I work for a local company, clock in and out, work 12 hour shifts. We are allowed to work over 40 hours but we're not paid overtime pay, we are paid straight time even though we work over 40 hours. Is that legal in the state of Alabama?
overtime pay
Discussion in 'LTL and Local Delivery Trucking Forum' started by abettisjr, Nov 16, 2012.
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Call your state labor department and ask them.
Is it a trucking company or a private fleet you drive for? -
Trucking companies don't have to pay overtime; many years ago Congress gave them an exemption.
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depends on the operation.
agricultural is exempt. trucking companies in general are NOT.
construction pays overtime. my last company is hauling vegetable oil by the hour. it pays overtime. but a sod company i once applied for a long time ago said they are exempt. -
My dad used to drive for a company a few years ago. He moved to an office position with the same company, they kept him listed as a driver so they wouldn't have to pay overtime.
Trentforbes Thanks this. -
Yes it can be.......If the company is going by federal laws, they dont have to pay overtime.As a local driver for Greatwide in Las Vegas,and In Los Angeles with Bunzl USA, both companies dropped overtime on us.You can check with your local labor board, but Im sure if the company you work for has any other business in other states,it is legal.
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trucking companies by federal law are exempt, but some will pay overtime to be competitive. the law is from the 1930's, I think, back when the labor laws were being written.
http://www.dol.gov/elaws/esa/flsa/screen75.asp -
Not in the mood 2 look it up(but sure someone will) fair labor act of 35 or thereabouts--which was amended by Taft-Hartley act around 47--exempts trucking from minimum wage not O/T--otherwise u couldn't have some of these big companies paying mileage only while drivers spend 50-75% of their a available driving time loading etc
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Such an old conversation, no a motor carrier does not have to pay you overtime. Drivers and other groups are exempt under FLSA of 33 and yes there are exceptions as determined by employee classification........
Here's some irony, mechanics are exempt from o/t too, but they get it....why? Tell the mechanic he don't get it and see how fast he walks. Might be a lesson in there for us...you think?
Do I need to look it up or will this do ya?jakebrake12 and jgremlin Thank this. -
http://www.dol.gov/elaws/esa/flsa/screen75.asp
Drivers, driver's helpers, loaders and mechanics are exempt from the overtime pay provisions of the FLSA if employed by a motor carrier, and if the employee's duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce. You may also wish to review the applicable regulation.
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