I just started driving a new schedule that has me doing 5 ten hour days one week and three the next. That is 50 hours, and then 30 hours. Shouldn't I be paid for ten hours of overtime? (I live in MN) Thanks!
help! Day-cab overtime?
Discussion in 'Questions From New Drivers' started by RodeAgent, Jul 16, 2018.
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trucking is exempt to the overtime laws.
some do, most don't.
U.S. Department of Labor - Wage and Hour Division (WHD) - Fact SheetLast edited: Jul 16, 2018
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As far as the Feds are concerned, no.
Contact your state labor board with the specifics of your situation. They will have up-to-date and ACCURATE information.tscottme, James122 and SingingWolf Thank this. -
It varies by state. Check your state's labor laws. Here in California you must pay overtime for everything over 8 hours a day for hourly employees. But you also must take a 30 minute break within the first 6 hours of work and another 30 minute break before completing 10 hours of work. So if you're at work 12 hours, one of those hours is eaten up with breaks that you don't get paid for.
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Be careful with this. Even in that link you posted. For you as a driver to be exempt YOU MUST cross a state line.
I think << watch this, I said I think. I am NOT a labor law Attorney. However I think if a driver is operating in interstate commerce state law gets trumped.
This is a subject I ALWAYS advise people to contact the Wage and Hour division of the US dept of labor.homeskillet Thanks this. -
The law has been tested in court many times and it has gone both ways, so there really isn't a precedent that I'm aware of. There have been some cases of employees suing for overtime and getting it, and many other cases that ruled in favor of the employer. Since the OP sounds like he's a local guy that isn't running out of state, the rules in his state for hourly employees should trump the federal exemptions. But like you, I'm not a lawyer either.
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Most states allow for contract employees to which was never intended to be applied to hourly employees but I worked at a welding company that twisted it just right on paper I have also seen jobs right u in as sallery with a claws to dock u for unworked time so many legal ways to screw people out of overtime pay most judges will agree its unethical but u signed the papers is generally the bottom line
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In Ca. if you haul interstate freight (any freight that originated or is destined for another state) with-in Ca. there's no overtime rule. But, If the freight you're hauling originates and is delivered with-in Ca. then there's overtime pay after 8 hrs /40 hrs week
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Also need to think when does ur.pay period begin and end don't have to be marked by ur days off it could begin and end a day be for that putting on of those 10 he days in a separate week making it 40 hrs both weeks that is pretty common actually not cool but leagal
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I’m in Ca and my company pays OT after 8, double time after 12. If I work over 12, I can wave my lunch and get paid an extra hour of straight time. I also can take 2 paid 15 minute breaks a shift. I usually do not take them, after 12-16 hours, I just wanna go home.
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