Hourly Driver Law
Discussion in 'Trucker Legal Advice' started by lilbodeed, Aug 28, 2016.
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Probably a lot, many "local" guys do not realize they are actually engaging in interstate commerce. Your local towing company engages in interstate commerce every time they pick up an out of state motorist who broke down on the highway, only they do not need an MC number/authority because a disabled motor vehicle is an exempt commodity if picked up from the point of disablement. Your port drayage driver also is engaged in interstate commerce, although he may operate within an exempt intracity zone, but the concept is still there.
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So why even give the option. The only truly intrastate driver would be a farmer.
If his fields cross state lines, he's screwed toobrian991219 Thanks this. -
Guys who do sand and gravel, local milk plants, school buses, most construction, and the like are ok, but yes, it does get ridiculous how over reaching the Federal regulations have become. I suppose the broad reaching definition of interstate commerce goes back to the days of regulation by the Interstate Commerce Commission, after all they needed to justify their existence and control as much of the freight industry as possible.Blackshack46 Thanks this.
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Drivers operating in interstate commerce are exempt from the overtime provisions of the Federal Fair Labor Standards Act.
Paul Taylor
Attorneybrian991219 Thanks this. -
Um, isn't that what I said?
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It is the surface and rail transportation act that exempts truckdriver from overtime pay
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Remember, you said
While @truckersjustice said
See there clearly is a difference.
He is a lawyer, you are a trucker.Last edited: Dec 31, 2016
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It just means more coming from the one with the degree.
Blackshack46 Thanks this.
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