FLSA and driver overtime pay

Discussion in 'Trucker Legal Advice' started by chalupa, Aug 3, 2010.

  1. chalupa

    chalupa Road Train Member

    Messages:
    3,490
    Thanks Received:
    1,411
    Joined:
    Jul 22, 2010
    Location:
    Houston,Texas
    Let me open this can of worms : What provision of the above mentioned act allows a motor carrier to legally avoid paying us overtime ?
     
  2. Roadmedic

    Roadmedic Road Train Member

    Messages:
    18,862
    Thanks Received:
    8,749
    Joined:
    Apr 4, 2007
    It is specifically mentioned.

    http://www.flsa.com/coverage.html


    [FONT=Arial, Helvetica, sans-serif]Coverage under the FLSA [/FONT]​
    [FONT=Arial, Helvetica, sans-serif]Most jobs are governed by the FLSA. Some are not. Some jobs are excluded from FLSA coverage by statute. Other jobs, while governed by the FLSA, are considered "exempt" from the FLSA overtime rules.[/FONT]
    [FONT=Arial, Helvetica, sans-serif]Exclusions from FLSA coverage.[/FONT]
    [FONT=Arial, Helvetica, sans-serif]Particular jobs may be completely excluded from coverage under the FLSA overtime rules. There are two general types of complete exclusion. Some jobs are specifically excluded in the statute itself. For example, employees of movie theaters and many agricultural workers are not governed by the FLSA overtime rules. Another type of exclusion is for jobs which are governed by some other specific federal labor law. As a general rule, if a job is governed by some other federal labor law, the FLSA does not apply. For example, most railroad workers are governed by the Railway Labor Act, and many truck drivers are governed by the Motor Carriers Act, and not the FLSA. Many of FLSA exclusions are found in §213 of the FLSA.[/FONT]
     
    truckerdave1970 and chalupa Thank this.
  3. jdmack

    jdmack Bobtail Member

    Messages:
    5
    Thanks Received:
    0
    Joined:
    Apr 2, 2006
    The reason OTR INTERSTATE TRUCK DRIVERS don't get Over Time is because of The ICC Over Time Exemption Act of 1935. Although, with today's HOS laws, it should be Repealed. The Over time Exemption Act was put into place in a time when OTR Truck Drivers could drive as many hours as they pleased. Today, we can only drive 70 hours a week. MAX.. 30 of those hour SHOULD be paid at Time and a half, like all other professions.
     
    Last edited: Jan 19, 2011
  4. jdmack

    jdmack Bobtail Member

    Messages:
    5
    Thanks Received:
    0
    Joined:
    Apr 2, 2006
    Now, as far as The Fair Labor Standards Act (FLSA) is concerned, The FLSA only covers Truck Drivers who drive Trucks (10,000 lbs) and below in Interstate Commerce. All Truck (10,001 lbs) and above, are Governed by the FMCSA and DOT. These agencies EXEMPT over time pay to OTR Truck Drivers.
     
  5. rambler

    rambler Road Train Member

    Messages:
    1,272
    Thanks Received:
    436
    Joined:
    Nov 5, 2007
    Airline employees also are exempt from normal overtime laws in some form. I dont know the specifics.
     
  6. Flying Finn

    Flying Finn Heavy Load Member

    Messages:
    971
    Thanks Received:
    542
    Joined:
    Jun 22, 2010
    Location:
    Ontario, Canada
    So, how do you get paid time and a half when you are paid per mile? :biggrin_25525:
     
    rambler Thanks this.
  7. CondoCruiser

    CondoCruiser The Legend

    Messages:
    19,731
    Thanks Received:
    18,472
    Joined:
    Apr 18, 2010
    Location:
    Tennessee
    It's easy. Since with stopping and stuff, most drivers average around 60 mph. Coincidently the same as 1 hour.

    So after 2400 miles a driver deserves a mile and a half. Example, if you make .36/mi. Anything over 2400 miles should be .54/mi. Can't get anymore fair than that.
     
  8. Flying Finn

    Flying Finn Heavy Load Member

    Messages:
    971
    Thanks Received:
    542
    Joined:
    Jun 22, 2010
    Location:
    Ontario, Canada
    Not really. You could claim that you did tons of miles after your time and few before so you 'claim' to get 1 1/2 you cpm rate for the latter part. Too easy to fudge. Now if e-logs and sat tracking were commonplace and enforced it might work.

    If we all ran on a per hour basis it would be easy to figure out then.
     
    truckerdave1970 Thanks this.
  9. Pumpkin Oval Head

    Pumpkin Oval Head Heavy Load Member

    Messages:
    804
    Thanks Received:
    251
    Joined:
    Jun 24, 2010
    Location:
    Scranton PA

    Also, if you hired on an hourly basis, as I am, you are paid overtime after 40 hours in a week. I work local for a Farm Service company and drive other vehicles in addition to a tractor trailer.

    I would think many of the guys driving day cabs are paid per hour, but these are not OTR drivers like the OP was asking about.
     
    imouthousejr Thanks this.
  10. rockee

    rockee Road Train Member

    Messages:
    1,393
    Thanks Received:
    652
    Joined:
    Apr 17, 2007
    Location:
    Pacific Northwest
    It's not as simple as "if you are hired on an hourly basis" then you are paid overtime. It has to do with interstate commerce and also your state laws
     
Draft saved Draft deleted