Hourly Driver Law

Discussion in 'Trucker Legal Advice' started by lilbodeed, Aug 28, 2016.

  1. De Trucker

    De Trucker Medium Load Member

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    Trucking companies are exempt from paying OT unless the state dictates otherwise. Some states it is mandatory OT after 40.
    The states that don't you'll find many companies not paying OT after 40.
    Old Dominion, R&L, Estes Central Transport to name a few don't pay OT after 40 in states they can get awayou with it.
    Conway/XPO don't pay OT after 40 in most southern states I believe, where unions aren't too influential.
     
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  3. snowwy

    snowwy Road Train Member

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    You're talking long haul companies.

    Like i stated earlier, one company in utah don't pay becuase their claim is long haul operation that i don't think they have anymore. Another i found was agriculture.

    I'd like to hear of local gigs that have you home every night and don't run any long haul operations. Construction for instance. Every local company i worked for all paid OT and abided by the labor laws of 40 hours.
     
  4. De Trucker

    De Trucker Medium Load Member

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    All those companies I listed only pay their P&D drivers by hour. Aka local work.
     
  5. brian991219

    brian991219 Road Train Member

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    It is called a Federal premeption, and if you are engaged in interstate commerce even if you do not actually leave the state (UPS package driver for example) and are domiciled in any state other than California your company is exempted from overtime wage laws with regards to their drivers and some support personnel like mechanics. Here is the link to the Federal Fair Labor Standards Act page.
    https://www.dol.gov/whd/regs/compliance/whdfs19.htm

    So, Snowwy, if your local company was engaged in any form of interstate commerce and paid you OT, you were working for one of the few good companies out there, because they don't have to.
     
  6. brian991219

    brian991219 Road Train Member

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    Here is an example of local, hourly, home every night wihout OT, I worked for a CT based grocery warehouse in the early 90's that paid hourly, but no OT. We were engaged in interstate commerce since we served a tri-state area so we were exempted. I also worked for a union food warehouse in NY for about 3 months, great base pay rate but no OT, worked 65 hours a week, again serving a multi-state area but home every day. My brother worked for an NJ based asphalt company delivering liquid asphalt to quarries, no OT, and I worked for a private fleet bottled water company based in PA from 04-07 part time, all drivers were paid was $17-20 per hour depending on full or part-time, no OT rate.
     
  7. lcfd15

    lcfd15 Medium Load Member

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    No, they do not have to pay overtime, UNLESS, that governing state has a law that succeeds the DOL revisement found here

    https://www.dol.gov/whd/regs/compliance/whdfs19.htm
     
  8. lcfd15

    lcfd15 Medium Load Member

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    Bahaha, Didn't mean to copy you Brian. I just read the first page.
     
  9. snowwy

    snowwy Road Train Member

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    They were local construction companies. No long haul or interstate.
     
  10. poppapump1332

    poppapump1332 Road Train Member

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    Truckers are exempt from ot,it is not required a company to pay time and a half!
     
  11. lcfd15

    lcfd15 Medium Load Member

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    Well if it is a local construction company than that is a different story if your hauling their equipment and running a "not for hire" truck. Than yes, you should be getting overtime.
     
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