Very helpful info!

    Gunny, 3 other questions-

    Since some limo companies don't put the amount charged on the trip sheets- is there any way to ask for proof of what the fare was for your trips, without blatantly telling them that you don't trust them?

    Also, for those chauffeurs who do indeed pursue legal remedies, can't they be blackballed- what's to stop the limo companies to talk amongst themselves and blackball a chauffeur that they deem to be a "problem"?

    Last, but not least, is it illegal for any limousine company to bar a chauffeur from working for any other limousine company, while in their employ? I'm sure that there are chauffeurs who just want to pick up a few extra jobs or bucks here and there, why is this even an issue at all with some limo companies? thank you!

    SFC
    If you are an I/C then you should ask to see the charges, if an employee good luck, I have seen all kinds of games played with numbers.

    Blackballing goes on all the time, if you are a chauffeur, manager, inside support it does not matter

    Gunny is correct,if you are an I/C you are free to work for anyone you choose. As employee some companies will specifiy that you cannot work for a competing company. Which in my opinion is reasonable.

  5. #20

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    Limo wire and Gunny, very much appreciated.

    SFC

  6. #21
    Super Moderator gunny's Avatar
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    I pulled this out of January 2009 Digest:

    TLPA has announced that Carla Boroday, Associated Limo; Mike Fogarty, TriStar Services and Bill Rouse LA Yellow Cab will chair the 2009 Limo & Sedan steering committee with a focus on 3 issues:

    1. Draft a sample independent chauffeur contract for the limo industry (this will be fun to read)

    2. How to address OT wage issue for employee chauffeurs (duh, what is so hard about paying the guys & gals for time put in?)

    3. How to respond to Avis/WeDriveU

    Now, who do this issues mainly affect?
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  7. #22
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    I used to work for a past president of TLPA and if they would have him for a president, you have to question every decision they make.
    I want to die while asleep like my grandfather,
    not screaming in terror like the passengers in his car.

  8. #23
    Super Moderator gunny's Avatar
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    bump to bury spammer
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  9. #24
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    Default Keeping tabs on this wage lawsuit

    Filed against an NLA Heavyweight in S Florida with trial date set for May.

    The Affirmative Defense includes:

    The Court does not have jurisdiction because Plaintiff providing services for Defendant are exempt under the "motor carrier" exemption because his services were provided substantially for passengers traveling with through ticketing arrangements.

    The Court holds no jurisdiction because his services were provided substantially in a taxicab operator capacity

    Defendant's 6/6/05 response to the complaint sought dismissal based on the preceeding + more. Obviously as a trial date is set, the Court didn't buy it.

    I like that "taxicab" operator defense..... not. Guess the NLA Heavyweight doesn't know that "taxicab services" do not primarily provide airport transportation pursuant to federal law.

    Maybe he/she should start up a taxicab operation as categorizing their chauffeurs as taxicab drivers sure as hell doesn't uphold the image the NLA & LCT wants to project.

    Hence the nickname "Taxihead" applies to this Limo Operator for sure! One would think that the NLA would expel anyone knowing violating federal wage laws & not living up to the NLA code of conduct.
    Last edited by gunny; March 16th, 2009 at 10:57 AM.
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  10. #25
    Senior Member TBLIMO's Avatar
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    Default Is this the lawsuit against Boroday?

    Quote Originally Posted by gunny View Post
    Filed against an NLA Heavyweight in S Florida with trial date set for May.

    The Affirmative Defense includes:

    The Court does not have jurisdiction because Plaintiff providing services for Defendant are exempt under the "motor carrier" exemption because his services were provided substantially for passengers traveling with through ticketing arrangements.

    The Court holds no jurisdiction because his services were provided substantially in a taxicab operator capacity

    Defendant's 6/6/05 response to the complaint sought dismissal based on the preceeding + more. Obviously as a trial date is set, the Court didn't buy it.

    I like that "taxicab" operator defense..... not. Guess the NLA Heavyweight doesn't know that "taxicab services" do not primarily provide airport transportation pursuant to federal law.

    Maybe he/she should start up a taxicab operation as categorizing their chauffeurs as taxicab drivers sure as hell doesn't uphold the image the NLA & LCT wants to project.

    Hence the nickname "Taxihead" applies to this Limo Operator for sure! One would think that the NLA would expel anyone knowing violating federal wage laws & not living up to the NLA code of conduct.
    Is this the lawsuit against Boroday?
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  11. #26
    Super Moderator gunny's Avatar
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    Default What Would LCT's Sara Say About Boroday's Taxi Drivers

    Quote Originally Posted by TBLIMO View Post
    Is this the lawsuit against Boroday?
    Imagine that! A National Limousine Association Board Member applying a "Taxicab Driver" defense to an Overtime Wage Lawsuit.

    South Florida Limo OPs, Cabbies-In-Drag
    Last edited by gunny; March 28th, 2009 at 11:01 AM.
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    Hey Gunny what websites do you use to see if a company is being sued? are you able to read the entire outcome or just the filing?

  13. #28
    Super Moderator gunny's Avatar
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    Quote Originally Posted by happydog View Post
    Hey Gunny what websites do you use to see if a company is being sued? are you able to read the entire outcome or just the filing?
    The Website is PACER which allows a fee based access to Federal Filings

    Will do no good for state courts
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  14. #29
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    Quote Originally Posted by gunny View Post
    If you're working for percentage of runs especially as an IC I would say you have every right to demand to see original invoices. Called, trust through verification.

    As limo ops have little regard for the law, I'm sure blackballing is an option that is utilized.

    IMO, as an IC, no limo company can prohibit you from offering your service to any other limo op. As an employee, and due to the nature of the biz, I think it would be legit for your employer to have in its' employment agreement stipulations prohibiting employment by a competitor.

    Remember, a true IC is a competitor to every other business.
    So are the people in the suit employees or ICs. Since their going for overtime, it must be employee. And this employment agreement that includes a confidentiality clause for the employee could also contain a "commission structure agreement" for services between the company and employee. An employment agreement that spells out a % based compensation. If the employee signs, I don't see the company being liable for overtime.

    What did I miss?
    (high slow pitch to gunny ;-)

  15. #30
    Super Moderator gunny's Avatar
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    Quote Originally Posted by Dr. Gelakeiwicz View Post
    So are the people in the suit employees or ICs. Since their going for overtime, it must be employee. And this employment agreement that includes a confidentiality clause for the employee could also contain a "commission structure agreement" for services between the company and employee. An employment agreement that spells out a % based compensation. If the employee signs, I don't see the company being liable for overtime.

    What did I miss?
    (high slow pitch to gunny ;-)
    Asides from being a year late, what does your questioning have in line with what you quoted? You want answers? Go do the research!
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