I do not believe that office workers, mechanics, etc can be held as exempt. Their job descriptions are covered under the Federal Wage & Hour laws as well as the state laws.
Truckers have been excluded though.
Hourly Jobs And Overtime
Discussion in 'Trucking Industry Regulations' started by popeyepalmer, Sep 18, 2007.
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I don't think its right. But then again, what other country would try to work their employees 70 hours a week??? -
Thats in reportable legal wink wink time.
Yes its true we american drivers are the best, we are the most productive whether thats good or bad is up to you.
Im always curious about how the european drivers manage to drive and work less and still make a good living from what i hear, mayb im wrong any one have some comparison's -
Back when I was in accounting and dealt heavy with wage and hour problems. It was the interstate activity that would bring the federal law into play. When that happened it would supercede all state laws, that were not in agreement with it.
Business that operated solely within their state and under 250,000 gross income were exempt from Federal Wage and Hour. When they started going over state lines, they began earning income that would automatically bring them under Federal Wage and Hour rules.
I understand truckers are exempt, but the blue and white collar jobs were not. If this has changed, it can't be for the good.
I'll have to check on this. -
The "line" for trucking seems to be drawn at anyone subject to the HOS rules, having to actually drive the truck & anyone having anything to do with the safe operation of the truck.
The accounts receivable people are not exempt nor is anyone else in the various depts until you get to load managers, dispatchers, mechanics, safety dept, tank wash personnel etc.
And then, certain people in the mentioned depts not actually having a responsibility for the safe operation of the truck would not be exempt.
The goobermint has a list of occupations & exceptions both exempt & non-exempt.
You'd be surprised at the number & breadth of occupations that are considered exempt. -
Wow, man. What is the country coming to? Soon, workers will be chained to the assembly line, with the managers whipping anybody who complains.
Out here in California, you get 1 1/2 hourly pay after 8 hours, and after 40 hours in a week. After 12 hours, you get double pay. That is the law.
But on the flip side, if you live in CA, there is a law for everything, the cost of living is high, and many people don't care about anything but themselves. It has it's ups and downs. -
hey guys don't forget every 12hrs you're away from home you get an 20 dollar tax write-off -
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There is a case working it's way through the court system in Wash state (I think) that affects drivers who haul strictly within the state. if you don't leave the state, then the state is making the argument that the interstate rules don;t apply and in that case the state overtime provisions of the FLSA apply. Of course, like most legal cases, there is a lengthy appeals process, and then other jurisdictions would have to enact similar laws and then apply their own standards after their court cases. But change may be on the way at some point in the future. But this will not have any affect on interstate truckers, since federal law will still take precedence there.
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