Overtime pay

[GM64]

What is the name of your state? OH
Hi,I'm a truck driver but I get paid hourly.
I worked 57 hours 2 weeks ago and I was in Chicago for 15 hours out of those 57 hours.My boss paid me straight time for the whole 57 hours saying
since I was out of state,I'm not entitled to get paid overtime............What is this?I have never heard of such a thing.Isn't this illegal?
He paid me overtime when I had 42 hours 3 weeks ago,it was a local run but
Last week,I went to Indiana but he calls this a local run,it doesn't make any sense to me.Any advice would be appreciated.
Thanks!

GM

 

[Beth3]

My boss paid me straight time for the whole 57 hours saying since I was out of state,I'm not entitled to get paid overtime............What is this? Apparently your boss being an idiot.

I have never heard of such a thing. Neither have I.

Isn't this illegal? Yep.

You could have driven that truck into Mexico or Canada and it wouldn't have made any difference - your boss would STILL have to pay you overtime for all hours worked in excess of 40. You might nicely suggest to your boss that he take a read through the Fair Labor Standards Act, which is the federal law that dictates you be paid overtime. If he still refuses, then contact Ohio's Department of Labor and file a complaint.

 

[GM64]

My boss paid me straight time for the whole 57 hours saying since I was out of state,I'm not entitled to get paid overtime............What is this? Apparently your boss being an idiot.

I have never heard of such a thing. Neither have I.

Isn't this illegal? Yep.

You could have driven that truck into Mexico or Canada and it wouldn't have made any difference - your boss would STILL have to pay you overtime for all hours worked in excess of 40. You might nicely suggest to your boss that he take a read through the Fair Labor Standards Act, which is the federal law that dictates you be paid overtime. If he still refuses, then contact Ohio's Department of Labor and file a complaint.

Thanks,Beth 13.
That's what I thought,too.............I tried to tell him that but he didn't want to listen.I took this Chicago run with another driver and he did the same thing to this guy,too.I guess we have to contact labor department in our town when we get a chance.
Thanks again!

GM

 

[Beth3]

You're welcome. Don't wait too long to make a complaint though. There are statutes of limitations that apply.

 

[pattytx]

Guys, aren't there some exceptions for interstate truck drivers?

 

[cbg]

I have a vague idea that you may be right, Patty, but I have no idea what the exceptions are since I've never worked for a company that had their own truck drivers.

 

[pattytx]

Yeah, I have a vague recollection of that somewhere in the back of my head, but couldn't find a particular reference to an exception with a quick search of the DOL site. Maybe it's a DOT exception?

In any case, GM64, you can always contact the Ohio Dept. of Labor and explain your situation. They should be able to tell you if you are or are not entitled to the premium portion of overtime you were not previously paid.

 

[cbg]

It would be under the DOT, I know that much.

 

[pattytx]

I'll contact some colleagues to see if I can find out something more.