The Department of Labor’s Wage and Hour Division sent a clear message to Fitzhugh Contracting LLC and other motor carrier companies that truck drivers are entitled to overtime pay when they work beyond 40 hours in a single work week. According to Alabama Media Group, the logging and contracting company is required to pay $56,367 in back wages and another $56,367 for damages to 63 workers. The total payment of $112,735 is for paying employees at their regular rate for overtime work; a violation of the Fair Labor Standards Act.
Truckers and overtime pay
As they do with any other employee, companies must pay overtime to truck drivers who work beyond the standard 40 hours in a single work week. However, there are some exemptions to this requirement. The Fair Labor Standards Act (FLSA) includes what is called the Motor Carrier Act. Found in Section 13(b)(1), it exempts companies from paying overtime to drivers who travel across state lines for deliveries on a regular basis. This same exemption applies to drivers who do not fall under the small vehicle exemption, drivers working for a company that meets the definition of 49. U.S.C. Section 13102, and those drivers and other workers whose duties involve the safe operation of vehicles involved in interstate and/or foreign commerce.
Full information on overtime for truck drivers can be found at the United States Department of Labor website.
Vigorously pursuing companies that violate laws
Frank McGriggs is the deputy regional administrator for the Wage and Hour Division in Atlanta. McGriggs said it is unlawful for employers to attempt to increase their profits by underpaying drivers, falsely classifying them as independent contractors, or failing to pay overtime properly. There have been several other similar suits in recent years. McGriggs advises all companies to take note of the possible consequences of violations.
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