Consumers and companies alike depend on commercial drivers to deliver goods and provide services. With the increasing demand for delivery, many drivers find themselves on the road for extended periods. Driving is a strenuous job that requires not just moving cargo from one location to another but also performing maintenance or loading trailers.
The laws that govern overtime pay for commercial drivers are different than those for other hourly employees. Federal regulations provide an exemption from the usual overtime rate for commercial truck drivers, but employers still bear the burden of proving that they qualify for this exemption.
Unfortunately, commercial driver overtime violations in Elyria are a common problem. If you believe that an employer has not provided proper pay for your work, a dedicated attorney at Tittle & Perlmuter can help you explore your options.
The Commercial Driver Overtime Exemption
The Federal Fair Labor Standards Act (FLSA) states that all hourly workers must receive overtime pay for all hours worked in excess of 40 in any given week. Truck drivers often exceed these hourly limits.
There is no doubt that many commercial drivers are covered employees under the FLSA. However, this same set of laws provides a specific exemption for commercial drivers. Under 29 U.S.C. § 213(b)(1), people who work under the Secretary of Transportation’s authority do not qualify for overtime.
The Secretary of Transportation oversees the commercial trucking sector. Drivers fall into this category if they:
- Are a bona fide employee of a motor carrier
- Perform “employee duties” for the company
- Drive a vehicle that weighs 10,000 pounds or more
A knowledgeable attorney at our firm can provide more information about what it means to be a commercial driver in Elyria under federal labor law.
Collecting Overtime Payments for Commercial Drivers in Elyria
Even if a commercial driver is not exempt and therefore entitled to overtime pay, they may still have a difficulty collecting their wages from employers. Employers may not understand the FLSA exemption laws, or they may purposefully ignore them in the hopes that their drivers do not know their rights. Consequently, drivers of smaller vehicles often do not receive the proper rate of pay for their labor.
Under Ohio Revised Code § 4111.10, employees in Elyria and throughout the state may demand payment of missing wages in a local civil court. Commercial drivers can pursue reimbursement for lost wages through a civil action and may also recover payment for attorney and court fees. At Tittle & Perlmuter, our skilled lawyers in the area can examine evidence of commercial driver overtime violations and determine whether this option is available to you.
Call an Attorney to Discuss Commercial Driver Overtime Violations in Elyria
Trucking companies place great strain on their drivers. Many truck operators spend more than 40 hours a week behind the wheel, performing loading duties or repairing vehicles. Normally, this would mean that they would earn overtime pay for these hours.
While federal law creates an exemption for many employees in the trucking industry, this does not necessarily mean that you fall into this category. Employers bear the burden of showing that they do not owe you overtime pay. A seasoned attorney at our firm could help you to pursue the wages that you have earned. Contact us today to discuss commercial driver overtime violations in Elyria with our experienced legal team.