LEGALLY? NOPE, INTERSTATE driving is exempt from FLSA. They can pay you anything they want, if you agree to it. Don't like it? It is YOUR obligation to take measures (get another job) if you don't like it.
Until the FSLA exemption is repealed, there is nothing else you can do, unless they DON'T pay you what they agreed to.
Overtime Lawsuit Has no Merit
Discussion in 'Truckers News' started by Cybergal, Jun 7, 2008.
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HHG miles are generally about 12% less than actual miles and PRACTICAL miles are about 3% less.
So, HHG X .50 vs P X .31.....HHG would be the better paying job. -
Not quite correct.
You are never without the minimum wage laws.
You don't have overtime protections under present FLSA & FMCSA rules.
I applaud Washington State for its bold move & want to see it continued.
There's no reason that each state &/or the FMCSA cannot adopt this rule.
Another slight detail.
There's times when a Intra-state driver can be considered an Inter-state driver even though he/she might not cross a state line. -
ssbowels, his quote learning from the school of hard knocks, does not care about his fellow trucker, fellow American, fellow human. Theirs your typical idiot in the trucking industry, if its NOT about MEEEEEEEEEEEEEEEE. than it dont matter. Hope you dont spew any offspring.
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Exempt Employees
Not all employees are protected by the FSLA. Some employees are exempt from minimum wage protections, and some employees are exempt from overtime pay requirements. Employers may try to avoid the FSLA requirements by categorizing their employees as exempt, but courts narrowly construe whether an employee is exempt and place the burden of proof on the employer.
There are numerous examples of employees who are exempt from the protections of the FSLA. Employees who earn more than half of their total earnings from sales commissions are usually exempt from FSLA overtime requirements. Computer professionals who earn at least $27.63 per hour are not entitled to overtime pay, either. Drivers and mechanics whose jobs affect the safety of vehicles that transport people or property are exempt from the overtime pay requirement. Farm workers on small farms are exempt from both minimum wage and overtime pay requirements. Most employees of car dealerships are exempt from overtime pay requirements. Seasonal and recreational employers do not have to comply with minimum wage or overtime requirements of the FSLA. Finally, white collar workers'employees whose job duties are executive, administrative, professional, or involve outside sales'are exempt from minimum wage and overtime pay requirements. The FSLA lists numerous other exemptions, as well.
FROM AN OHIO LAWSUIT for Minimum wages AND overtime:
http://www.sconet.state.oh.us/rod/newpdf/8/2007/2007-Ohio-5855.pdf
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