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demmiblue

(36,862 posts)
Mon Jul 9, 2018, 11:52 AM Jul 2018

Trump's Personal Driver for 25 Years Sues for Unpaid Overtime

Source: Bloomberg

Donald Trump’s personal driver for more than 25 years says the billionaire real estate developer didn’t pay him overtime and raised his salary twice in 15 years, clawing back the second raise by cutting off his health benefits.

Noel Cintron, who is listed in public records as a registered Republican, sued the Trump Organization for about 3,300 hours of overtime that he says he worked in the past six years. He’s not allowed to sue for overtime prior to that due to the statute of limitations.

“In an utterly callous display of unwarranted privilege and entitlement and without even a minimal sense of noblesse oblige,” Trump and his businesses exploited the driver, Cintron says in the complaint.

Cintron says he was required to be on duty for Trump starting at 7 a.m. each day until whenever Trump, his family or business associates no longer required his services. He worked as long as 55 hours per week, but was paid a fixed salary of $62,700 in 2003, $68,000 in 2006, and $75,000 in 2010, according to the complaint.

Read more: https://www.bloomberg.com/news/articles/2018-07-09/trump-s-personal-driver-for-25-years-sues-for-unpaid-overtime?cmpid%3D=socialflow-twitter-politics&utm_source=twitter&utm_medium=social&utm_campaign=socialflow-organic&utm_content=politics

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Trump's Personal Driver for 25 Years Sues for Unpaid Overtime (Original Post) demmiblue Jul 2018 OP
republican family-values role model Dirty Donny* suckers another one Achilleaze Jul 2018 #1
OMG he stiffed his driver too? bucolic_frolic Jul 2018 #2
I'll bet that driver knows a LOT about Trump's activities. lagomorph777 Jul 2018 #4
this was my first thought, too. MBS Jul 2018 #9
That is probably true sdfernando Jul 2018 #19
NDA does not protect from a subpoena; covering up illegal activity is not allowed, period. lagomorph777 Jul 2018 #20
A subpoena to testify would be an exception to an NDA? I guess so... Honeycombe8 Jul 2018 #56
A contract to hide illegal activity is not legally valid. Judges overrule them. lagomorph777 Jul 2018 #60
Enter Michael Avenatti... lunatica Jul 2018 #39
A WHOLE LOT, lago!! And I wonder what drumph's bodyguard, Keith Schiller, is up to these Leghorn21 Jul 2018 #29
That'sa pretty good wage for a driver. Crutchez_CuiBono Jul 2018 #3
It is, but he's entitled to overtime no matter what his base wage was, The Velveteen Ocelot Jul 2018 #7
Not sure about that. MGKrebs Jul 2018 #10
He doesn't meet the criteria for an exempt employee, so he's entitled to overtime The Velveteen Ocelot Jul 2018 #13
he could be classified as an administrative exemption. MGKrebs Jul 2018 #17
Not if he's just a driver. He just drives where he's told using his employer's vehicle, The Velveteen Ocelot Jul 2018 #21
I agree. This one seems like a crystal clear violation of the FLSA. Pacifist Patriot Jul 2018 #42
Bet he doesn't qualify to be paid OT........ Bengus81 Jul 2018 #45
Under the FLSA he's clearly not an exempt employee. The Velveteen Ocelot Jul 2018 #46
I'm wondering if DT will try to claim that he's not a spooky3 Jul 2018 #49
"Domestic service workers such as day workers, housekeepers, chauffeurs, rocktivity Jul 2018 #59
No--he definitely does not qualify as administrative. spooky3 Jul 2018 #48
He was on call all the time lunatica Jul 2018 #40
So Noel did you vote for the sexual predator? You knew what he did to mom and pops right? turbinetree Jul 2018 #5
Are you suggesting he should've quit his own job in solidarity with building contractors? Demit Jul 2018 #12
Maybe not quit in solidarity with the workers he stiffed, but I'd sure think long and hard about catbyte Jul 2018 #25
Yes.................I think off myself as being a human being, that should be paid a fair and turbinetree Jul 2018 #32
Crook, thief, cheater, liar dalton99a Jul 2018 #6
Wonder if any of the Trumps even know how to drive? Capperdan Jul 2018 #8
Spanky can drive a golf cart; I wouldn't trust him with anything bigger than that. The Velveteen Ocelot Jul 2018 #14
Donald Trump is a shit human being. LudwigPastorius Jul 2018 #11
What a surprise! Not. Chalco Jul 2018 #15
Figures...rump has no loyality, no sense of paying anyone what's a fair and decent wage, ... SWBTATTReg Jul 2018 #16
First mistake, you agreed to work for Trump. Sneederbunk Jul 2018 #18
True. But he's been working for them for many years.... Honeycombe8 Jul 2018 #28
"Before it was known how truly horrible a human being he is." LudwigPastorius Jul 2018 #31
He was an ordinary but famous crooked wheeler & dealer in Manhattan real estate. Honeycombe8 Jul 2018 #34
"What we know now is different from what we knew about him then." LudwigPastorius Jul 2018 #54
Maybe some. I sure didn't. I'd been watching him for decades on tv & reading about him... Honeycombe8 Jul 2018 #55
even chelsea catsudon Jul 2018 #57
Not really sure about the legal issues here, but I would think it smart to focus on the Raven123 Jul 2018 #22
As Trump has stated: "I love spending OPM! Other people's money!" Honeycombe8 Jul 2018 #30
The Base won't care and zentrum Jul 2018 #23
Location. Location. Trump's driver had to pay New York rents (or housing prices) Sophia4 Jul 2018 #33
Yeah...high cost of living area. Honeycombe8 Jul 2018 #35
It's sleazy and wrong, but unless he was an hourly employee, how could he sue for catbyte Jul 2018 #24
I don't know the facts about his case, but just because your boss says you are or are not Sophia4 Jul 2018 #36
No...there are laws defining which jobs get O.T. & which don't. Honeycombe8 Jul 2018 #37
A salaried employee can still be entitled to overtime if they don't meet the criteria The Velveteen Ocelot Jul 2018 #47
OMG! 3,300 hours of OT, and that's only for the last 6 years???? And cut off his health benefits? Honeycombe8 Jul 2018 #26
What a CHEAP man-boy Trump is! riversedge Jul 2018 #27
Appears trump was one of those folks who forced employees to sign up with Obamacare. Hoyt Jul 2018 #38
No surprise. This is the man that cheated the Freedom Kids. Ohioboy Jul 2018 #41
If I won the lottery TexasBushwhacker Jul 2018 #43
"I hire only the best people! I never said anything about paying them." JDC Jul 2018 #44
Remember the last time one of Barrack Obama's employees even had a negative thing at all ... marble falls Jul 2018 #50
There are job openings at Mar a Lago. They could use some American workers. keithbvadu2 Jul 2018 #51
Unless he also performed job duties of a professional, administrative rocktivity Jul 2018 #52
Donald Trump's Former Chauffeur Alleges He Was Stiffed Out Of Nearly $175,000 In Overtime Pay Judi Lynn Jul 2018 #53
Scrooge McTrump rlegro Jul 2018 #58

Achilleaze

(15,543 posts)
1. republican family-values role model Dirty Donny* suckers another one
Mon Jul 9, 2018, 11:53 AM
Jul 2018
* aka republican Draft-Dodger-in-Chief

lagomorph777

(30,613 posts)
4. I'll bet that driver knows a LOT about Trump's activities.
Mon Jul 9, 2018, 11:57 AM
Jul 2018

And with a big axe to grind, that could be very bad for Turd.

sdfernando

(4,935 posts)
19. That is probably true
Mon Jul 9, 2018, 12:23 PM
Jul 2018

but I'm 100% sure he was required to sign and NDA just like all the rest of the suckers that work for him. Not sure how that will play out in this law suit.

lagomorph777

(30,613 posts)
20. NDA does not protect from a subpoena; covering up illegal activity is not allowed, period.
Mon Jul 9, 2018, 12:25 PM
Jul 2018

And there has no doubt been a LOT of illegal activity.

Honeycombe8

(37,648 posts)
56. A subpoena to testify would be an exception to an NDA? I guess so...
Mon Jul 9, 2018, 06:33 PM
Jul 2018

but maybe not?

The things he knows may not be about "illegal activities." It's just the who and when that he may know, to help connect dots.

Trump had a mtg on a certain date. Chauffeur may recall taking him there...and who was with him. And who was waiting for him. How long the meeting lasted and where it was.

Things like that.

I wonder if there's a driver log? Hmmmm. Just his time cards, tho, probably.

Leghorn21

(13,524 posts)
29. A WHOLE LOT, lago!! And I wonder what drumph's bodyguard, Keith Schiller, is up to these
Mon Jul 9, 2018, 12:51 PM
Jul 2018

days, too!!!!!!! Between the driver and the bodyguard, surely there is a wealth of nasty, damning, delicious information to be found...YUMMY!!!

Crutchez_CuiBono

(7,725 posts)
3. That'sa pretty good wage for a driver.
Mon Jul 9, 2018, 11:55 AM
Jul 2018

The insurance part sucked. He has a right to redress if he feels wronged under the law.

The Velveteen Ocelot

(115,732 posts)
7. It is, but he's entitled to overtime no matter what his base wage was,
Mon Jul 9, 2018, 12:02 PM
Jul 2018

and taking his insurance away to offset his "raise" is just heinous.

MGKrebs

(8,138 posts)
10. Not sure about that.
Mon Jul 9, 2018, 12:07 PM
Jul 2018

If he had an employment contract that specified those working hours/conditions, I would think he would have a tough sell.
I once had a contract (in Georgia) that specified a normal 45 hour week.

The Velveteen Ocelot

(115,732 posts)
13. He doesn't meet the criteria for an exempt employee, so he's entitled to overtime
Mon Jul 9, 2018, 12:12 PM
Jul 2018

under the Fair Labor Standards Act. Whether he had a contract doesn't determine whether he's exempt. https://www.dol.gov/whd/overtime/NPRM2015Archive/faq.pdf

MGKrebs

(8,138 posts)
17. he could be classified as an administrative exemption.
Mon Jul 9, 2018, 12:21 PM
Jul 2018

Administrative Exemptions
To qualify for the administrative employee exemption, all of the following tests must be met:
• The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not
less than $455* per week;
• The employee’s primary duty must be the performance of office or non-manual work directly related to
the management or general business operations of the employer or the employer’s customers; and
• The employee’s primary duty includes the exercise of discretion and independent judgment with respect
to matters of significance

Not sure. But good luck to him anyway.

The Velveteen Ocelot

(115,732 posts)
21. Not if he's just a driver. He just drives where he's told using his employer's vehicle,
Mon Jul 9, 2018, 12:29 PM
Jul 2018

he doesn't make administrative decisions, and doesn't exercise independent judgment. It's basically manual labor.

Pacifist Patriot

(24,653 posts)
42. I agree. This one seems like a crystal clear violation of the FLSA.
Mon Jul 9, 2018, 01:34 PM
Jul 2018

No way he passes any of the threshholds for being classified as exempt.

Bengus81

(6,931 posts)
45. Bet he doesn't qualify to be paid OT........
Mon Jul 9, 2018, 01:39 PM
Jul 2018

This is a BS trick used more and more by employers to screw over workers. Bet he can't win this and should never agreed to a set salary seeing how his hours could vary by a lot each week.

The Velveteen Ocelot

(115,732 posts)
46. Under the FLSA he's clearly not an exempt employee.
Mon Jul 9, 2018, 01:55 PM
Jul 2018

Not even close. He doesn't meet any of the criteria; agreeing to a set salary doesn't make any difference.

spooky3

(34,457 posts)
49. I'm wondering if DT will try to claim that he's not a
Mon Jul 9, 2018, 02:08 PM
Jul 2018

corporate employee, but instead an employee of DT the individual and that FLSA does not apply.

rocktivity

(44,576 posts)
59. "Domestic service workers such as day workers, housekeepers, chauffeurs,
Tue Jul 10, 2018, 12:11 AM
Jul 2018
cooks, or full-time babysitters are covered...as non-exempt...if:

their cash wages from one employer in calendar year 2010 are at least $1,700 (this calendar year threshold is adjusted by the Social Security Administration each year); or

they work a total of more than 8 hours a week for one or more employers."

https://www.dol.gov/whd/regs/compliance/hrg.htm


rocktivity

turbinetree

(24,703 posts)
5. So Noel did you vote for the sexual predator? You knew what he did to mom and pops right?
Mon Jul 9, 2018, 11:58 AM
Jul 2018

And you still drove him around over in Atlantic City NJ when he was stiffing people (contractors) that were paying there employees for health care .....................

 

Demit

(11,238 posts)
12. Are you suggesting he should've quit his own job in solidarity with building contractors?
Mon Jul 9, 2018, 12:10 PM
Jul 2018

Would you?

catbyte

(34,402 posts)
25. Maybe not quit in solidarity with the workers he stiffed, but I'd sure think long and hard about
Mon Jul 9, 2018, 12:47 PM
Jul 2018

staying with an employer who never gave me a raise. Twice in 15 years & the second raise came at the cost of his health insurance. Actually, I'm surprised he had health insurance in the first place.

turbinetree

(24,703 posts)
32. Yes.................I think off myself as being a human being, that should be paid a fair and
Mon Jul 9, 2018, 01:03 PM
Jul 2018

equitable wage and health care benefits, I provide a service................for my work to make someone else or corporation rich off my services.......................without my services they have nothing and they can go find someone else to abuse.................

SWBTATTReg

(22,130 posts)
16. Figures...rump has no loyality, no sense of paying anyone what's a fair and decent wage, ...
Mon Jul 9, 2018, 12:15 PM
Jul 2018

nothing except a dark black void where his soul should be. Pathetic.

I know some remarked about what a good wage it was, but remember, this is NYC...try and make a living given what he was paid?

Yeah, I would pay to hear his stories and dirt...

Honeycombe8

(37,648 posts)
28. True. But he's been working for them for many years....
Mon Jul 9, 2018, 12:51 PM
Jul 2018

Before it was known how truly horrible a human being he is.

I don't blame a working man for taking a legal job that pays well and has benefits for himself & his family.

But he has bent over backwards at trying to get paid his O.T., looks like. I wouldn't have let it go that long....unless he couldn't get other employment that paid the same. Depends a lot on his age, and I suspect there aren't a lot of chauffeur jobs.

LudwigPastorius

(9,155 posts)
31. "Before it was known how truly horrible a human being he is."
Mon Jul 9, 2018, 12:59 PM
Jul 2018

I'm not saying that this guy shouldn't get the money owed him, he definitely should.

However, Trump has been a crook and all around waste of protoplasm for well over 30 years. Back then, a national magazine (Spy) used to do stories on what a piece of crap he was.

Heck, I knew it and I wasn't living in Manhattan back then. I was just a kid working in a bookstore in Texas..

Honeycombe8

(37,648 posts)
34. He was an ordinary but famous crooked wheeler & dealer in Manhattan real estate.
Mon Jul 9, 2018, 01:06 PM
Jul 2018

I don't fault anyone for taking a job like that. Sounds like a good job. A steady, good paying job for a wheeler dealer. ALL the wheeler dealers operate under the table.

But NOW we know just how corrupt and treasonous and mean he is. What we know now is different from what we knew about him then.

LudwigPastorius

(9,155 posts)
54. "What we know now is different from what we knew about him then."
Mon Jul 9, 2018, 04:06 PM
Jul 2018

OK, don't believe it, but there are plenty of people who knew what Trump was about long before he became president.

Honeycombe8

(37,648 posts)
55. Maybe some. I sure didn't. I'd been watching him for decades on tv & reading about him...
Mon Jul 9, 2018, 06:29 PM
Jul 2018

I knew he was egotistical, a philanderer, a NY wheeler/dealer who filed bankruptcies. I did not know he would be the type of person to molest women, cage children, lie every time he opened his mouth about even inconsequential things, that his mentor had connections to the mob, that he sympathized with white supremacists and may have been one himself, etc.

I think a lot of people, including many on tv, including some Democrats, who had known him for years, were surprised by the changes in him, or the revelations, at Trump the birther, Trump the candidate, Trump the Obama-hater.

Raven123

(4,844 posts)
22. Not really sure about the legal issues here, but I would think it smart to focus on the
Mon Jul 9, 2018, 12:32 PM
Jul 2018

Obvious point that the reason Trump is rich is not due to a marvelous business acumen, but due to his ability to convince others to work for him while never paying them fairly. It is the same tactic he used to convince voters. The sad thing is it took his driver over 20 years to figure it out. Trump voters ..... oh well.

Honeycombe8

(37,648 posts)
30. As Trump has stated: "I love spending OPM! Other people's money!"
Mon Jul 9, 2018, 12:52 PM
Jul 2018

When you don't pay the little guys, you get their money to spend on something for YOURSELF! OPM! It's great!

(sarcasm)

zentrum

(9,865 posts)
23. The Base won't care and
Mon Jul 9, 2018, 12:41 PM
Jul 2018

…will even be incensed. They're working two jobs, as much hours as this driver, or more, but making 30K or 40K. So his salary looks good to them.

 

Sophia4

(3,515 posts)
33. Location. Location. Trump's driver had to pay New York rents (or housing prices)
Mon Jul 9, 2018, 01:05 PM
Jul 2018

as well as other New York costs.

And even if you earn $30 per hour, just that pay level does not exempt you from certain other related wage laws.

Compared to workers in other countries, American workers are not doing well when it comes to wage and hours protections among other protections.

Honeycombe8

(37,648 posts)
35. Yeah...high cost of living area.
Mon Jul 9, 2018, 01:07 PM
Jul 2018

I know paralegals in lower COL areas making more than that.

$75k, for someone who has been doing the same job for many years, isn't too much in that area.

catbyte

(34,402 posts)
24. It's sleazy and wrong, but unless he was an hourly employee, how could he sue for
Mon Jul 9, 2018, 12:43 PM
Jul 2018

overtime? Most salaried employees--which it sounds like he was--work over 40 hours/week. I feel for him, but I'm wondering what the legalities are. I don't think personal drivers are under the same time/safety restrictions that, say, airline pilots are under.

 

Sophia4

(3,515 posts)
36. I don't know the facts about his case, but just because your boss says you are or are not
Mon Jul 9, 2018, 01:08 PM
Jul 2018

an exempt employee? Your boss could be wrong about your wage and hour status. The law defines who is or is not an hourly employee or a salaried employee.

We need much better laws on employment issues. It is time to completely revise them.

Honeycombe8

(37,648 posts)
37. No...there are laws defining which jobs get O.T. & which don't.
Mon Jul 9, 2018, 01:10 PM
Jul 2018

I would think a driver would get O.T.

One of the tests for being exempt is that you have some supervisory capacity over other workers. Another test is if your job answers to or is supervised by someone else.

I was a paralegal and got paid a salary and O.T. Paralegals are NOT exempt from getting O.T., unless they are supervisors.

It has nothing to do with whether you get paid by the hr or salary. Salaries, after all, are also paid by the hour...it' just math. If you get a salary but can't take off time when you want, without it affecting your salary...you are really paid for each hour you work. If you get a salary & two weeks' vacation, but you take an extra day off...your salary will be cut for that one day or your benefits will be affected.

The Velveteen Ocelot

(115,732 posts)
47. A salaried employee can still be entitled to overtime if they don't meet the criteria
Mon Jul 9, 2018, 01:59 PM
Jul 2018

for an exempt employee under the Fair Labor Standards Act. Some employers try to get around the FLSA by designating an employee as salaried, but it doesn't work if the person wasn't an office worker who had managerial duties or the power to make independent, discretionary decisions. A driver is more like a manual laborer than an office manager even if he's paid a "salary" instead of an hourly wage.

Honeycombe8

(37,648 posts)
26. OMG! 3,300 hours of OT, and that's only for the last 6 years???? And cut off his health benefits?
Mon Jul 9, 2018, 12:48 PM
Jul 2018

I'm NOT surprised.

Only fools think that Trump has the best interests of ordinary Americans at heart. Truth is, if you're not one of the rich & powerful, you're just one of the unimportant masses.

$75k for his job is not that much for that high-cost of living area. AND they cut his health benefits? That's cold.

I hope he has quit his job. Because if he hasn't, he'll be fired.

TexasBushwhacker

(20,196 posts)
43. If I won the lottery
Mon Jul 9, 2018, 01:38 PM
Jul 2018

and became wealthy overnight, one thing I would do is OVERPAY the people I hired to do the drudgery I don't care to do. I'm not talking about lawyers and accountants. They are already well compensated. But why wouldn't you pay your maid, driver, gardener and/or cook a very generous wage? If they're doing a good job for you, why not make them happy and comfortable with a generous wage? I just don't understand greed.

marble falls

(57,099 posts)
50. Remember the last time one of Barrack Obama's employees even had a negative thing at all ...
Mon Jul 9, 2018, 02:29 PM
Jul 2018

to say about him, his wife or their children?

keithbvadu2

(36,821 posts)
51. There are job openings at Mar a Lago. They could use some American workers.
Mon Jul 9, 2018, 02:53 PM
Jul 2018

There are job openings at Mar a Lago. They could use some American workers.

rocktivity

(44,576 posts)
52. Unless he also performed job duties of a professional, administrative
Mon Jul 9, 2018, 03:35 PM
Jul 2018

Last edited Tue Jul 10, 2018, 10:58 AM - Edit history (4)

or executive nature:
https://www.dol.gov/whd/overtime/fs17a_overview.htm

he was eligible for overtime pay regardless of the size of his salary:
https://www.dol.gov/whd/regs/compliance/hrg.htm


rocktivity

Judi Lynn

(160,542 posts)
53. Donald Trump's Former Chauffeur Alleges He Was Stiffed Out Of Nearly $175,000 In Overtime Pay
Mon Jul 9, 2018, 03:53 PM
Jul 2018

Trump's driver for 20 years alleges that the president never paid him overtime for working nights, weekends, and holidays.

Originally posted on July 9, 2018, at 1:46 p.m.
Updated on July 9, 2018, at 1:59 p.m.

Blake Montgomery
BuzzFeed News Reporter



Donald Trump's chauffeur of more than 25 years has filed a lawsuit alleging that he was never paid nearly $175,000 in overtime wages.

Noel Citron, who was Trump's driver until the Secret Service took over the role in 2016, alleges the president didn't pay him overtime wages for the past six years, a violation of state and federal labor laws.

Cintron's attorney, Larry Hutcher, called it “an utterly callous display of unwarranted privilege and entitlement.”

Cintron worked 550 hours of overtime every year — nights, weekends, holidays — driving Trump, members of the Trump family and their business associates, according to the lawsuit, which describes his schedule as running "from 7 am to whenever Donald Trump, his family or business associates no longer required Plaintiff’s services."

More:
https://www.buzzfeed.com/blakemontgomery/trump-driver-lawsuit?utm_term=.orVnLlMeX#.em8a0Nd91

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