Over Time Pay For Local Drivers ?
Discussion in 'Experienced Truckers' Advice' started by Grande, Jul 26, 2013.
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Also, stop bragging. You're making some members jealous.
DirtyBob Thanks this. -
Still waiting to see what company you work for?Ghost Ryder Thanks this.
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I work four 10 hour days and get OT after 10. I run New England and usually get 2 hours overtime a night.
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Got called into work,on my day off, and worked 11 hours, all OT
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Oh, fun topic. We're having a go-around with this at work right now, with several drivers fired or quit, lawyers hired on both sides, etc.
The company's stipulation is that they are not required to pay overtime, because we are CDL holders and Federal regulations of HOS apply to us.
The driver's contention is that since 1. we are NOT engaged in interstate commerce, but solely haul product inside state borders, 2. What we're hauling originates in-state, and is delivered in-state, and 3. all of this occurs within a 50 air mile radius, and 4. We are paid hourly, following times recorded on time sheets approved by management and corroborated by GPS tracking system....we should be paid overtime after 40 hours like any other hourly employee.
Everything I can find seems to hold up exemptions based on local drivers transporting the last leg of interstate shipments, or things related to "interstate and/or foreign commerce". Very little that I can dig up relates to local bulk hauling work. Anyone else, particularly in NY or PA, run into this scenario or similar? -
I guess we will never know.
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I use to drive part time at night for Wells Fargo Armored.no one got overtime and as they classified truck crews as part time,no benefits either.
One driver told me that he would NEVER work full time for them. I asked how many hours did he work last week,his reply was 72 hours

The job was perfect for me since I got good bennies from my "real" job. -
My understanding is the company must have regular interstate routes, not occasional routes, in order to be exempt from overtime. From what you are describing, your company must pay OT after 40 hours in a 7 day period.
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