Commercial driver overtime violations in Cleveland occur more frequently than you may think. Because the rules and regulations regarding overtime pay for truck drivers and other commercial motorists can be extremely complex, employers fail to pay these individuals properly on occasion. Our attorneys could help set things right if you believe you are owed overtime pay.
An employer can pay straight time for overtime if the employee is exempt. An employee may be exempt if they supervise two or more full-time employees, have a high-level decision-making position, or the like. Straight time means that the employee is exempt from state and federal overtime laws. If they are an hourly supervisor, this person should be paid overtime and time and a half.
An employer can pay employees half-time for overtime if the employees are exempt. Anyone else should be paid time and a half except those with a fluctuating workweek. There are rare circumstances where an employer can establish a system wherein employee pay rates build in an excess amount if an employee must work 50 or 60 hours. However, if those employees suspect that they are not receiving payment properly, they should call a lawyer. There are some difficult rules that employers must adhere to, and employers may shortchange employees.
A commercial driver may be eligible for overtime pay if the vehicle that they drive has a gross vehicle weight rating under 10,000 pounds and/or they never drive over state lines. Therefore, if a commercial motorist crosses state lines as part of their job duties or their gross vehicle weight rating is over 10,000 pounds, they are not entitled to overtime pay.
However, if a truck driver crosses state lines while driving, it may not impact overtime pay because the wage and hour laws might not apply to them. The Federal Motor Carrier Safety Act is what the Department of Transportation Authority uses to regulate the road and truck drivers. The wage and hour laws under the Fair Labor Standards Act do not apply to truck drivers.
In Cleveland, to be eligible for overtime pay, employees who drive, load, or help on a small truck should be nonexempt, and either the truck’s gross vehicle weight rating should be under 10,000 pounds or should not travel over state lines. Those employees, including drivers, helpers, and loaders, should be entitled to overtime for hours worked over 40, which is time and a half of their regular rate of pay.
Under state law, all of these positions could affect the safety of vehicles in interstate transportation. However, an employee, such as a mechanic, a loader, or driver, can be exempt under the Motor Carrier Safety Act if they are involved in interstate commerce, meaning that they travel over state lines, and their vehicle is over 10,000 pounds.
If you believe you should have received overtime pay as a commercial driver, you should speak with the attorneys at Tittle & Perlmuter. We could explain why overtime violations happen to commercial drivers in Cleveland and your options moving forward. To schedule your case consultation, call today.