Repeal FLSA overtime exemption for truckers

Discussion in 'Trucking Industry Regulations' started by bandit74, Jul 4, 2015.

  1. bandit74

    bandit74 Light Load Member

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    Jul 4, 2015
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    I think it's about time truckers get overtime pay like everbody else. Time and half over 40, and double time over 60.
     
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  3. 315wheelbase

    315wheelbase Heavy Load Member

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    Yes truck drivers are treated like second class citizens as far as the government is concerned,, many protections under the law do not apply to trucker like the over time exemption and the ability of cops/dot inspectors to punish drivers with out due process such as finding a log book violation and shutting the driver down as well as being able to search a truck with out a warrant..maybe things will change with illegals low able to get drivers licenses.
    The law actually states that if transportation jobs involves safety then the company is exempt from over time laws,,but secretaries and dispatchers can get it,,
    I love my country but the government sucks,
    English is our official language because our Constitution is written in English
    If you want to come to America legally and become an American you are welcomed If you do not want to become an American and citizen the keep out. If you came to America illegally then get the hell out now!
     
  4. chalupa

    chalupa Road Train Member

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    Houston,Texas
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    The law does not provide double time to anyone and OT is after 40. The FLSA was enacted in 1933 or right in there somewhere. It is agreeably unfair to truckers and several other groups and it has been challenged many times. Lobbyists work very hard to keep it solidly in place.

    Here's one for you....the carriers mechanics are exempt from OT too, but they get it and I wonder why......because they won't tolerate this. You pay me or I'll move on is why.

    A wise old driver ( cousin to wise old Indian ) once told me a very true statement. He said the driver is his own worst enemy and therein lies the truth. If we only had a spine.......all of us. We could cripple our enemies in less than a week, 2 at max yet we do nothing.
     
    average joe Thanks this.
  5. tscottme

    tscottme Road Train Member

    The idea behind exempting drivers in safety sensitive parts of the transportation industry was to lessen the temptation of bosses to pressure these employees to rush through their job and create unsafe conditions. Your boss/company can start paying overtime any time he wants, he's just not required to do it. Go work someplace else. BTW, I get no OT, while others in my company doing similar work do get OT. If OT pay is very important. work where you get it.

    If the FLSA exemption was removed your boss could simply tell you to finish the work by X p.m. or you are fired. Or he could schedule you for 30 hours per week, leaving a cushion of 10 hours for SNAFUs and drivers would quit looking for more hours. Changing jobs is a lot easier and faster than waiting on the Easter Bunny from D.C.
     
  6. buzzarddriver

    buzzarddriver Road Train Member

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    Dallas, TX
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    Rather than mandating overtime for drivers, maybe the government should mandate that drivers weekly pay should at least be inline with minimum wage laws.
    When the wheels aren't turning, your not making any money. But, it usually isn't the drivers fault they are sitting in a truck stop somewhere for two days waiting for the company to find them a load. Or the old song and dance of the dispatcher telling you to call back in a couple of hours, and then keep telling you this all day long. If you were on the clock, being paid Federal minimum wage, i think you wouldn't sit around quite as much.
     
  7. tscottme

    tscottme Road Train Member

    Minimum Wage law still applies, but you have to keep the records and do the math yourself. You don't get paid to sleep, only drive and work. It's another reason not to lie on your logs. You can probably only collect any deficiency by lawsuit, so be prepared to get another job if you sue. BTW, if you aren't making more than Minimum Wage there is no reason to be driving a truck, except the free coffee and prestige ;)

    Nothing in the FMCSA requires drivers be paid by the mile, by the load, percentage of load, or by the hour. It's an agreement between the company offering a job and the applicant that accepts it. Shop around.
     
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