i would work from 50 to 80 hrs a week and get paid by hour. on my check stub they would put that we worked more hours plus overtime at a lower pay rate per hour. sometimes i would work up to 36 hours straight. Are we suppose to be paid overtime

What do you do and what type of business (not its name) do you do it for?

I am a local truck driver . we haul mud from oil drilling rigs

There may be an exception for your type of driving. But this is not my area of expertise.

DAW?

is it legal for them to put on my check stub that we get paid for more hours at a lower pay rate than the hours that we really work.

There may be an exception for your type of driving. But this is not my area of expertise.

DAW?

No idea. The only trucking exception that I am aware of is the Motor Carrier exception and this probably is not it.
http://www.dol.gov/esa/whd/regs/compliance/whdfs19.pdf

is it legal for them to put on my check stub that we get paid for more hours at a lower pay rate than the hours that we really work.

Pay stubs are very state specific and TX is not my state. TX does require that the pay rate be listed on the stub, and I suppose it is possible that TX would care if a bad rate was listed. However I have no idea just how much they care and even if they do care, who the penalties would go to (could be the penalties go to the state, not the employee).

IMO, focus on the big things, which are minimum wage and overtime. See if those laws are being followed. Could there be some obscure overtime exception related to local truck drivers driving drilling mud that no one has heard of? Sure, anything is possible. Or not.

This is an odd type of deliberate mistake for the employer to make however. Too many laws key in on hours actually worked. Most employers who are playing games try to understate hours worked, not overstate hours worked. I am missing the logic here.

This is an odd type of deliberate mistake for the employer to make however. Too many laws key in on hours actually worked. Most employers who are playing games try to understate hours worked, not overstate hours worked. I am missing the logic here.

So am I. I'm wondering if it is possible that the workweek does not coincide with the pay period. :confused:

OP, can you give us an example of a recent paystub vs. the hours you actually worked?

the pay period is from sunday to saturday. It is a 24 hour operation. they have day and night drivers. If I would work 60hrs from monday to saturday on my check stub it would say, 40hrs regular and 30hrs overtime at pay of $12hr. The amount of hours I turned in on my paperwork would be paid at $16.80hr straight time not time and a half.

If your base rate of pay is $12/hr, it looks like they are taking your hours times 1.5 and paying at your straight-time rate, instead of taking the overtime hours and paying them at 1.5 times your base rate of pay. That would be a dumb (IMHO) way to do it, but it would result in the same dollar amount.

Where does $16.80 come from? Or is your straight-time rate something other than $12?

heres my last week of work hours maybe it will explain better. I worked and turned in paper work for 30.25 hours at $16.80 is $508.20. On my check stub for that week it says 40hrs regular plus 1.5hrs overtime and the pay rate is $12hr. They told us that the company charges $70hr for the truck to do the job and we get paid 26% of what the truck charges. That is $16.80hr.

They charge you for the truck? Did you sign an authorization for this charge? This is getting more complicated by the moment, and more complicated than we can probably handle on a general advice internet board.

At this point, I would suggest filing a claim for unpaid overtime pay. You have 180 days to file with the TWC. Or contact an attorney; there may be even be the possibility of a class action suit.

they charged the customers like devon energy, xto energy.they are oil drilling companies. For the truck to do a job they charge $70hr we get 26% of the $70hr which is $16.80hr.

OK. Then $16.80 is your hourly rate? Is that consistent?

26% of $70 is $18.2.... Something dosn't seem right here. :confused:

26% of $70 is $18.2.... Something dosn't seem right here. :confused:

I admit I didn't do the math. For 30+ years in payroll, you think I'd know better. :o

my mistake . It is 24% of the $70hr. That is $16.80hr. It pays by the hour.