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Courier Overtime Pay Laws & Courier Overtime Lawsuits

The Fair Labor Standards Act (FLSA) requires employers to pay the minimum wage and overtime premiums to employees who are covered by the Act.   The status of Couriers under the FLSA has evolved in recent years.  In the past, employers could avoid paying overtime by claiming that Couriers were exempt from the protections of the FLSA under the motor carrier exception.  But since around 2005, court decisions have clarified that most Couriers are protected by the FLSA and entitled to overtime pay for working more than 40 hours in a workweek.  Despite this, many employers continue to routinely misclassify Couriers as independent contractors and fail to pay them the required overtime.

Whether a particular Courier is protected by the FLSA is a complicated and highly fact-specific question.  A court may consider the following in determining whether you are covered by the FLSA and entitled to overtime pay: your primary job duties; your other job duties; the gross weight of the vehicle you use in your deliveries; whether you transport property that moves in interstate commerce; and other factors.  If you are covered by the FLSA as a Courier, your employer must pay you a rate of time-and-one-half for all hours worked over forty in a workweek, even if you are not normally paid on an hourly basis.  In addition, some states have enacted overtime laws that may further complicate the picture.

If you believe you have been wrongfully denied overtime, the best option is to contact an experienced attorney who can advise you on your rights.  The FLSA is a difficult statute to navigate, and state laws can complicate the picture even more.  Only an attorney can tell you whether you may be entitled to file a Courier overtime pay lawsuit.  These lawsuits are often filed by an entire group oCourier Overtime Pay Lawsuitsf Couriers against an employer who is not paying overtime.  There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately.  If you wait, you may lose your ability to recover some or all of your back pay.

To determine whether you are eligible to file a wage claim, contact our experienced Courier 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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