Driver minimum wage?

Discussion in 'Trucker Legal Advice' started by dogg478_1902, Nov 11, 2013.

  1. dogg478_1902

    dogg478_1902 Light Load Member

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    Could anyone tell me if federal minimum wages applies to drivers. I'm currently working for a second chance company but I'm only getting $53 n change per day :banghead: which works out to be less than $4 per hr
     
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  3. chalupa

    chalupa Road Train Member

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    No Dog it doesn't. Drivers are exempt from wage and overtime laws. Mind you i'm assuming your working for a DOT regulated carrier...........but what you can do is post their name in the bad carrier forum and help others stay away.

    For you...I don't know your story of second chance but what i can say is keep your nose clean where your at, think about every move, practice goal and try to get 6 mos clean and start applying elsewhere.

    Good luck.....
     
  4. KW Cajun

    KW Cajun Road Train Member

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    chalupa,
    As far as I know, and have heard, the Motor Carrier exemption only pertains to an overtime exemption, and doesn't exempt them from having to pay a driver minimum wage.
    Minimum wage is still enforceable.
    Here's a link to the US Dept of Labor, FLSA act, that pertains to this:

    USDOL, FLSA Motor Carrier Exemption
     
    379exhd Thanks this.
  5. 379exhd

    379exhd Road Train Member

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    Interesting thank you. I have always thought we were wage emempt in all forms. Hourly and overtime.
     
  6. KW Cajun

    KW Cajun Road Train Member

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    I ran this by a fairly good attorney once, and he said they are exempt from paying an hourly rate (naturally, we go by mileage typically) and exempt from all overtime laws.
    He did say the mileage rate has to meet minimum wage requirements for "on duty and driving time" worked.
    He's a good attorney, but was a little drunk at the time, so it does leave a small bit of room for "mistakes". lol
    Anyhow, the FLSA site seems to not say/mention any exemption for minimum wage.
     
  7. chalupa

    chalupa Road Train Member

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    That was my point...I was vague, sorry. Paying % or mileage exempts the driver from minimum wage requirements.........

    Apologize for the slippage..... I'll tighten the band.
     
  8. KW Cajun

    KW Cajun Road Train Member

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    No, apparently there is still a "discrepancy" between us, in minimum wage requirement or exemption, if payed by % or mileage.
    As far as I've read and have also been told by an attorney... even if you are paid by mileage, it must result in being equal to, or greater than, minimum wage based on the hours you "worked" (on-duty time plus driving time).
    The FLSA site does not say anything about minimum wage exemption for mileage pay (not sure about % pay), as far as I have seen on their site.

    If you have a link showing that it does, please provide it, as I'd like to know if I am missing something here.
     
  9. dogg478_1902

    dogg478_1902 Light Load Member

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    My thing is I'm not getting mileage pay I'm getting a flat $53 n change per day. I don't see how any us company can pay a flat rate for working full time 60 he week.
     
  10. KW Cajun

    KW Cajun Road Train Member

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    What state/location are you in?
    That is slave-labor wages, and I wouldn't work a second day if I was only paid that.
    What you need to do is contact (best to go there in person) your state's Dept of Labor office and speak with them to file a complaint.
    If you are due minimum wage (as I believe), then they will investigate the employer, gathering all evidence (time cards, pay records, and other documentation), the make a determination. If won, the employer will have to pay you for ALL time that you did not meet minimum wage pay standards, however far back that goes.
     
  11. dogg478_1902

    dogg478_1902 Light Load Member

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    My company is based out of Nashville TN, as soon as I get a chance I will be faxing all of the signed documents I have into legal shield and get them rolling.
     
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