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OFFICE IN ELK GROVE & UTAH | EMPLOYMENT AND LABOR LAW

Truck drivers and overtime pay

by | Sep 2, 2020 | Employment Law

Residents and businesses in California might want to know about overtime pay in the trucking industry. There are several factors involved when determining whether overtime is considered in the pay of a truck driver. With a variety of tasks that include loading and unloading, the required overtime pay is not always forthcoming from the trucking company.

According to Overtime Pay Laws Resource Center, the truckers who fall into the FLSA category are entitled to overtime. Included are snowplow drivers, armored truck drivers, tow truck drivers, salt truck drivers and water truck drivers.

Those who drive a semi-truck and regularly travel across state lines to make deliveries are classified under the Motor Carrier Act, not FLSA. On the other hand, if a driver does fall under FLSA coverage and works more than 40 hours, he or she is entitled to overtime pay. Those who believe that their employer may not be following the law might consult with an attorney with experience in wage and hour claims.

There are approximately 1.7 million truck drivers employed in the United States, and the mean hourly wage is $20.96. The states of Texas and California have the most people employed in this profession.

Unpaid overtime can be a problem for truck drivers. A recent class-action lawsuit was filed in California because drivers had to work shifts lasting more than four hours without providing a 10-minute rest break. Some companies were forcing employees to work shifts longer than 5 or 10 hours without a 30-minute meal break. They also failed to pay for all hours worked.

Drivers who think they may be working overtime without pay may want to consult an attorney versed in wage and hour claims. A legal professional might be an ally in helping recover lost wages.