Crone & Mason, PLC is a pioneering law firm in the area of employee's rights, representing clients nationally in a wide range of employment related class actions and individual lawsuits, many of which with national importance, including overtime, wage and hour, personal injury, employment discrimination, financial fraud, minimum wage, and Fair Labor Standards Act -- FLSA.

The Fair Labor Standards Act FLSA is the federal overtime law setting wage and hour pay.  Crone & Mason, PLC’s overtime attorneys and lawyers wrote the following web sites seeking to educate clients and readers about mandatory overtime pay law: www.OvertimePayLaw.us, www.OvertimeScams.us, and www.StateOvertimeLaw.us.



 

Motor Carrier Employee

The FLSA provides an exemption from the overtime pay requirements, but not the minimum wage requirements, for employees of motor carriers under certain conditions.

Rules

  • Employee must perform, in the ordinary course of his job, work which affects the safety or operation of the motor vehicle.
  • The amount of safety related activities performed in a given week is irrelevant so long as such work falls within the continuing duties of the job in all work weeks

Definitions

  • The “motor carrier” must meet the following requirements to avoid paying overtime:

    Either the business is:
    1. A private carrier that hauls property; or
    2. A contract carrier who hauls property or passengers but only if;
    • your work affects the safety of the operation; and,
    • you travel across state lines or connect with an intrastate terminal (rail, air, water, or land) during your travel
  • Qualified Employees include:
    • a driver
    • a driver’s helper
    • a loader
    • a mechanic

There are other complicated matters that are dealt with by the Department of Transportation regarding motor carriers. Check with an attorney knowledgeable and experienced in this area.


Automobile Dealership Employee

Automobile dealers sell new or used automobiles and trucks.  Employees may or may not be covered depending on two factors.  If you fall into one of the categories below then you are covered by the FLSA and your employer is required to pay minimum wage and overtime: 

  1. If your employer receives at least $500,000 per year in total sales, OR
  2. If your work regularly involves business between states, even if your employer's annual sales are less than $500,000.

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Please view our other web sites:
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