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SC - no overtime pay for truck drivers South Carolina

On Lawyer & Legal » Employment & Labor Law

2,162 words with 4 Comments; publish: Sun, 28 Sep 2008 19:17:00 GMT; (80044.92, « »)

My husband drives a truck, delivering gas locally (he's home every night). He's required to work 55-60 hours a week but doesn't get paid overtime. I know there's a law in SC stating that the company doesn't have to pay OT if their drivers cross state lines. But my husband has been there for 9 months and has never crossed a state line. Neither have any of the 30 (plus) men he works with.

So I'm curious .. are they covering their butts by saying that there's a possibility that a driver may cross a state line?

I was thinking about seeing an attorney about this.

What do you think?

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  • 4 Comments
    • My husband drives a truck, delivering gas locally (he's home every night). But my husband has been there for 9 months and has never crossed a state line. Neither have any of the 30 (plus) men he works with.

      Overtime should be paid if all driving is done in state, as indicated under employees duties #2, in this link...

      http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf

      Employee Duties

      Transportation involved in the employees duties must be in interstate commerce (across State or international lines) or connect with an intrastate terminal (rail, air, water, or land) to continue an interstate journey of goods that have not come to rest at a final destination.

      #1; Mon, 29 Sep 2008 14:38:00 GMT
    • Overtime is a function of a federal law (FLSA) and is not possible for SC or any other state to pass a law making federal overtime requirements to go away. There is however a possible exception in federal law which might be applicable. You will need to read the Federal Motor Carrier exception. (http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf)
      #2; Sun, 28 Sep 2008 20:37:00 GMT
    • You might also want to read the link below to see if the FLSA applies (though it would be rare that it didn't)

      http://www.dol.gov/esa/whd/regs/compliance/whdfs14.pdf

      & here is the federal overtime rules:

      http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf

      Be sure to read DAW's link re motor carrier exceptions to OT.

      #3; Sun, 28 Sep 2008 21:15:00 GMT
    • That's the same link DAW gave - it would be pd. if none of the exceptions in the link apply & as long as the FLSA does apply.
      #4; Mon, 29 Sep 2008 18:03:00 GMT