Chattanooga Unpaid Overtime Issues Involving Driving
There are many Chattanooga unpaid overtime issues involving driving, which is why you should obtain a seasoned lawyer if you have any questions. If you believe your employer is not paying you the overtime you deserve, an attorney can assess your situation and see if you are eligible for overtime benefits. Many truck drivers are exempt from overtime payments, however, there are exceptions. Call one of our lawyers today to schedule a consultation.
Commerical Driver Eligibility for Overtime
Commercial drivers are rarely eligible for overtime. The FLSA regulations say that one of the big exemptions is for industries that are regulated by the Federal Motor Carrier Act, and the Federal Motor Carrier Act governs truck drivers. Truck drivers, driver helpers, driver assistants, sometimes maintenance people, and sometimes people who load trucks are frequently exempted from overtime pay.
Vehicles not subject to the Motor Carrier Act are often an exception to this rule. Employers who only operate in one state and do not cross state lines as part of his or her business are one example of this. Those employees could be entitled to overtime. There may be a driver who drives as part of his or her business and part of his or her employment but drives a vehicle with gross vehicle weight ratio below 10,000 pounds. Drivers of these smaller vehicles, other than big 18-wheelers, might be entitled to overtime. An attorney could assist someone with finding out how his or her job classifies for overtime benefits.
Crossing State Lines While Driving
For drivers, if a person crosses state lines in a vehicle with a gross vehicle weight ratio of 10,000 pounds, then that usually means he or she is exempt from overtime and would not have an overtime claim. However, if the driver is working in a business where he or she exclusively drives within one state, then that driver would not be subject to the Federal Motor Carrier Act and that driver may be entitled to overtime.
For non-drivers, whether or not they cross state lines can be important. The FLSA does not apply to every single employer. It typically applies to employers who bring in gross revenues of $500,000 or more. This means that sometimes the overtime laws will not apply to mom-and-pop shops and other small businesses. The exception to that is even those employers who are small and are not subject to overtime laws, will still be required to pay overtime to those employees who engage in interstate commerce, meaning those who cross state lines as part of his or her job.
One of the Chattanooga unpaid overtime issues involving driving is that crossing state lines not only mean getting in a car and physically driving across the line. It can also mean simply making phone calls across state lines, ordering products across state lines, and other things of that nature. Frequently, for even smaller employers, specific employees are still entitled to overtime.
Other Employees Exempt From Overtime
Unfortunately, many other types of employees involved in trucking besides drivers will be exempt from overtime. To evaluate that, an attorney would look at whether that person’s actions are affecting the safety of the vehicle on the road. With a truck driver, it is obvious that he or she has an effect on the safety of the vehicle on the road. With maintenance people or tire people, most of the time, it will affect the safety of the vehicle and so he or she will be exempt.
For people who are loading the trucks, it is harder to define if they are exempt or not. This will typically hinge on the person’s job responsibilities to determine whether they have a significant enough impact on the safety of the vehicle on the road. For loaders, it would hinge on whether part of their job description is selectively loading the truck for the safety of the truck.
For more information concerning Chattanooga unpaid overtime issues involving driving, contact an accomplished lawyer.
