View Full Version : Overtime for Florida delivery / truck drivers Florida
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lltuser 10-23-2006, 01:32 PM Hi! What are the federal and Florida overtime requirements for delivery and truck drivers? Any special exceptions? Thanks! Pattymd 10-24-2006, 03:35 AM Depends on whether or not you travel interstate or in Florida only and, possibly, what type and weight of truck you drive. Do you also load/unload? stevedenver 10-24-2006, 02:08 PM thats got nothing to do with it Fair labor standards act has certain complex provisions regarding local versus non local drivers-and those that sell from the truck- typically dirvers are eligible for ot -the exception being what ive mentioned-in fact it is up to the emplyer to prove the exemption -so make the claim go to 29 usc 213 (11)-this is an exemption from ot for delivery drivers from overtime- not legal advice -just an general overview Pattymd 10-25-2006, 04:24 AM Yes, it does have something to do with it. Certain interstate drivers are exempt from the "overtime in excess of 40 hours per workweek" provision of the FLSA, and the DOT sets a higher minimum. Which is why I asked the questions I did. You're assuming "facts not in evidence". We don't know whether he drives interstate, because he never answered my original questions. stevedenver 10-25-2006, 01:40 PM your right- from the lead off i presumed he was local since she used "delivery" ArmyRetCW3 10-27-2006, 08:52 AM Even if the driver only drives within the state (intrastate) he may be exempt from the overtime laws, if the goods that he is delivering are still moving across state lines (interstate). For example: A costumer goes to a mobile home dealer & orders a mobile home, which is special order. The home he sees at the dealer is a model home. 2-3 months later the home arrives (from out of state) and deliver it to the mobile home dealer. The mobile home dealer calls the costumer to set a date for the final delivery of the mobile home to the costumer’s home site. A local driver delivers the mobile home to the costumer’s home site. Both drivers are exempt from the overtime laws of the FLSA. The first driver drove across state lines, he is exempt. The second driver deliver goods that were still in moving in commerce not “came to rest”. The time spent at the dealer lot is temporary, not permanent. When the good being delivered are still moving in commerce that driver is exempt from the overtime pay requirement of the FLSA. |
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