Minimum Wage=Truckers Rights ??

You have it wrong. If you go interstate, you are covered by the FSLA. Intrastate, you under state law.
Read the following that I copy and pasted from the internet:

The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. Some state laws provide greater employee protections; employers must comply with both.

The Fair Labor Standards Act (FLSA), also known as the federal Wage and Hour Law, regulates minimum wage, overtime, equal pay, recordkeeping, and child labor for employees of enterprises engaged in interstate or foreign commerce and employees of state and local governments. The U.S. Department of Labor's Wage and Hour Division administers and enforces the federal FLSA.

_______________________________________________________

However, there is an exclusion of those working as drivers, driver's helpers, and mechanics that work interstate under the Motor Carrier Act. However, this only applies to overtime pay, not minimum wage:


[SIZE=+1]The Motor Carrier Exemption Under the Fair Labor Standards Act[/SIZE]

By U.S. Department of Transportation
Employment Standards Administration
Wage and Hour Division



---DISCLAIMER---


Fact Sheet No. 019
The Motor Carrier Exemption Under the Fair Labor Standards Act (FLSA)
Section 13(b)(1) of the FLSA is an exemption from overtime. The provisions of Section 7 (overtime) do not apply with respect to any employee to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of Section 204 of The Motor Carrier Act of 1935.
Section 13(b)(1) of the FLSA provides an exemption from the overtime pay provisions, but not from the minimum wage (Section 6) requirements. This exemption has been interpreted as applying to any driver, driver's helper, loader or mechanic employed by a carrier and whose duties affect the safety of operation of motor vehicles in the transportation on public highways of passengers or property in interstate or foreign commerce.

 

YEP! if we could be getting paid a decent wage by the hour we would already be getting it! This has been trashed around on the CB and the dinner counter at the truck stops for as long as I've been driving. Even been a law suit attempted by someone 20 some odd years ago that went no where. It's just like we aren't considered a professional trade!
We couldn't even get disability insurance until the mid 90's! My father was an insurance broker and I asked him how much a disability policy would cost and that's when the fight started!

When he told me that I wasn't qualified or considered a professional I told him to go up and drive the truck and trailer up the road! Then I put the logbook,DOT books,haz mat regs and weights and measures book in front of him and asked him what do you mean "I'm not a professional"

I think that changed his mind! And finally, someone, somewhere got it through a few hard heads that we were professional and qualified enough to get disability insurance and hourly pay might wind up happening when these new CSA2010 and OBRD rules go into effect!

We just need to scream a little bit louder and write a few more letters and those of you who scream the loudest but don't write to you congressman and senators just keep screaming ! It'll just take the rest of longer!

 

You can get minimum wage if you didnt get it by filling a form with the federal government. You company usually just sends the check. However, if you worked 70 hours for the week, you are only going to get paid for 40 hours; no overtime. The overtime issue is the killer I feel. Thats where the truckers get screwed.

 

Contrary to many posts in this site about truckers and minimum wage, the so called Motor Carrier Act exemption does not apply to wages. Only hours worked as they're regulated by the DOT Secretary...Note that the exemption is for Section 7 ONLY (max hours) and not Section 6 (wages)

Here is what the CFR (Code Of Federal Regulations) state about this issue in its Title 29 section -Labor:

§ 782.1 Statutory provisions considered.



(a) Section 13(b)(1) of the Fair Labor Standards Act provides an exemption from the maximum hours and overtime requirements of section 7 of the act, but not from the minimum wage requirements of section 6. The exemption is applicable to any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act of 1935, (part II of the Interstate Commerce Act, 49 Stat. 546, as amended; 49 U.S.C. 304, as amended by Pub. L. 89–670, section 8e which substituted “Secretary of Transportation” for “Interstate Commerce Commission”—Oct. 15, 1966) except that the exemption is not applicable to any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service solely by virtue of section 204(a)(3a) of part II of the Interstate Commerce Act. (Pub. L. 939, 84th Cong., second sess., Aug. 3, 1956, secs. 2 and 3) The Fair Labor Standards Act confers no authority on the Secretary of Labor or the Administrator to extend or restrict the scope of this exemption. It is settled by decisions of the U.S. Supreme Court that the applicability of the exemption to an employee otherwise entitled to the benefits of the Fair Labor Standards Act is determined exclusively by the existence of the power conferred under section 204 of the Motor Carrier Act to establish qualifications and maximum hours of service with respect to him. It is not material whether such qualifications and maximum hours of service have actually been established by the Secretary of Transportation; the controlling consideration is whether the employee comes within his power to do so. The exemption is not operative in the absence of such power, but an employee with respect to whom the Secretary of Transportation has such power is excluded, automatically, from the benefits of section 7 of the Fair Labor Standards Act. ( Southland Gasoline Co. v. Bayley, 319 U.S. 44; Boutell v. Walling, 327 U.S. 463; Levinson v. Spector Motor Service, 330 U.S. 649; Pyramid Motor Freight Corp. v. Ispass, 330 U.S. 695; Morris v. McComb, 332 U.S. 422)

Now, on 8/2010, the 11th Circuit of Appeals court had this opinion:

http://www.wageandhourcounsel.com/2...-materials-used-moved-interstate-at-any-time/

And there is plenty of recent litigation that shows minimum wage laws cover commercial drivers.

The only problem is that affected individuals do not chase their claims. As with many things in this forum, lotsa misinformation and generally an attitude at times (from some posters) that one should take the abuse and be quiet because that's somehow 'macho' and truck drivers are super studs that just get bohic with a grin...

not in my book. the only thing required for abuse to prosper is for folks to do nothing.

Here is the official text of the FLSA:

http://www.dol.gov/whd/regs/statutes/FairLaborStandAct.pdf

Here is the official site for the CFR Labor section (look at part 782):

http://www.dol.gov/dol/cfr/Title_29/Chapter_V.htm

Go check them out...one has rights, but one needs to exercise them...the greedy company does not have the last word.

In Texas, although no official minimum wage law are on the books, they follow the federal law.

All of the recent litigation and exemption claims are for OT work/pay...not for minimum wage. The exemption wages piece about truck (in some posts) are for truck sales and not drivers.

Again, rely on what's on the books and what they say. If not too clear, visit a labor law attorney for any doubts.

 

The thing is, waiting at a shippers dock will not be considered working. Unless you waste your hours and stay on the on duty not driving line.
The only hours you would really be able to claim are inspections, fuel, unload (that you do), driving.
That is about all that we put as on duty time.
If I have 70 hours of that at 8 bucks an hour, without OT, it is only 560. for the week.
If I drive 1400 miles it is the same pay. No way I could ever rack up 70 hours in a week and not drive 1400 miles.

 

30 years ago I was an O/O working local. The co. took my truck for a week to paint it and put me in one of there trucks for the week. I worked around town spotting trailers and pulling pigs. At the end of the week when they went to settle up with me they discovered that I hadn't made minimum wage. They went back and paid me for the week at minimum wages for all hrs worked but they didn't pay me time and a half, just straight pay for all hrs worked.

 

It is for all but OTR drivers. If you don't stand up as you put it by logging incorrectly then OTR driver will always be continued to go unpaid during that time......for better or worse....I guess that depends if you like sitting at a dock for the chance at better pay later. Me, I'd rather get paid for all time away from the house. After all, I don't go to DC's, lumber yards, etc, etc, on my day off just to hang out. Look, I'm all for working the piss out of a truck and being more productive as a whole for the overall good of global competition, but screw that working for free while the top 10-20% of the trucking company are kicking it back in 500k plus homes, working 9-5 M-F. Screw that.

 

Basically you are working for a commission.

You have HOS rules, but your pay is based upon what you and your employer agreed on.

You make a percentage of the load, or cpm, or hourly pay.

Just like a salesman gets a commission on what he sells, a driver gets a commission for what he hauls.

Thats why drivers should get more involved with negotiating their pay and benefits.

Remember, you are getting what you agreed on.

 

But in commision your not regulated to how many hours you can work or what hours are considered work,
plus I ain't agreeing on any of that HS so don't include me in that. If DOT says I'm working during those hours, then guess what I'll tell the company I worked during those times and somebody is gonna pay me. OTR guys let BS comments like what you just posted to let both DOT and the companies run all over the drivers. OTR is ok, but I'm not going to be one of those that leave it harder for the next generation. I'll raise hell to make the trucks better, the pay better, and to get both lawyers and DOT off our arses. Don't believe me, go ask Todd Spencer VP at OOIDA, or the guys during the 94 strike, or 00 overnight strike.

That's where I stand on it and no BS will make me think otherwise. Take care.