Federal Law says over time pay for INTERSTATE drivers is not required and they are excluded from time and a half pay over 40 hours. Interstate means you move from state to state, your an INTRASTATE driver meaning you stay and operate in one state only. The Federal law doesn't apply to you but a State one can. I am no lawyer but do know in Kentucky INTRASTATE drivers don't have to be paid time and a half over 40 hours. Your State Law may say something else. Also if you do more than operate a truck your job classification is different, your not a truck driver your a heavy equipment operator if you operate that bobcat for a certain amount of time during the week and must be paid time and a half wages. Also if you had been getting time and half then cut down to to straight pay most states don't allow for that, what you agreed to work for is what they have to pay in many states.
You need to go to you local Employment office and ask to speak with a labor board person who knows the laws of your state. It sounds like some clerk looking to save a few bucks for the company so they can get a raise read a rule wrong in the FMRC or you state DOT handbook. They can't move it back and forth and say time in half for this job but not this one. Your either straight pay or over time in most states. If you do more than drive a truck and things that go with it like fueling, logging, unloading, loading they are screwing you and you can fight back.
not getting paid for over time
Discussion in 'Trucking Industry Regulations' started by countryboy1984, May 29, 2010.
Page 3 of 3
Page 3 of 3