When Is a Truck Driver Entitled to Overtime Pay

If you are a truck driver in Houston, Texas not receiving overtime pay for your work, it is important to learn whether or not you are entitled to this extra compensation.

It is useful to note that the Fair Labor Standards Act (FLSA) does not regulate all type of jobs. For example, the FLSA only regulates trucks 10,000 lbs. and under in interstate commerce, or trucks that run outside of state lines.

The Federal Motor Carrier Safety Administration and the Department of Transportation regulate all trucks over 10,001 lbs., which means that drivers of these trucks are often exempt from overtime pay. The exemption from overtime also applies to truck drivers whose duties affect the safety of motor vehicles on public highways and those in foreign commerce.

But what does this mean to a truck driver?

There are many factors besides the above government agency regulations that go into determining whether or not a truck driver is entitled to overtime. This can be daunting to a driver, and many times the driver takes the word of the company they work for - if they are told that they are not entitled to overtime, they accept it and keep driving, in order to keep their jobs.

This is one of the biggest mistakes that a truck driver can make. Under federal law, you cannot lose your job for inquiring about overtime or insisting that you are paid it if you qualify.

The best thing a truck driver can do to determine if he or she is eligible for overtime pay is to discuss their situation with an experienced Texas overtime wage lawyer. The lawyer should be provided with specific information like the number of hours worked each week, whether the trucker is paid by the hour or by the mile, where the driver travels, what their specific job duties are, whether or not they are a commercial driver, as well as the amount of "down time" taking place at the loading dock or destination.

Don't let thousands of dollars potentially go to waste because you don't have the facts. Protect your paycheck by ordering your free copy of the Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim by calling 888.449.2068. The attorneys at Kennedy Hodges, LLP can help you navigate the complicated world of truck driver overtime and get you the compensation you deserve.