Truck Driver Overtime Pay Wage & Hour Laws
Truck Driver Overtime Lawsuits: Wage & Hour Laws

Truck Driver Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about truck drivers:

Do Truck Drivers Receive Overtime Pay?

Truck drivers spend long days on the roads and highways.   A typical workday can include vehicle inspections, completing logs, required rest time, and loading and unloading vehicles.  Many times, a trucker may put in overtime work but not be paid required overtime pay from the trucking company or employer.

There are many types of truck drivers that may fall under the FLSA and be entitled to overtime pay. They include:

  • Armored Truck Drivers
  • Snow Plow Truck Drivers
  • Salt Truck Drivers
  • Tow Truck Drivers
  • Water Truck Drivers

If you drive a semi truck and regularly travel across state lines to make deliveries, then you may be subject to the Motor Carrier Act instead of the FLSA.

If you are a covered employee under the FLSA and work more than 40 hours per week, you may be eligible for time and half (1.5 times) your hourly pay or salary.   If you believe your employer is violating the law, you need to contact an experienced attorney immediately because the time to file these types of lawsuits may be short.

What is the Salary Range for a Truck Driver?

Depending on the company and state where truck drivers are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, truck drivers made between $26,920 to $63,140, with the average annual salary being approximately $43,590.

How Many Truck Drivers Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
1,704,520 0.6% $20.96 $43,590 0.2%

*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 truck driver is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $12.94 $16.09 $19.87 $24.89 $30.36

Where Are Most Truck Drivers Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
Texas 175,780 14.97 1.23 $20.59 $42,830
California 130,640 8.18 0.67 $21.59 $44,900
Pennsylvania 78,320 13.63 1.12 $21.76 $45,270
Florida 77,660 9.44 0.78 $18.91 $39,330
Ohio 70,740 13.25 1.09 $21.21 $44,110

Truck Driver Overtime Pay Lawsuit News

Related Truck Driver Overtime Pay Lawsuit News

Truckers File Class Action Lawsuit Against California Transportation Company

RIVERSIDE, CA — A group of truck drivers for a California trucking business recently filed a class action unpaid overtime lawsuit against the company alleging that the defendant failed to pay the workers for all their overtime pay in violation of California labor and wage laws.


U.S. Court of Appeals Rules Maine Truck Drivers Not Overtime Exempt Under State Law

An unpaid overtime class action lawsuit is making headlines after a U.S. Court of Appeals ruled that a comma, or rather a lack thereof, in a Maine state labor law at the center of the claim may entitle certain truck drivers to overtime wages.


Trucks-Indipendant-Contractors-Overtime-Pay-LawsAre Truck Drivers Really Independent Contractors?

NEW YORK — For many years, truck drivers typically worked as independent contractors, leasing their vehicles used to transport goods across the country for other parties.


calafornia-truck-drivers-file-unpaid_overtime-lawsuitCalifornia Truckers Seek Class Action Status in Two Unpaid Overtime Lawsuits

LOS ANGELES — A California truck driver recently filed a pair of unpaid overtime lawsuits against former employers, one under state and the other under federal wage laws, alleging various labor violations including failure to pay overtime wages.


Navaho Express Truck driver Overtime LawsuitCalifornia Truck Drivers Sue Employer to Recover Back Wages

LOS ANGELES — A group of truck drivers recently filed suit in a California’s San Bernardino Superior Court to recover back wages they say their employer, Navajo Express, owes to them for a variety of federal and state wage laws.


Read All Truck Driver News on Overtime Pay Cases and Settlements

What are the Laws for Truck Driver Overtime Pay?

Whether truck drivers are entitled to the Fair Labor Standards Act’s (FSLA) overtime protections can be a complicated question.  Some drivers are protected, but many are not and are instead exempt under the Motor Carrier Exemption.

The test generally depends on a number of factors including:

  • Whether the driver is a employee of a trucking company, owner-operator, or independent contractor;
  • Whether or not travel occurs across state lines;
  • Whether the goods being transported have or will travel across state lines;
  • The size of the vehicle being driven.

The U.S. Department of Labor Fact Sheet #19 explains the elements of the Motor Carrier Act exemption and can be reviewed though the following link:

http://www.dol.gov/whd/regs/compliance/whdfs19.htm

If you are a covered employee under the FLSA and work more than 40 hours per week, you may be eligible for time and half (1.5 times) your hourly pay or salary.   If you believe your employer is violating the law, you need to contact an experienced attorney immediately.

Is a Truck Driver Entitled to Overtime Pay?

In many circumstances, a truck driver is entitled to overtime pay under the Fair Labor Standards Act (FLSA) if they work over 40 hours in a single work week.

It is especially important for tow truck drivers, snow plow truck drivers, and salt truck drivers to be aware of their rights in the winter months, when their services are needed more often and at all times of the day and night.

However, as a truck driver, you must distinguish if you are covered by FLSA or exempt under the Motor Carrier Exemption. Additionally, some states do have their own overtime pay laws that differ slightly from the FLSA overtime pay laws. For this reason, it is important that you contact an overtime pay attorney if you are a truck driver working in excess of 40 hours per week and not getting paid. An experienced lawyer can help you decipher the laws surrounding overtime pay and determine if you are due overtime wages. .

Does a Company Have to Pay Overtime Wages to a Truck Driver?

Yes, a company may have to pay overtime to a truck driver if they have worked more than 40 hours in a work week, however there are certain exemptions. There is an act call the Motor Carrier Act (Section 13(b)(1) of the FLSA) which exempts drivers who regularly travel across state lines to make deliveries from overtime pay.  Thus, the 13(b)(1) overtime exemption applies to drivers who are:

  1. Employed by a motor carrier or motor private carrier, as defined in 49. U.S.C. Section 13102.
  2. Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety operation of motor vehicles in transportation on public highways in interstate or foreign commerce.
  3. Not covered by the small vehicle exception.

For more information on 13(b)(1) regarding overtime laws and truck drivers visit http://www.dol.gov/whd/regs/compliance/whdfs19.htm.

Every case is different.  Therefore, if you work as a truck driver and believe that your employer is violating the law by not properly paying you overtime wages, contact one of our experienced attorneys immediately. There are strict statutes of limitations to file these types of lawsuits so it is important that you do not wait.  If you wait, you may lose your ability to recover some or all of your back pay.

What Companies Have Denied Overtime Pay to Truck Drivers?

Our overtime pay lawyers frequently represent truck drivers who have been denied overtime wages by their employers. Lawsuits can be brought against large, established truck companies.

Some of the largest truck companies in the United States include:

  • FranTech
  • Moody International,
  • ENGlobal
  • WellsCo
  • GLOVAL
  • Brinks
  • Garda
  • Securicor

Can a Truck Driver Paid by the Day Receive Overtime Pay?

Yes, an employee who is paid by the day may be able to receive overtime pay.

There are a number of different jobs that are paid by the day, including water truck drivers.

Employers often violate the FLSA by failing to pay Day-Rate Workers the required overtime pay resulting in overtime pay lawsuits. If you believe that your employer has underpaid your wages in the past or is currently paying you less than the required overtime pay, you should contact our attorneys as soon as possible to review your case.

To determine whether you are eligible for filing a wage claim, contact our experienced Truck 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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