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Old 04-01-2009, 12:28 AM
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Default Overtime pay

Why is it that trucking does not require federal laws regarding overtime pay. Everyone that get's paid hourly should be entitled to overtime pay at least after 40 hrs. I would rather see everyone receive OT after 8 hours.

Has any politician ever tried to have these draconian laws changed? With all the scheduled "tea parties" going around and with the economy in the dumps, maybe it's time for a overtime revoloution?
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Old 04-01-2009, 10:36 AM
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Originally Posted by LehighValley View Post
Why is it that trucking does not require federal laws regarding overtime pay. Everyone that get's paid hourly should be entitled to overtime pay at least after 40 hrs. I would rather see everyone receive OT after 8 hours.

Has any politician ever tried to have these draconian laws changed? With all the scheduled "tea parties" going around and with the economy in the dumps, maybe it's time for a overtime revoloution?
I remembering hearing there was some legal loophole in favor of the companies. Something to do with the fact truck drivers are considered unskilled labor, etc... Someone else will square me away about this. That's what I like about Truckingboards, it is like a CB radio. You say something and there's always someone to correct you.
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Old 04-01-2009, 10:44 AM
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I know in California's labor law they have exemptions from overtime for seasonal work, trucking, farm, etc.
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Old 04-01-2009, 11:12 AM
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Motor Carriers are not in Fair Labor Standards Act.

Here is a U.S. Dept. of Labor (DOL) link: http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf
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Old 04-01-2009, 01:04 PM
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Good post, LehighValley. Washington State Supreme Court ruled that truck drivers from that state are entitled to overtime. Apparently it's because the state legislature did not pass a law that has the same language as the Fair Labor Standards Act. Here is a review from a law firm of the situtation in WA.

I'm not a historian but my understanding of the labor history in this country is that the FLSA and other labor laws were brought about due to sweat shop conditions. Workers were exploited in many ways including working long, long hours. Exhausted employees were losing limbs and lives in machinery.

The 40 hour week was a message to employers that due to safety and quality of life isssues, if you work your employees more than 40 hours you will pay them time and half.

While it's unfortunate when a factory worker is injured due to exhaustion, I would think that an 80k lb truck has the potential to cause injury to a lot of innocent bystanders. But in the end, safety is not the most important consideration. The govt exempted truck drivers from the 40 hour work week due to profit considerations.

That's my take on it.
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Old 04-01-2009, 01:20 PM
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Quote:
Originally Posted by LehighValley View Post
Why is it that trucking does not require federal laws regarding overtime pay. Everyone that get's paid hourly should be entitled to overtime pay at least after 40 hrs. I would rather see everyone receive OT after 8 hours.

Has any politician ever tried to have these draconian laws changed? With all the scheduled "tea parties" going around and with the economy in the dumps, maybe it's time for a overtime revoloution?
Google: NFLS Act of 1935.

Yeah, it aint right but it's legal.
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