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Home Delivery Driver Overtime Lawsuits: Wage & Hour Laws

Home Delivery Driver Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about home delivery drivers:

What Is a Home Delivery Driver?

Light truck or delivery services drivers drive a light vehicle, such as a truck or van, with a capacity of less than 26,000 pounds Gross Vehicle Weight, primarily to deliver or pick up merchandise or to deliver packages. They may load and unload vehicle.

What is the Salary Range for a Home Delivery Driver?

Depending on the work setting and state, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, 80% of light truck or delivery services drivers made between $19,200 to $60,630, with the average annual salary being approximately $30,580.

How Many Home Delivery Drivers Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for light truck or delivery services drivers are as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
858,710 0.7% $16.73 $34,790 0.3%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a light truck or delivery services drivers is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $9.23 $11.01 $14.70 $19.89 $29.15

Where Are Most Home Delivery Drivers Employed?

According to the United States Department of Labor, states with the highest employment level of light truck or delivery services drivers are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 99,890 6.26 1.02 $18.21 $37,880
Texas 65,930 5.61 0.92 $15.47 $32,170
Florida 50,660 6.16 1.01 $16.14 $33,560
Illinois 45,750 7.75 1.27 $16.79 $34,910
New York 43,860 4.82 0.79 $17.70 $36,820

Home Delivery Driver Overtime Pay Lawsuit News

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Is a Home Delivery Driver Entitled to Overtime Pay From Their Company?

Yes, a home delivery driver may be entitled to overtime pay from the company they work for if they are not exempt from the Fair Labor Standards Act (FLSA). The exemptions to the statute can be complicated to understand so it is crucial to speak to the best possible attorney that will be able to determine whether or not you are able to file a claim.

However, the general rule of thumb is if you regularly drive a truck that weighs less than 10,000 pounds then you are probably covered by the act. This means that your employer must pay overtime wages if you work more than 40 hours in week. Additionally, if you drive a semi-truck regularly across state lines to make deliveries, then you may be subject to the Motor Carrier Act instead of the FLSA.

Can a Home Delivery Driver File an Unpaid Overtime Lawsuit Against Their Employer?

Yes, a delivery driver may be able to file an unpaid overtime lawsuit against their employer. A claim can be filed when you are legally entitled to these benefits but your employer illegally denies you these wages. If you believe you have been wrongfully denied overtime pay, the best option is to contact an experienced attorney who can advise you on your rights.

The Fair Labor Standards Act (FLSA) is a difficult statute to navigate, and state laws can complicate the picture even more.  In addition, the Motor Carrier Act can complicate things because it can eliminate the federal law depending on which laws the company you work for follows. Only an attorney can tell you whether you may be entitled to file an overtime pay lawsuit.

There are strict time limitations for filing a claim so it is important that you discuss your case in a timely manner. If you wait too long, you may lose your ability to recover some or all of your back pay. An experienced home delivery driver overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for home delivery drivers. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

To determine whether you are eligible for filing a wage claim, contact our experienced home delivery driver overtime pay lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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