Overtime Lawsuit Has no Merit
Discussion in 'Truckers News' started by Cybergal, Jun 7, 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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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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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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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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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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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? -
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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navel lint and dingle berries are are not listed in the dictionary............
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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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