Trucking Jobs New Driver Jobs Flatbed Jobs Tanker Jobs Refrigerated Jobs Auto Hauler Jobs
Page 1 of 2 12 LastLast
Results 1 to 10 of 16
  1. #1
    Road Train Member chalupa's Avatar
    Member Since
    Jul 2010
    Location
    Houston,Texas
    Trucker?
    24 Years
    Posts
    3,154
    Thanks
    1,802
    Thanked: 1,186 Times

    FLSA and driver overtime pay

    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. #2
    Road Train Member
    Member Since
    Apr 2007
    Trucker?
    No Answer
    Posts
    18,847
    Thanks
    2,997
    Thanked: 8,764 Times
    It is specifically mentioned.

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


    Coverage under the FLSA
    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.
    Exclusions from FLSA coverage.
    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.

  3. The Following 2 Users Say Thank You to Roadmedic For This Useful Post:


  4. #3
    Bobtail Member
    Member Since
    Apr 2006
    Posts
    5
    Thanks
    0
    Thanked: 0 Times
    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 Although, with today's HOS laws, it should be Repealed.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 by jdmack; 01.19.2011 at 08.27 AM.

  5. #4
    Bobtail Member
    Member Since
    Apr 2006
    Posts
    5
    Thanks
    0
    Thanked: 0 Times
    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.

  6. #5
    Road Train Member rambler's Avatar
    Member Since
    Nov 2007
    Trucker?
    No Answer
    Posts
    1,220
    Thanks
    369
    Thanked: 376 Times
    Airline employees also are exempt from normal overtime laws in some form. I dont know the specifics.

  7. #6
    Road Train Member Flying Finn's Avatar
    Member Since
    Jun 2010
    Location
    Ontario, Canada
    Trucker?
    3 Years
    Age
    41
    Posts
    971
    Thanks
    156
    Thanked: 539 Times
    So, how do you get paid time and a half when you are paid per mile?

  8. The Following User Says Thank You to Flying Finn For This Useful Post:


  9. #7
    The Legend CondoCruiser's Avatar
    Member Since
    Apr 2010
    Location
    Tennessee
    Trucker?
    EX-15 Years
    Age
    53
    Posts
    19,733
    Thanks
    8,157
    Thanked: 18,499 Times
    Quote Originally Posted by Flying Finn View Post
    So, how do you get paid time and a half when you are paid per mile?
    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.

  10. #8
    Road Train Member Flying Finn's Avatar
    Member Since
    Jun 2010
    Location
    Ontario, Canada
    Trucker?
    3 Years
    Age
    41
    Posts
    971
    Thanks
    156
    Thanked: 539 Times
    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.

  11. The Following User Says Thank You to Flying Finn For This Useful Post:


  12. #9
    Heavy Load Member Pumpkin Oval Head's Avatar
    Member Since
    Jun 2010
    Location
    Martin, TN
    Trucker?
    2 Years
    Age
    61
    Posts
    748
    Thanks
    253
    Thanked: 230 Times

    Talking Hourly drivers...

    Quote Originally Posted by jdmack View Post
    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.

    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.

  13. The Following User Says Thank You to Pumpkin Oval Head For This Useful Post:


  14. #10
    Road Train Member
    Member Since
    Apr 2007
    Location
    Pacific Northwest
    Trucker?
    18 Years
    Age
    56
    Posts
    1,382
    Thanks
    787
    Thanked: 655 Times
    Quote Originally Posted by Pumpkin Oval Head View Post
    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.
    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

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •