Let me open this can of worms : What provision of the above mentioned act allows a motor carrier to legally avoid paying us overtime ?
FLSA and driver overtime pay
Discussion in 'Trucker Legal Advice' started by chalupa, Aug 3, 2010.
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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. -
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 Although, with today's HOS laws, it should be Repealed.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
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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.
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Airline employees also are exempt from normal overtime laws in some form. I dont know the specifics.
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So, how do you get paid time and a half when you are paid per mile?
rambler Thanks this. -
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. -
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. -
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. -
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