I am truck driver in Arizona (Class B). I get paid hourly without a log book. The company I work for pays straight time for any hours over 40. Is this a legal pratice:rolleyes:

Interstate or in-state/local only?

In state only

Just to be sure, you are an employee (W-2, W-4, taxes withheld), and not an independant contractor (W-9, 1099, no taxes withheld), right?

It is not uncommon for employers (correctly or not) to try to classify truck drivers as non-employees.

Yes I get a W-2 every year.
I just always get straight time for how ever hours I work and I have recently been told, I should be getting 1 1/2 pay for anything over 40, because I am an hourly employee with no log book.

Not interstate driving
hourly non-exempt

Yup - you should be getting 1.5 x regular pay for over 40 hrs. in workweek

Yes I get a W-2 every year.
I just always get straight time for how ever hours I work and I have recently been told, I should be getting 1 1/2 pay for anything over 40, because I am an hourly employee with no log book.

You were told correctly. You should be getting time and a half for hours over 40.

Have you asked your employer why you are not getting that?

Some employers have a poor understanding of the laws. Others violate the laws with full knowledge that they are dong so. I see little point in punishing those that are ignorant (in a good sense) if they are willing to change and make restitution.

Not interstate driving
hourly non-exempt

Yup - you should be getting 1.5 x regular pay for over 40 hrs. in workweek
GAOvertimeLaywer, for my edification, is it the non-interstate driving that is the key factor here? Does the weight of the truck have anything to do with it? DOT regulations are not my forte. *sigh*

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

GAOvertimeLaywer, for my edification, is it the non-interstate driving that is the key factor here? Does the weight of the truck have anything to do with it? DOT regulations are not my forte. *sigh*

Yes - that is the key here - because the Secretary of Transportatioon does not have authority to regulate non-interstate motor carriers.

Weight may be a key, too, because the Secretary of Transportation now only has the authority to regulate "commercial motor vehicles." These are vehicles with a "gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater."

Thus, because the FLSA Motor Carrier Overtime Exemption only applies to vehicles over which the Secretary has authority, drivers of light-weight vehicles are entitled to overtime pay unless one of the other FLSA exemptions apply.

Here's a link to a short article I wrote on this weight issue which may help explain it a little better: http://gordonllp.com/news/news_detail.cgi/20/1/#footnote5

Phil

Thanks, Phil. I've added your site to my favorites. :D

What is being carried or deliver on the truck is also very important. If the load is still moving in commerce, the truck driver may be exempt from the overtime. As noted above & below in the link to Fact Sheet #19
b) the employee's travel is in interstate commerce (across State lines) or the employee handles trips which connect with an intrastate terminal (rail, air, water, or land) to continue an interstate journey of goods that have not come to rest at a final destination

If the driver is handling goods that has not come to rest – is the same as he crossing the state line – he is exempt from the overtime requirements.

Here is a good example; a costumer goes to a mobile home dealer and orders a mobile home from the dealer. The mobile home dealer orders the mobile home, from out of state. An out of state drivers delivers the home to the dealer, who keeps the home for a few days or weeks until the costumer is ready to accept the mobile home. A local driver delivers the home to the costumer’s home site. If in the week the delivery was made the local driver works over 40 hours, overtime is not due. He handles goods (the mobile home) while in transit, it has not come to rest (while at the dealer) It has come to rest when he delivers it to the costumers’ lot. Weight is not an issue here. The fact the employee is handling goods while in transit in interstate commerce, is the issue. The same would be true on any delivery truck driver who is delivering any special order merchandise that has not come to rest. Or drivers who handle on a daily basis good moving thru commerce such as UPS/FedEx drivers.

You are absolutely correct and I failed to consider that possibility. That is correct, you must consider whether the freight is being carried as part of a continual stream of interstate commerce.