Trucking Companies Face Growing Wage & Hour Class Action Risks

Are you a trucking company? If so, you may face class action legalism for minimum wage, intermittent time and overtime violations.

Trucking companies are essential for our national economy and security. However, trucking companies often take the risk of violating wages and hourly rules (minimum wages, interval time, and overtime).

The Fair Labor Standards Act (FLSA) is the federal law that goes on to pay for hours of working hours. Interstate trucks are usually exempt from overtime. Sometimes, even intracetate trucks can be exempted. But if the truck is £ 10,000. Or need less, overtime.

The minimum wage is a major problem. The truck driver has no discount for the minimum wage. It doesn’t matter how you pay drivers (hourly, by mail, or by work). Drivers’ salary should be paid or exceeded on an hour -long basis. Rarely (but sometimes), overtime can also be a problem.

Common industry errors include:

1. Not counting all work hours as time – only fruitful, driving time – as hours work, drivers fall below the minimum wage.
2. Not for hours work as well as counting less than 20 minutes. Less than 20 minutes should be counted for hours working for hours, even if the driver does not work. This is a compensation break by law.
3. Misunderstanding as an independent contractor. Employees should be paid minimum wages. Independent contractors do not do that. But the trucking industry is notorious for drivers to call independent contractors when they are really employed, and deducted the allegations leaving drivers below the minimum wage. Examples include fuel, e -log and electronic surveillance, safety violations and deductions for insurance that the company deducts from the driver’s earnings. Just calling someone an independent contractor does not cut it. The most unpleasant in the industry, if the company brought the driver to the rig and the driver would have to drive specifically for a company, the driver would almost certainly employ. A real independent contractor will provide all its goods (including the rig), none of the trucking provides through the company, and with it the flat rate will be paid per mile. No deduction.
4. Not to pay over time to enter trucks. These are the drivers Not Over time is exempt because either:
   (A) A truck is £ 10,000. Or less, and even if 1 truck is operated within a week, it is £ 10,000. Or less, this week is not overtime exemption. Or even if more than £ 10,000.
   (B) Interstate element is missing. If the driver does not driving any interstate, including the supply of goods in the interlastic terminal, including the interstate shipment or being available for out -of -state visits, the waiver does not apply.

Two last errors:

1. The implementation of mediation is not a contract. A viable mediation agreement is the only way to force drivers to make claims individually rather than a collective group. The problem is that the federal bar mediation agreements are against the international movement of the goods. According to the Federal Arbitration Act, it is useless to write such a contract. This is worse than useless, because it gives a false sense of security. However, almost every state has its own mediation act. Most state mediation operations have no exception for international transport workers. But it is important to examine your specific condition.
2. To forget about state rules. The state law may apply In addition For federal law:
   (A) The state where the company’s headquarters is located. And/or
   (B) The state where the driver performs the majority of his work.

Titles
Legal fodder trucking