what is considered overtime in trucking

Trucking is exempt from FLSA, which is the law that requires overtime pay for other employees. If drivers are being payed overtime pay (1.5 times their hourly rate) after 40/wee or 8/day, it is ONLY because of union or non-union contract or company policy.
NO FEDERAL LAW REQUIRES OVERTIME PAY FOR TRUCK DRIVERS. The federal law that REQUIRES overtime pay for a store cashier, a McDonald's cook, etc. specifically exempts transportation workers with safety sensitive jobs from a REQUIREMENT for overtime pay after 40 work hours per week.

http://www.dol.gov/whd/regs/compliance/whdfs19.htm
Section 13(b)(1) of the FLSA provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to Section 204 of the Motor Carrier Act of 1935, except those employees covered by the small vehicle exception described below.
Thus, the 13(b)(1) overtime exemption applies to employees who are:

1. Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section 13102 (see Employer below);
2. Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce (see Employee Duties below); and
3. Not covered by the small vehicle exception (see Small Vehicle Exception below).

 

Talk about getting the sharp end of a stick. With all the fed regs. a med. card, CDL, ect. and no overtime on a job that is safety sensitve and vital to the nations economy. It's down right criminal. Who's got got there hand in the cookie jar.

 

Note the part I emboldened above; interstate or foreign commerce , Intrastate is not included in that legislation, thus, not all trucking falls under the rule, which is the case in my circumstance and, therefore allows for implementation of state labor laws regarding overtime pay by the hour. Also,as you stated above, there is nothing preventing a union contract, or company policy providing overtime pay to truck drivers.

To the OP, are you an interstate driver, what state are you employed in?

 

federal and many state labor laws exempt employers from over time regs for truck drivers, even if the driver is oaid by the hour over time rules for working over 8 hours a day of 40 hours a week do not apply,

 

And the kicker.....carrier mechanics are exempt too but get it......wonder why...... because they won't tolerate this BS.

Doesn't say much for us....