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Is it true that Commercial Truck Drivers can not get pay time and a half after 40 hours

Miami, FL |

I was being paid salary but was changed to hourly and even though I always work more than 40 hours a week, I only get paid regular time for those extra hours. The Company's excuse is that they can't pay [CDL] Truck Drivers time and a half for the over time. If this is not so, Where can I find the rules or laws for this matter?

I am a W-2 employee and drive around the south florida area.Go to Orlando or Tampa a few times a year.I work Monday thru Friday

Attorney Answers 3

Posted

It depends on some factors. Are you employes as a W-2 employee? Owner Operator? Under contract? We need to know more.

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Posted

There are many factors that go into this answer but there is a possibility that it is true that you are not entitled to time and a half for 40 hours under something called the motor carrier exception to the FLSA (Fair Labor Standards Act) regarding minimum wage and overtime or the Florida Overtime requirements. If the only reason they pay that was is because they can't pay overtime, they may not have a proper purpose or be acting in bad faith which may entitle you to liquidated damages in the amount equal to that of what overtime they owe you. You should consult an attorney with your logs and your paychecks and any contract you have with your company to review if you have a claim.

Please consult an attorney on this matter if you so choose. The statement provided is from the facts you have provided and additonal facts may alter my statements.

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Posted

The Department of Labor Fact Sheet regarding the Motor Carrier Exemption appears below. Pay special attention to the small vehicle exception. thus, if the vehicle weights less than 10,000, this exemption will not apply. However, to be sure you should consult an attorney.

Fact Sheet #19: The Motor Carrier Exemption under the Fair Labor Standards Act (FLSA)

Section 13(b)(1) of the FLSA provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to Section 204 of the Motor Carrier Act of 1935, except those employees covered by the small vehicle exception described below.

Thus, the 13(b)(1) overtime exemption applies to employees who are:

1.Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section 13102 (see Employer below);
2.Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce (see Employee Duties below); and
3.Not covered by the small vehicle exception (see Small Vehicle Exception below).
1. Employer

Motor Carriers are persons providing motor vehicle transportation for compensation;
Motor Private Carriers are persons other than motor carriers transporting property by motor vehicle if the person is the owner, lessee, or bailee of the property being transported, and the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise.
2. Employee Duties
The employee’s duties must include the performance, either regularly or from time to time, of safety-affecting activities on a motor vehicle used in transportation on public highways in interstate or foreign commerce. Employees must perform such duties as a driver, driver’s helper, loader, or mechanic. Employees performing such duties meet the duties requirement of the exemption regardless of the proportion of “safety affecting activities” performed, except where the continuing duties have no substantial direct effect on “safety of operation,” or where such safety affecting activities are so trivial, casual, and insignificant as to be de minimis (so long as there is no change in the duties).
Transportation involved in the employee’s duties must be in interstate commerce (across State or international lines) or connect with an intrastate terminal (rail, air, water, or land) to continue an interstate journey of goods that have not come to rest at a final destination.
Safety affecting employees who have not made an actual interstate trip may still meet the duties requirement of the exemption if:
a) The employer is shown to have an involvement in interstate commerce; and

b) The employee could, in the regular course of employment, reasonably have been expected to make an interstate journey or could have worked on the motor vehicle in such a way as to be safety-affecting.

The Secretary of Transportation will assert jurisdiction over employees for a four-month period beginning with the date they could have been called upon to, or actually did, engage in the carrier's interstate activities. Thus, such employees would satisfy the duties requirement of the Section 13(b)(1) exemption for the same four-month period, notwithstanding references to the contrary in 29 C.F.R. § 782.2.
3. Small Vehicle Exception

Notwithstanding the Section 13(b)(1) exemption, the overtime provisions of Section 7 of the FLSA shall apply to an employee of a motor carrier or motor private carrier in any work week that:

1. The employee’s work, in whole or in part, is that of a driver, driver's helper, loader or mechanic affecting the safety of operation of motor vehicles weighing 10,000 pounds or less in transportation on public highways in interstate or foreign commerce, except vehicles:

(a) Desi

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