Hourly Driver Law

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

  1. Blackshack46

    Blackshack46 Road Train Member

    Sooooo how many drivers filled out their medical self certification wrong then?
     
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  3. brian991219

    brian991219 Road Train Member

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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.
     
  4. Blackshack46

    Blackshack46 Road Train Member

    So why even give the option. The only truly intrastate driver would be a farmer.

    If his fields cross state lines, he's screwed too
     
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  5. brian991219

    brian991219 Road Train Member

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    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.
     
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  6. truckersjustice

    truckersjustice Light Load Member

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    Drivers operating in interstate commerce are exempt from the overtime provisions of the Federal Fair Labor Standards Act.

    Paul Taylor
    Attorney
     
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  7. cnsper

    cnsper Road Train Member

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    Um, isn't that what I said?
     
  8. 51.50

    51.50 Heavy Load Member

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    It is the surface and rail transportation act that exempts truckdriver from overtime pay
     
  9. Blackshack46

    Blackshack46 Road Train Member

    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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  10. MACK E-6

    MACK E-6 Moderator Staff Member

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    It just means more coming from the one with the degree. ;)
     
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