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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110470
Experience:  20+ Years of Employment Law Experience
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07/22/2016 I was fired for having a accident inside of the

Customer Question

07/22/2016 I was fired for having a accident inside of the property with company truck, but my real question is this company in Houston Texas Atlantic relocation, I worked almost 3 years and never pay me o my coworkers after 40 hours over time plus very often cheating in my time card with my hrs.
JA: What state is this in? And how old is the truck?
Customer: Texas 2008???
JA: Have you talked to a lawyer yet?
Customer: True internet yes one law firm
JA: Anything else you think the lawyer should know?
Customer: Discrimination
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months 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.
Under the Fair Labor Standards Act, you have to be paid overtime for all hours worked over 40 hours unless you fall into one of the exemptions. From the minimal information you provided, it sounds as though you were a truck driver and could fall under the Federal Motor Carrier overtime exemption.
According to the FLSA, Section 13(b)(1), the Motor Carrier overtime exemption applies to employees who are:
1) Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section 13102 (Motor Carriers are persons providing motor vehicle transportation for compensation; Motor Private Carriers are persons other than motor carriers transporting property by motor vehicle if the person is the owner, lessee, or bailee of the property being transported, and the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise.);
2) Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce (The employee’s duties must include the performance, either regularly or from time to time, of safety-affecting activities on a motor vehicle used in transportation on public highways in interstate or foreign commerce. Employees must perform such duties as a driver, driver’s helper, loader, or mechanic. Transportation involved in the employee’s duties must be in interstate commerce (across State or international lines) or connect with an intrastate terminal (rail, air, water, or land) to continue an interstate journey of goods that have not come to rest at a final destination.) ; and
3) Not covered by the small vehicle exception (The employee’s work, in whole or in part, is that of a driver, driver's helper, loader or mechanic affecting the safety of operation of motor vehicles weighing 10,000 pounds or less in transportation on public highways in interstate or foreign commerce, where the FLSA overtime rules WOULD APPLY).
So, if you fit into any of the definition above in #1 or #2, overtime would not be due you. If you are under #3, then you are entitled to overtime and would file a complaint with the US Department of Labor Wage and Hour Division and they will go back for up to 2 years (3 if you show willful and malicious non-payment, which you may if they were changing your cards). If the US DOL wage and hour division finds the employer owed you overtime, they will recover not only the overtime due, but an amount equal to that for damages (possibly an amount 2 times what is due if they find the conduct willful and malicious).
So, if you fit into #3 and not the other categories, you need to contact the US DOL Wage and Hour Division as soon as possible and get your complaint filed for them to pursue.