A friend's husband is working for a company based out of Mississippi,but operates out of Alabama. they were told overtime does not start until 60 hours. is this legal?:confused:

Easy stuff first. Overtime is generally only federal law. Neither of the states you mention have any applicable laws, and the state the employer is based in almost never means anything from a labor law standpoint (small exception related to UI, but that is about it). There are a few states that have their own OT laws, but not the ones you mentioned.

Harder stuff now. We are talking federal law only. We have the basic overtime rules that are part of the FLSA law. There is a possible long distance truck driver exception. There is a possible exception to the FLSA law being applicable at all, although I can say that court decisions have made the "interstate commerce" test a very hard one to fail.

Federal overtime rules. (http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf)

Motor carrier exception. (http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf)

FLSA applicable? (http://www.dol.gov/esa/whd/regs/compliance/whdfs14.pdf)

Is the truck greater than 10,000 gross vehicle weight?


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