The owner of our interstate trucking company had mentioned that he would like to change how overtime is calculated for some of our hourly employees. We have a few employees that are classified as drivers but they don't haul loads. Right now we pay them overtime after 40 hours. The owner wants to change it to after 42.50 hours. My question is can he do that? I know for actually drivers who haul loads that the overtime laws don't apply, but does it still apply for drivers who don't haul loads?

It could...it depends on what those drivers who aren't hauling loads do in the office. If they are performing tasks that make them exempt, the employer can change the way in which extra pay is calculated.

Let me know if you have any other questions.

Their main job is spotting (moving trailers in and out of the dock) all day long. Unlike our drivers, they strictly get paid by the hour.

He has to calculate overtime on a 40 hour per week basis...it's the law.