Minimum Wage=Truckers Rights ??

Discussion in 'Experienced Truckers' Advice' started by jtrnr1951, Sep 25, 2009.

  1. southernpride

    southernpride Gone But Never Forgotten

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    now my friend i hate to tell you this but there is no minumuim wage for the trucking businesss. trucking falls under the agraculture laws if you dont punch a time clock there is no minimum wage and you have no protection as far as your wages are concearned and ther is no wage and hour board that is all hype, you can try to sue them in cival court but thats about all you can do and i doubt you will have much success there.
    good luck to you. ---southernpride
     
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  3. jtrnr1951

    jtrnr1951 Road Train Member

    Southernpride,
    By chance can you tell me where that information comes from? Thanks.
    I know they can be sued, and drivers can win, why is that?
     
  4. Sad_Panda

    Sad_Panda Road Train Member

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    Ag might have different laws in each state, but they are covered under some laws.
     
  5. relic1228

    relic1228 Light Load Member

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    As stated earlier, truckers are not covered under the Fair Labor Act, and therefore are exempt from minimum wage laws. It is nice to know that you as a professional driver,are held to a higher standard than the average motorist. You are expected to be trained, and knowledgeable. Yet you are still classified as unskilled labor!
     
  6. GasHauler

    GasHauler Master FMCSA Interpreter

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    I'm sure that would be great and while you're checking be sure to look under "At Will" states. Because if you try to sue they will replace you in a second. You should know better after 17 years.
     
  7. jtrnr1951

    jtrnr1951 Road Train Member

    If you go to FLSA website, truck drivers are covered under the minimum wage laws. We are not covered by the overtime law. Individual states, like Washington, may provide overtime status to drivers. Now, outside of rumor, can anybody tell me any different? Thanks
    And yes, drivers have gone to court and have been awarded back wages, but it IS a pain in the as-.
     
  8. jtrnr1951

    jtrnr1951 Road Train Member

    At will, I'm well aware of, thanks. I'm not suing, I just wanted to know......... Yes florida is an at will state.......
     
  9. chief

    chief Heavy Load Member

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    well, the log book has nothing to do with your wages/salary or whatever you want to call it. the log book is just a document required by law - it isn't used by companies to determine how much money you've earned. I've never heard of a situation where you would put in 60 hours on duty and 0 hours driving, although some companies DO pay OTR drivers for hourly work in some situations in addition to their mileage pay. I've been working ZERO hours every week for the past 12 months, so my weekly paycheck has been $0.00.

    we can continue having arguments that drivers should get paid for fueling the truck, opening the doors, backing up to a dock, waiting in line to get loaded, but it's rather silly. as an employee, you're only going to make as much as the owners of this country WANT you to make. if you want to make more, you need to become an owner. good luck.
     
    MUSTANGGT Thanks this.
  10. Yatista

    Yatista Medium Load Member

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    All drivers involved in interstate commerce are subject to federal regulations only. States are barred from getting involved in regulation of interstate commerce. If you are a local intrastate driver you are governed by your state and their regulations.
     
  11. MUSTANGGT

    MUSTANGGT Road Train Member

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    Minimum wage is based on an hourly rate. If you are driving by the hour, you would be paid for those hours.
    Being paid mileage or percentage is basically the same as working on commission, or what they used to call "piece work" in factories.
    If a car salesman doesn't sell any cars, he doesn't get paid. He may draw an advance, but that will be deducted from his next commission.

    In addition, there are vocations exempt from minimum wage laws, such as agriculture and restaurants. That is why waitstaff rely so much on tips.
     
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