T
texaswillie
Guest
If it is not too late I'll post some guidance for you. I am discussing ONLY federal and not state laws. You pay is calculated on a "WORKWEEK" basis. That work must consist of 7 twenty four hour periods. Both the day and hour of the day can start anywhere in the workweek, but must end exactly 168 hours later. Your pay is then calculated on the hours you work in a workweek. The employer does not have to pay weekly and may choose to pay bi-weekly, weekly or even monthly. If you are entitled to overtime then the overtime computations are done on a "workweek" basis.
Lets' move to the "truck driving" or "truck riding" aprt of your issue. Under Section 13(b)(1) of the Fair Labor Standards Act there is an exeemption from overtime for certain types of employees.Overtime does not apply to any employee for whom the Department of Transportation's Federal Highway Administration(DOT/FHWA) has power to establish qualifications and maximum hours of service pursuant to the provisions of Sec 204 of the Motor Carrier Act of 1935. Now having written this what does this mean to you?
If you work as a driver, drivers helper, mechanic or loader you mightbe exempt from overtime requirements. In order for this exemption to apply, you as an employee must be moving items that are still moving in interstate commerce. Let me give you an example. You write that you work for a retail furniture store. If that store orders all of their tables and chairs to be sent to their warehouse or store location, then the interstate commece aspect of those shippments stop at the warehouse of store. If you pick up a table and 6 chairs form the store and deleiver that to a customer's home, there is no continuation of the interstate shippment as it stopped at the warehouse or store.
On the other hand if the custoimer paid for a special order item and it was ordered just for that customer, and assuming the shippment was made from out of state, that shipment's interstate commerce path goes all to way to that customer's dining room. What then does this mean to you are a truck driver?
If on a regular basis, youa are the truck driver delivering the table and six chairs moving in interstste commerce, you are exempt from ovetime under Section 13(b)(1) of the FLSA. If on the other hand you are not engaged in these type shipments and you only delivering furniture "off the floor" or "out of the warehouse" to customers, then you are entitled to overtime.
If you cross state lines in making your deliveries then the "no overtime required" provison kicks back in.
This overtime exemption can apply to all four clases of employees I mentioned earlier. The U.S.Department of Labor's Wage Hour Divisison enforces the wage provisisons of the FLSA while DOT regulates interstste commerce driving, etc. Wage Hour can always answer one's questions cocnertign the apllication invoilving soecific facts such as in you case.
Lets' move to the "truck driving" or "truck riding" aprt of your issue. Under Section 13(b)(1) of the Fair Labor Standards Act there is an exeemption from overtime for certain types of employees.Overtime does not apply to any employee for whom the Department of Transportation's Federal Highway Administration(DOT/FHWA) has power to establish qualifications and maximum hours of service pursuant to the provisions of Sec 204 of the Motor Carrier Act of 1935. Now having written this what does this mean to you?
If you work as a driver, drivers helper, mechanic or loader you mightbe exempt from overtime requirements. In order for this exemption to apply, you as an employee must be moving items that are still moving in interstate commerce. Let me give you an example. You write that you work for a retail furniture store. If that store orders all of their tables and chairs to be sent to their warehouse or store location, then the interstate commece aspect of those shippments stop at the warehouse of store. If you pick up a table and 6 chairs form the store and deleiver that to a customer's home, there is no continuation of the interstate shippment as it stopped at the warehouse or store.
On the other hand if the custoimer paid for a special order item and it was ordered just for that customer, and assuming the shippment was made from out of state, that shipment's interstate commerce path goes all to way to that customer's dining room. What then does this mean to you are a truck driver?
If on a regular basis, youa are the truck driver delivering the table and six chairs moving in interstste commerce, you are exempt from ovetime under Section 13(b)(1) of the FLSA. If on the other hand you are not engaged in these type shipments and you only delivering furniture "off the floor" or "out of the warehouse" to customers, then you are entitled to overtime.
If you cross state lines in making your deliveries then the "no overtime required" provison kicks back in.
This overtime exemption can apply to all four clases of employees I mentioned earlier. The U.S.Department of Labor's Wage Hour Divisison enforces the wage provisisons of the FLSA while DOT regulates interstste commerce driving, etc. Wage Hour can always answer one's questions cocnertign the apllication invoilving soecific facts such as in you case.