If you drive any type of motor vehicle for a living, the Houston, Texas truck driver overtime lawyers at Kennedy Hodges, LLP want you to be aware of changes regarding overtime pay as outlined by the Fair Labor Standards Act, or FLSA.
Previously, any driver over which "the Secretary of Transportation has power to establish qualifications and maximum hours" was exempt under the Motor Carrier Exemption and therefore unable to collect overtime pay. This exemption was regardless of the type of vehicle that you operate.
This is no longer always the case.
After changes in legislation, there are now specific instructions about who is entitled to overtime based on the vehicle instead of the driver. Now, instead of classifying drivers as "motor carriers" or "private motor carriers," the FLSA is focused on whether or not the driver operates a commercial vehicle.
Only drivers of commercial vehicles are exempt from overtime, which could mean more money in your pocket if you provide transportation for compensation, but don't operate a vehicle fitting the following guidelines, according to the FLSA website:
- The vehicle has a gross weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
- The vehicle is designed or used to transport more than eight passengers (including the driver) for compensation;
- The vehicle is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation;
- The vehicle is used to transport goods that are deemed hazardous by the Secretary of Transportation.
Remember that the exemption from overtime includes not only the drivers of commercial vehicles, but also those people who work with these vehicles, including drivers' helpers, loaders, and mechanics.
If you are a truck driver denied overtime in Houston, but you do not operate or work with a commercial vehicle, you could be missing out on thousands of dollars if your employer is violating the Fair Labor Standards Act.
The Houston, Texas fair overtime lawyers at Kennedy Hodges would be happy to sit down with you - free of charge - to help you determine your eligibility for overtime. They have put their decades of experience to work by writing a book that they offer free to workers, entitled Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim.
Call Kennedy Hodges, LLP today at 888.449.2068 for your free copy and to learn more about the Fair Labor Standards Act and what to do if you believe that you have been denied overtime that you worked hard to earn.