The Fair Labor Standards Act requires most employees be paid at least 1.5 times their regular rate of pay for all hours worked in excess of 40. It does not matter that you are paid a salary instead of per hour. However, as a delivery driver, there are certain exemptions to this law that may or may not apply to you depending on the nature of your job. Feel free to call my office at the number below for a free consultation if you would like to discuss this matter further.
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The Fair Labor Standards Act requires most employers to pay overtime to most employees for work hours over 40 in a single workweek. Some employees are "exempt" from receiving overtime. Whether you are exempt depends on the nature of your job duties. The fact that you receive a salary does not mean you are "exempt." In other words, you may be entitled to overtime even if you are paid on a salary basis. If you were to prevail in an overtime claim, then you could recover the unpaid overtime, plus an equal amount as liquidated damages. You could also recover your attorneys' fees and costs. I would encourage you to consult in person with an employment lawyer. In the meantime, you should keep an accurate written record of your actual work hours. Good luck.
My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.