Overtime laws in MA.

Discussion in 'Trucker Legal Advice' started by Cat1, May 27, 2017.

  1. Cat1

    Cat1 Bobtail Member

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    May 26, 2017
    Massachusetts
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    Hey, is anyone familiar with overtime laws for truck drivers in Massachusetts? I am sorta familiar with this "exempt employee" BS. Set forth by the fair wage labor division. I was working for a company as a "local driver". I Got paid by the hour. Yes I drove a truck over 26,000 and across state lines. But after 40 hours I was paid time and a quarter instead of time and one half. Like WTF? I eventually I quit over this overtime scam. I call it a scam because it added up to $1,000.00 over a 5 month period. I filed a complaint with The Massachusetts attorney generals office. I received a letter from them saying my case did not meet their criteria? Probably something to do with falling into the exempt employee status. I contacted a few lawyers who would not touch it. I have since given up on it and started to look for something else. Now, If I was paid hourly would I not be eligible for overtime pay at time and one half after 40? Not time and a quarter. Is this legal? Your comments are welcome, thanks.
     
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    They didn't even have to pay you time and a quarter. They could have just paid straight time for all of your hours and you still wouldn't have had a claim.
     
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  4. Cat1

    Cat1 Bobtail Member

    18
    3
    May 26, 2017
    Massachusetts
    0
  5. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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    ^^^^^^^^
    Yep, I've only had 1 employer pay me OT as a driver. And the base pay was lower to compensate...

    Whether I'm being paid by the day/ton/mile/hour I always just calculate by "straight hourly pay" from the time I close my car door to the time I'm heading back home. Current job is only about 14.50/hr, but it's the easiest driving job I've ever had.
     
  6. jeastonjr

    jeastonjr Light Load Member

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    Nov 4, 2013
    Weymouth,Ma.
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    Are we still considered UNSKILLED LABOR ?
     
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  7. chriskc

    chriskc Light Load Member

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    Mar 31, 2013
    Kansas City mo
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    I know in Missouri most ltl's are paid time and a half after 45hrs. Never heard of time and a quarter. And @ExOTR i would tell anyone that wanted to pay me 14.50 hr to get bent. I'm sure you worked hard to get your cdl, you should be getting paid better for it.
     
  8. KB3MMX

    KB3MMX Road Train Member

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    Yes
     
  9. tow614

    tow614 Road Train Member

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    When I was a State Trooper in Ohio back in the 70's. Ohio had a law that no state employee could make more than $8.00 an hour on overtime. At the time my hourly rate was $7.00 hr so I only got $1 more for overtime and supervisors had to take a pay cut to work overtime.
    I am certain the pay has increased a bit since then but only mention it to show that overtime pay is not a right. An employer can work you as much as they want and pay you regular wages if they desire. However, you don't have to work for that employer either.
    The only requirement for employers are rest periods depending on local state laws and such.
     
  10. tow614

    tow614 Road Train Member

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    Just watching they way some people drive it is obvious that many are unskilled.
    But, I believe there should be a rating system for drivers based upon driving experience and driving record.
     
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  11. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    ...and the skill level to do this job is rapidly declining. ABS removed the need to know how to properly apply the brakes. Power steering no longer required physical strength. Automatic transmissions mean you don't have to know how to shift the gears. Lane departure warnings, adaptive cruise control, stability control and emergency braking features make it less important to remain alert. Hell, it's only a matter of time before the trailer assist feature found in pickup trucks will make its way into big rigs so that even the least competent "driver" can bump a dock. Hell, you don't even have to know how to work a log book or manage your time because elogs do all of the thinking for you. Trip planning means following your GPS. Fuel planning means stopping where the company tells you and pumping as many gallons as they say to pump at that stop.

    They've made the job so easy that anybody CAN do it, so they can hire anybody TO do it. Forget training, because the truck compensates for the skills the drivers of today lack. No skills needed, and no thinking necessary. Then they wonder why wrecks are increasing and big pileups are frequently in the news.
     
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