Hourly Driver Law

And that's what i've said TWICE. Long haul and agriculture are the exemptions. And whatever states may have.

 

YOU ARE THE ONE MISSING THE POINT, just because you are local DOES NOT AUTOMATICALLY QUALIFY YOU FOR OVERTIME. It is the freight/product you move, not where you move it that matters! You can be engaged in interstate commerece without ever leaving your home town! Length of haul or long haul as you keep calling it does not matter for the over time pay exemption, the freight and only the freight has to have crossed a state line or be destined to cross a state line and then the company gets out of paying OT. This includes their mechanics, some dock workers, etc, people who obviously are local but because their company engages in interstate work theycan get away with it.

We have local construction companies here in the PA/NY/NJ tri-state area that are engaged in interstate commerce but their drivers don't drive more than 50 or 100 total miles a day. The material plant is in Pa and the jobsite is just across the state line in NY or NJ. None of them pay OT, hell most of the haulers working on the I-84 reconstruction project in my own back yard are only paying straight time, the truck owner is paid a flat $75 per hour for their tri-axle dump and they pay the driver about $15-20 an hour, straight time, not even prevailing wage. Gotta love PennDot and their contractors, but that is another issue altogether.

Besides, the OP was talking about an interstate operation between AZ and CA, so your local example does not even matter in this case.

 

No, i'm not missing the point. You're just not grasping.

There are a couple of bigger companies around here. And some smaller companies. They bring in sand and what not from wyoming. The haul is over 100 miles. And across state lines. They only bring in one load. It takes them 10 hours roughly. They're on the clock. And get paid OT after 40.

I get the long haul, I get the exemption as you all describe. So don't say i'm missing the point. I'm saying, there are operations as you all describe. That pay OT. May not be happening on your side of the country. But it's paid around here.

The way i understood it when i called the Utah labor commission. And this was years ago. Was that companies that cross state lines and don't return to home terminal every night. Are exempt. And the reason i called the labor commission was because of a job i kind of wanted back then. Hauling sod. Which is agriculture. And 12 hour days. And also exempt.

I called the labor commission and that was the way it was explained to me. So don't say i'm missing the point.

There is a new federal overtime rule signed by the pres 3 months ago. I don't know what it's about and who it effects but it's supposed to raise the pay for 4 million people. I'm guessing different states also have there rules.

 

In California, the state labor law says "that any person that is required to be under CFR 49, part 395, federal hours of service regulations is exempt from state OT laws."

 

That is the way the Federal law is written as well, if you are subject to hours of service and operate in interstate commerce you are exempt from overtime. It is really simple until you get into the support staff such as mechanics, dock workers, etc, but even they can be exempted from OT pay.

 

I never said there we not any jobs that paid OT as you describe, I just said you were lucky to work for them since most of the probably did not have to pay the OT by law. We have a lot of local work that does pay, even though they don't have to, it is nice of them, but not required. Sadly, those jobs are disappearing rapidly. With that said, I do not agree with drivers being exempted from OT, I think it is male bovine excrement, but until we get the law makers to change it we are stuck on the short end of the stick as usual. Also, I am glad your sand haulers are paid OT, that is awesome, I wish more trucking companies would pay hourly with OT, it would help with the rushing around and crazy driving we see today.

 

The Fair Labor Standards Act requires that non-exempt employees receive at least minimum wage. Take total pay for pay period and divide by hours worked during the pay period.

Paul Taylor
Attorney

 

AG is 10 hr day/60hr week. over 10/60 is time+1/2 in CA as long as you hit your 60 on the cheapskates and over 10s on the good farmers.

lot of ag pays trip or percentage so pay is dependant on how fast the canner or crusher process you..

 

SCREW California !!! My GA based company has both intrastate (local) and interstate and, while everybody is home every night, only us local B Class tandem drivers are getting OT after 40 (but not after 8?). The DOL came in and forced the issue few months back (always had paid medical/dental/holidays off and accrued VAC) and while drivers are making more money "productivity" seems to have suffered somewhat - loyalty to a company that "treats you right" has fast been a non-issue? Is it a catch-22 general industry dissatisfaction that is fueling the alleged "driver shortage" and keeps us jumping from company to company?

Haven't really seen our driver base grow. Am told company is paying CASH for many new fangled , less fatigue/maintenance/skill required "automatics" but seems the accident/incident rate hasn't changed much . . . if you don't STAND on the brakes (with push-button Allison transmissions) at a stop/red light you will wind up into the car in front of you!!

Driver attitudes/habits have changed not sure such a good thing!!

 

The US Federal govt law that requires overtime pay, and minimum-wage, for full-time employees is called the Fair Labor Standards Act (FLSA). The FLSA specifically exempts safety-sensitive jobs covered by the Dept of Transportations Hours of Service from a REQUIREMENT to pay overtime.

REPEAT: There is no REQUIREMENT, according to Federal law, to pay truck drivers overtime pay if they work more than 40 hours per week. Any and all companies CAN CHOOSE to pay overtime at their discretion.

So much confusion on various topics on this message board are because people often seem to disregard what the law requires and supply what they have seen, what they prefer, how their first company did something, or comparing apples & oranges, such as comparing an OTR driver at Swift with a 30 year UPS driver working under a Teamster labor contract.