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exempt or not South Carolina

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  • exempt or not South Carolina

    I am confused about the qualifications of an exempt vs. non-exempt employee that primarily does pick-up and delivery. (ROUTE DRIVER) The FSLA and the Motor Carrier Regulations seem to conflict or am I wrong? Does one superceed the other? According to the fsla, I should be getting time and a half after 40 hours. The motor carrier regulations , which are much harder to understand, would allow someone to work over 40 without overtime. Which is correct or is there more to it? We drive box trucks in excess of 10000 lbs but no special driving endorsement is needed except for a medical card. We do not use log books. Any ideas? Thanks for the help, X

  • #2
    Shoot, I used to be a bus driver, and I don't even know the answer to this. Hopefully someone else will check in and know more.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    • #3
      Take a hard look at the following (Motor Carrier exception rules). Then if you still have a question, frame in relation to these rules.
      http://www.dol.gov/whd/regs/compliance/whdfs19.pdf

      Very basically the federal FLSA law has to primary provisions. Non-exempt employees must be paid at least minimum wage for all hours worked and must be paid a 50% premium against regular rate of pay for all hours worked past 40 in the workweek. The Motor Carrier exception (if applicable) eliminates the OT premium requirement but not the MW requirement. So if applicable and Bob works 50 hours this workweek, then Bob would have to be paid at least 50 hours times $7.25/hr.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        thanksDAW

        Based on your post and my lack of totally understanding the link you sent, I feel that we may be eligible for overtime pay, not at 1.5 of the rate, but at the hourly rate. Again, I am not looking at the hours of service aspect. I am interested in the overtime pay aspect.... Thanks again.

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        • #5
          If the motor carrier exception applies, it eliminates the overtime premium requirement but you still have to be paid at least min. wage for all hrs. worked in the workweek.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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