Why do truck drivers not get overtime?
For someone in trucking to be exempt from overtime, three factors must be present: Their employer is a “motor carrier” according to DoT regulations. Their regular job duties affect the safety of a motor vehicle used on public highways in interstate and foreign commerce.
Are family drivers entitled to 13th month pay?
Family drivers are likewise not entitled to 13th-month pay because they’re not covered by the Labor Code, the Kasambahay Law, and P.D. 851 or the 13th-Month Pay Law. Please take note that family drivers are different from drivers who are listed as employees of a company or business.
Can a trucking company give you overtime pay?
Sometimes trucking companies will offer to pay drivers some type of overtime to keep them happy or attract new drivers. Due to the recent shortage of truck drivers, we may see more carrier companies offering their employees overtime pay, even though the laws do not require them to offer it.
Can a truck driver get paid overtime in New Jersey?
The Court disagreed, ordering the company to pay nearly 500 current and former delivery workers more than $2 million in back overtime wages. Therefore, even though the truck drivers might have been covered by the federal exemption from overtime pay, the narrower New Jersey exemption did not cover them.
How does the FLSA exempt truck drivers from overtime?
There is an act call the Motor Carrier Act (Section 13 (b) (1) of the FLSA) which exempts drivers who regularly travel across state lines to make deliveries from overtime pay. Thus, the 13 (b) (1) overtime exemption applies to drivers who are: Employed by a motor carrier or motor private carrier, as defined in 49.
What does it mean to be a union truck driver?
Union trucking companies are those that hire union truck drivers for local driving and less-than-truckload transport (small shipments). This way, drivers get home daily rather than just two days a week.
Are there any trucking companies that pay overtime?
agricultural is exempt. trucking companies in general are NOT. construction pays overtime. my last company is hauling vegetable oil by the hour. it pays overtime. but a sod company i once applied for a long time ago said they are exempt. My dad used to drive for a company a few years ago.
The Court disagreed, ordering the company to pay nearly 500 current and former delivery workers more than $2 million in back overtime wages. Therefore, even though the truck drivers might have been covered by the federal exemption from overtime pay, the narrower New Jersey exemption did not cover them.
Do you get overtime if you drive a semi truck?
There are many types of truck drivers that may fall under the FLSA and be entitled to overtime pay. They include: If you drive a semi truck and regularly travel across state lines to make deliveries, then you may be subject to the Motor Carrier Act instead of the FLSA.
Who are exempt from overtime in the transportation industry?
Many employees who work in the transportation industry are also exempt, including those who work as: airline employees motor carriers railroad employees local drivers and their helpers, and taxicab drivers.