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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113493
Experience:  20+ Years of Employment Law Experience
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I drive a gas truck tanklines co based out of Sacto ca

Customer Question

I drive a gas truck for a tanklines co based out of Sacto ca and they have a truck every so often go to Nevada. So they dont pay overtime but im st a different yard in Concord ca and they are using some loophole to not pay the whole co ot. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
So they are trying to circumvent the law claiming you are out of state truckers under the over the road exemption to the Fair Labor Standards Act. However, if you are not performing such duties and it is being done to circumvent the overtime law, you need to file a complaint with EDD for violation of the CA and Federal Wage Act, since you are not operating as an over road interstate trucker, even though they may be sending an occasional truck out of state.
It is up to EDD to investigate or you can also report it to the US Department of Labor Wage and Hour Division to investigate the entire company to see if this is simply an effort to evade overtime.