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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20231
Experience:  Assisting employees and employers for over 14 years.
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I work for a company in Minnesota and I am hauling gravel in

Resolved Question:

I work for a company in Minnesota and I am hauling gravel in ND for this company. We are paid $20. an hour and even though our work day starts at a certain hour I don't get paid or the time for the day doesn't start until the gravel is loaded into my truck. I think it should start when I am in the truck waiting in line. Then the other day I had a flat on the trailer and had to go and get it repaired at a shop which took 3 hours now I am told that I only get paid .20 cents a mile for the miles to the shop and back. I was on duty, I couldn't leave the truck. What does the law say about these things? Thank You
Submitted: 2 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 2 years ago.
Thank you for using JustAnswer!

Do you have a written employment agreement or contract with your employer which outlines how you will be compensated?
Customer: replied 2 years ago.
No they don't have any agreements they just hire most anyone who applies as they always need truck drivers and says you make 20.00 an hour and time and half for over 40 and you usually get about 70 hours a week. Thats it
Expert:  JB Umphrey replied 2 years ago.
I see, so no matter what, you're still earning at least the minimum wage, correct?
Customer: replied 2 years ago.
No because it was 34 miles to the shop and at .20 cents a mile that would be 6.80 for 3 hours. But I always thought that if you are on duty you should get paid, he couldn't do anything but man the truck....Sorry this took so long but my power went out 2 hrs ago and I lost internet and they just got it fixed...thats rural Minnesota
Expert:  JB Umphrey replied 2 years ago.
Unfortunately, drivers (such as yourself), are exempt from the overtime pay protections of the Fair Labor Standards Act.

Importantly, Section 13(b)(1) of the Fair Labor Standards Act provides an exemption from the maximum hours and overtime requirements of section 7 of the act, but not from the minimum wage requirements of section 6.

So, while you are not eligible for overtime pay; you should be earning at least the minimum wage for the hours you actually work.

782.1(a)http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.2.41&idno=29#29:3.1.1.2.41.0.389.3

You can always file a wage claim with the state labor department by contacting them at:(NNN) NNN-NNNNor 1-800-DIAL-DLI (1-800-342-5354).

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20231
Experience: Assisting employees and employers for over 14 years.
JB Umphrey and other Employment Law Specialists are ready to help you

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