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NOEL CINTRON, Plaintiff, -against- TRUMP ORGANIZATION LLC a/k/a TRUMP CORPORATION and TRUMP TOWER COMMERCIAL LLC, Defendant
1 posted on 07/09/2018 10:22:06 AM PDT by TaxPayer2000
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To: TaxPayer2000

>>A New Yorker who had been President Donald Trump’s personal driver for 20 years claims in court that the “purported” billionaire stiffed him on overtime.<<

Lookup the legal concept of “laches.”

Also “perjury.”


2 posted on 07/09/2018 10:24:54 AM PDT by freedumb2003 ("please pass the winnamins" (/Principled on 6/27/2018))
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To: TaxPayer2000

His chauffeur was an hourly employee?


5 posted on 07/09/2018 10:26:17 AM PDT by Ingtar
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To: TaxPayer2000
Former Trump Chauffer Sues for Overtime

I'll do it for$68,000

6 posted on 07/09/2018 10:27:57 AM PDT by publius911 (Rule by Fiat-Obama's a Phone and a Pen)
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Not a “time-clock” position where hours are counted to determine the paycheck. Similar to IT jobs where sometimes you have to work overtime but you don’t get extra pay for it. This is what you agree to when to take on a salaried position. (Me, since 1991)


7 posted on 07/09/2018 10:28:13 AM PDT by USCG SimTech
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To: TaxPayer2000

15 minutes


8 posted on 07/09/2018 10:28:55 AM PDT by onedoug
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To: TaxPayer2000

This guy is still on Trump’s payroll as member of his security staff?


9 posted on 07/09/2018 10:29:03 AM PDT by freedom1st
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To: TaxPayer2000

And how much is this driver being paid to file this law suit? Leftist money is being spread around the world to anyone who can be induced to attack Trump.


10 posted on 07/09/2018 10:29:23 AM PDT by Truth29
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To: TaxPayer2000
"...that while he is purportedly a billionaire, he has not given his personal driver a meaningful raise in over 12 years!”

Did you ever ask for a raise, or make sure there were salary increase clauses in the contract(s) you signed? Moron.

13 posted on 07/09/2018 10:33:45 AM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: TaxPayer2000

Wow, $75,000 a year for sitting around doing nothing most of the time and nothing all the time his boss was out of town. I also remember reading Trump enjoyed driving himself. Sounds like a great gig to me.


16 posted on 07/09/2018 10:35:58 AM PDT by McGavin999 ("The press is impotent when it abandons itself to falsehood."Thomas Jeffersons)
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To: TaxPayer2000

The guy agreed to work under those conditions.

If he didn’t want the job, I’m quite sure someone else would have been thrilled to have the job.

Sounds like he had a pretty decent salary.


17 posted on 07/09/2018 10:36:14 AM PDT by DoughtyOne (Take a look out there folks. Can you see evidence of a Left Wing Hate Group, perhaps fascist too?)
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To: TaxPayer2000
This is up $7,000 from Cintron’s last raise in 2006, but the driver disputes that the 2010 salary was actually a raise since it came at the expense of his health insurance.

Hey, think I have a case? Just about every merit increase I've had in the last 10 years has been offset by a near-matching increase in insurance premiums.

19 posted on 07/09/2018 10:38:24 AM PDT by T. P. Pole
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To: TaxPayer2000
I once had this discussion with my boss.

Me: I want a promotion

Boss: You will lose your time and a half overtime.

Me: The projects are not authorizing overtime and a promotion would allow me a bonus.

I was promoted and worked additional hours but also made more money.

20 posted on 07/09/2018 10:39:34 AM PDT by Starstruck (I'm usually sarcastic. Deal with it.)
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To: TaxPayer2000
Clickbait HuffPost headline.

If he has records, let him present them in court.

22 posted on 07/09/2018 10:41:41 AM PDT by yesthatjallen
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To: TaxPayer2000

Perhaps I missed it in reading the complaint, but if the driver was paid a salary, no overtime is due him. During his employment (and he is still employed), for 20 plus years, this never was an issue, why now?
Finally, as he was ON CALL for any and all issues related to transportation, I wonder if food and lodging were included, if he had a company credit card for his professional requirements as well as personal ones, and if this discussion had transpired previously with Trumps employee he reported to, or directly with Trump or his family. $36/hr to stand by waiting to drive someone somewhere, wash the car and keep it serviced, is an exceptional rate for anyone.
I am sure he had professional clothing provided for him, and cleaning provided as well, plus, over 20 years, had developed friendships with other staff and family.
It is highly suspicious that this cause of action should come at this time.
His suggested overtime rate as well, in this cause of action is not the total amount per hour, it is the Overtime rate, minus the straight time rate.
It is unclear if in a 55 hour week he was paid straight time rate for all 55 hours or only paid for 40 hours. If he is paid a salary and not hourly, he does not get paid Overtime. If he is paid hourly, he has to submit a time card for pay, and must be able to prove he was not paid overtime, and that he worked the hours, which means that the time card had to be signed by his direct supervision.
A dispute on hours would be raised when he worked the overtime hours and did not get paid for them sometime over the 20+ years he worked for the company.
Finally, more than likely he worked for the LLC and not for Trump personally, so the suit, IMO would have to be filed against the company, not Trump specifically.


27 posted on 07/09/2018 10:48:43 AM PDT by Rustybucket
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To: TaxPayer2000

what is a meaningful raise supposed to mean?


32 posted on 07/09/2018 10:56:49 AM PDT by b4me (God Bless the USA)
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To: TaxPayer2000
without even a minimal sense of noblesse oblige

Were I reading this, this is the point at which I would have thrown the filing up in the air and said "fight it. Fight it until that guy doesn't have a dime left!"

Noblesse oblige, even tho it has the word "oblige" in it, is charity that is given because the giver has more than the givee and wants to be nice. It is not an obligation, it is a societal construct that keeps the peasants from rioting. It was practiced usually by royalty.

Calling someone out because you think they weren't charitable *enough* for you is just rude and stupid. I hope this guy gets nothing except huge legal bills. And then we'll find out what Demoncraps are behind this nothingburger.

35 posted on 07/09/2018 11:00:11 AM PDT by blu (WWG1WGA)
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To: TaxPayer2000

This guy would make more money by writing a book about his experiences with Donald Trump.


36 posted on 07/09/2018 11:00:49 AM PDT by Laslo Fripp (The Sybil of Free Republic)
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To: TaxPayer2000

Perqs? Room and board?


38 posted on 07/09/2018 11:03:36 AM PDT by ryderann
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To: TaxPayer2000

The chauffer may have a case. The majority of employers misuse the “Exempt” definition as defined in the FLSA. To be considered “Exempt”, an employee must meet three specific qualifications. The first is to be paid at least $23,600 per year, the second is that they must be paid on a salary basis, and the third is also required. That is, the employee must perform “exempt job duties”. These duties are where the majority of employers violate the law.

There are three typical categories of exempt job duties, called “executive,” “professional,” and “administrative.”

Exempt executive job duties.

Job duties are exempt executive job duties if the employee
1.regularly supervises two or more other employees, and also
2. has management as the primary duty of the position, and also,
3. has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignments).

Exempt professional job duties.

Professionally exempt work means work which is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment. Professionally exempt workers must have education beyond high school, and usually beyond college, in fields that are distinguished from (more “academic” than) the mechanical arts or skilled trades.

Exempt Administrative job duties.

The most elusive and imprecise of the definitions of exempt job duties is for exempt “administrative” job duties.

The Regulatory definition provides that exempt administrative job duties are

(a) office or non-manual work, which is
(b) directly related to management or general business operations of the employer or the employer’s customers, and
(c) a primary component of which involves the exercise of independent judgment and discretion about
(d) matters of significance.

A chauffer would be hard pressed to fit into any of those molds unless the employer can reasonably demonstrate that the chauffer has had extensive professional training, manages at least 2 other chauffers’, or demonstrates independent judgement as a driver.

The tough nut for him to crack is why he agreed to this for 20 years and only now is pitching a fit.


39 posted on 07/09/2018 11:05:17 AM PDT by rjsimmon (The Tree of Liberty Thirsts)
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To: TaxPayer2000
I'm sure that at the time, he thought it was all about the prestige of being Trump's driver. He didn't care about the overtime back then, just the resume enhancer and bragging rights to his friends.

-PJ

52 posted on 07/09/2018 12:09:54 PM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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