Workers in the commercial vehicle driving industry may be required to work long and often times arduous hours. An employee in this industry may find he or she is not being paid the appropriate amount given the number of hours they put in on the job. If you are a driver, loader, or helper, and you believe you deserve overtime pay for your hard work, contact one of our experienced FLSA attorneys. A Chattanooga driving overtime lawyer could fight to help you receive the compensation that you deserve.
Overtime Eligibility
Truck drivers, driver assistants, loaders, and truck maintenance workers may be exempted from overtime pay in some cases. Vehicles not subject to the Federal Motor Carrier Act could be an exception to this rule. For example, employers who only operate in one state and do not cross state lines while conducting business. Drivers who operate vehicles with a gross weight ratio below 10,000 pounds could also be eligible for overtime. A Chattanooga driving overtime attorney could help an individual determine if he or she is eligible for overtime and could help recover unpaid wages.
Overtime Wages for Crossing Between State Lines
If a driver crosses state lines in a vehicle with a gross vehicle weight ratio of 10,000 pounds, he or she may be exempt from overtime and would not have an overtime claim. If the driver is working in a business where he or she exclusively drives within one state, then that driver may not be subject to the Federal Motor Carrier Act and he or she could very well be entitled to overtime.
For non-drivers, whether or not they cross state lines could be important. The FLSA does not apply to every single employer in the US. Typically, it applies to employers who bring in gross revenues of $500,000 or more. The overtime laws may at times not apply to smaller companies. It should be noted that even those employers who are small and are not subject to overtime laws as a whole could 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.
Crossing state lines may not only mean getting in a car and physically driving across the line. It could also mean simply making phone calls across state lines, ordering products across state lines, and other things of that nature.
Time Requirements for Overtime Pay Eligibility
There is not a set amount of time that dictates whether someone driving, loading or helping on a small truck is entitled to overtime pay. This is typically determined on a case-by-case basis. If the worker’s primary duty had nothing to do with loading or checking the safety of the truck, then he or she would not be exempt under the FLSA. However, the individual’s primary duty was working on the truck, loading the truck, affecting the safety of the truck, then he or she would likely be exempt from overtime pay.
If you work in the truck driving industry and believe that you are entitled to overtime pay, call us today. A Chattanooga driving overtime lawyer could review your situation and determine whether you are eligible for overtime pay or not. If you are eligible for overtime and your employer has not properly reimbursed you, then our skilled attorneys could fight for your right to compensation.