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Old 06.07.2008
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Overtime Lawsuit Has no Merit
Overtime Lawsuit Has no Merit
6/6/08
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A lawsuit filed against Tacoma, Wash.-based Interstate Distributor Co. alleging that it unlawfully failed to pay overtime wages to its interstate drivers has no merit, according to an attorney for the company.

Larry Westberry, a former long-term employee of Interstate Distributor, claims that the company broke state law by paying him same amount per mile even when he worked more than 40 hours a week. According to Stephen Strong, a partner at the law firm Bendich Stobaugh & Strong, Washington-based employers are required to pay their employees one-and-a-half times their regular rate of pay when they work more than 40 hours per week, even if the work is performed out of state. (See previous story.)

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Old 06.07.2008
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Doesn't really matter what the Company honeydripper lawyer thinks has merit-only what the court thinks matters.
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Old 06.07.2008
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Originally Posted by Big Duker View Post
Doesn't really matter what the Company honeydripper lawyer thinks has merit-only what the court thinks matters.
Besides, truck drivers involved in INTERSTATE TRANSPORT are exempt from the FLSA. (Fair Labor Standards Act) They DON'T have to be paid minimum wage OR overtime.
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Old 06.07.2008
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Something else I've often wondered about is the Household Goods miles that most companies pay...how legal is that? If I'm being paid 100 miles, but yet I have to drive 125 miles to get to point B, isn't that the same as shorting an hourly emplyee's check?
Just one of the things I puzzle about when I'm out here....that, and where does the lint come from that gets stuck in your belly button?
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Old 06.07.2008
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If they state before hand that they are paying you x per mile based on household goods miles, they should be covered. Gotta love working for free.
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Old 06.07.2008
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Originally Posted by caraldo View Post
If they state before hand that they are paying you x per mile based on household goods miles, they should be covered. Gotta love working for free.
But that still don't seem legal. If I offer to pay you for 6 hours work, knowing that it'll take you 8 hours to complete, do I not legally have to pay you for whatever time you actually worked?
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Old 06.07.2008
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Lemme give an example here to illustrate my point. A company I used to drive for hauled bottled water from SoCal to WalMart in Cheyenne. We were paid whatever amount of miles. While the company never actually gave us the route that we were being paid based upon, we would have had to go up I15 to US189 Provo Canyon. Problem is, a 53' trailer is illegal in Prove Canyon. I even took a picture of the sign and showed the company. Their response? Don't go that way then.
So legally, shouldn't the mles have been adjusted to reflect the different route that we had to go?
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Old 06.07.2008
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Originally Posted by ssbowles View Post
Something else I've often wondered about is the Household Goods miles that most companies pay...how legal is that? If I'm being paid 100 miles, but yet I have to drive 125 miles to get to point B, isn't that the same as shorting an hourly emplyee's check?
Just one of the things I puzzle about when I'm out here....that, and where does the lint come from that gets stuck in your belly button?
Yes it is shorting the driver, but it depends on what you are being paid per mile, if company A pays 50 cents per mile using short miles and company B pays practical miles but at 31 cents per mile, if everything else is equal, you would be better off at company A.

I don't have an answer about navel lint.
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Old 06.07.2008
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navel lint and dingle berries are are not listed in the dictionary............
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Old 06.08.2008
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Originally Posted by ssbowles View Post
But that still don't seem legal. If I offer to pay you for 6 hours work, knowing that it'll take you 8 hours to complete, do I not legally have to pay you for whatever time you actually worked?
Apples vs. Oranges.
INTERSTATE driving is not covered by the FLSA. Drivers are EXEMPT from minimum wage and overtime laws.
However, if the JOB is an HOURLY job ( as in INTRASTATE), the employee MUST be paid for all hours worked, plus overtime if any.
If they pay HHG miles, don't work for them. Most companies pay PRACTICAL miles anyway.
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