Several factors, like the weight of your rig and your destinations, affect your wages if you drive a truck or any commercial vehicle. However, you are entitled to fair compensation for your time and work regardless, and when that right is violated, you may be able to bring a case against your employer with the help of a skilled overtime violation attorney.
Commercial driver overtime violations in Sandusky can be difficult cases to make. Fortunately, if you are a driver who suspects your employer has violated your right to overtime pay, our legal team can help you navigate the civil claims process and overcome any challenges that arise along the way.
Federal Laws Regarding Overtime Pay
The Fair Labor Standards Act (FLSA) governs most hourly wages but exempts some professions from overtime pay protections. The Federal Motor Carrier Exemption applies to many truck drivers in Sandusky, but employers must prove the following elements to claim the overtime exemption for a commercial driver:
- The driver works for a company that transports goods owned by others or the transport company for commerce.
- In addition to working as a truck driver, he or she also serves as a helper, cargo loader, or mechanic for the transport company, and the work directly affects the safety of the vehicle.
- The driver’s job duties include transporting cargo across state lines, or he or she is available to do so.
- He or she drives a vehicle that weighs over 10,000 pounds.
Because the exemptions are complicated, commercial drivers should consult a Sandusky lawyer to discuss whether their overtime rights have been violated.
Avoiding Overtime by Misclassifying an Employee
Commercial drivers who operate smaller vehicles and do not cross state lines could be eligible for overtime pay. Even drivers who are exempt from time-and-a-half overtime pay when operating a large truck for a transport company could be eligible for overtime if they drive smaller vehicles for some weeks. However, employers sometimes misclassify these drivers as independent contractors, which are not covered by the FLSA’s overtime and minimum wage protections.
While misclassifying employees saves employers money because they avoid paying overtime, doing so is a violation of a commercial driver’s overtime rights and could create civil liability. Truck drivers who have been shorted or denied overtime pay after being misclassified should contact legal assistance in Sandusky as soon as possible to discuss filing a claim for compensation.
Other Factors Affecting a Truck Driver’s Right to Overtime
Commercial drivers who qualify for overtime pay should record the amount of time they spend performing non-job-related tasks, such as standing by as cargo is being loaded or unloaded, inspecting cargo, or completing paperwork.
Drivers paid by the hour may accrue break time toward weekly hours. Ohio does not require employers to offer breaks to employees, but break times equaling 20 minutes or less must be paid time if they do. If breaks are 30 minutes, such as for lunch, employers do not have to pay employees unless they ask them to work during that period.
Ask a Sandusky Attorney about Commercial Driver Overtime Violations
Commercial drivers are integral to keeping consumer goods flowing across the state and the country. You deserve to be paid for your work, especially if you go above and beyond your 40-hour workweek. You may be entitled to overtime pay, but how much depends on your circumstances.
If you are experiencing commercial driver overtime violations in Sandusky, contact our office to schedule your initial appointment today. An experienced lawyer at Tittle & Perlmuter can help.