My husband workers for a local Produce company. We works anywhere fomr 8 hours to 12 hours a day. Depends on his routes, and how many companies he has to deliver to.

He is paid $100.00 a day for his work. he works well over 40 hours a week. Yet no overtime is paid. Is this illegal for his company to do?

The devil is in the details.

If your husband is being paid at least minimum wage for all hours worked (including overtime), then the company is paying correctly.

For example, your husband works six days, twelve hours hear for a total of 72 hours and is paid $600. He must be paid at least $651.20 (40 hours times minimum wage of $7.40 for your state plus 32 hours times minimum wage times 1.5). In that case, the six days times $100 would be less than legally required.

Then there is the question of sales -- if your husband is expected to try to get new customers, the whole equation changes.

There is also a 13(b)1 truck driver overtime exemption that may be applicable... See this link

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