Overtime Requirements for Drivers

Overtime Requirements for Drivers

Overtime Requirements for Drivers

Dewitt, NY November 22, 2010: As a part of its continued effort to keep distributors and suppliers in the gases and welding business up to date on the latest industry rules and regulations, the Fourth Quarter issue of Welding & Gases Today features an article from Richard Schweitzer discussing driver overtime regulations. Schweitzer is GAWDA's Government Affairs and Human Resources Legal Consultant and president of Richard P. Schweitzer, PLLC. His article is called "Must We Pay Our Drivers Overtime?"

According to Schweitzer, commercial motor vehicle drivers who are subject to the federal motor carrier hours of service requirements in 49 CFR Part 395 are exempt from the overtime requirements of the federal Fair Labor Standards Act (FLSA). The FLSA provides an exemption from the overtime requirements (but not the minimum wage requirements) of the Act to any employee with respect to whom the Secretary of Transportation "has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of Title 49 U.S.C."

He explains that in 1981, DOT issued an interpretation of its jurisdiction to regulate driver qualifications and hours of service of drivers engaged in interstate or foreign commerce for purposes of invoking the motor carrier exemption from the FLSA. The DOT concluded that a driver who is called on, or who is subject to being called on, to drive in interstate commerce as part of the driver's regular employment is subject to DOT's jurisdiction.

These are issues that will apply to almost anyone who has a truck on the road. Want to find out more about the regulations and what they mean to you? Head over to http://www.weldingandgasestoday.org and check out the latest issue of Welding & Gases Today, the premiere resource for the gases and welding industries.

For more information, contact Dan Vest, editor of Welding and Gases Today at dan@datakey.org or 315-445-2347.

###

POST COMMENT

Financing A Used Car Helps Students Improve Credit Ratings How To Choose The Right Bus Tour Package For You? Rajasthan Hotels, Package, Vacations Etc. By Shakuntalam Holidays Massachusetts OUI DWAI Suspended Driver License Registrar of Motor Vehicle RMV BAC Heurengine.Packed.Fsg Removal - Fix Now! Affordable Travel Accessories You Should Keep On Hand Istanbul Hotels Near Grand Bazaar(capali Carsi ) Bass Fishing Trips Can Add Some Adventure To Your Vacation How to Find Cheap Baltimore Parking Discount Car Parts - Leverage From Internet Services AB32 Legislation is at a Crossroads in California How to Buy a Used Car in Boston, Massachusetts Nissan in Boston offers Tips for Driving in The Rain