Home delivery drivers who make deliveries to a person’s residence are generally eligible to recover unpaid overtime under the Fair Labor Standards Act. The test is complicated, but if you regularly drive a truck that weighs less than 10,000 lbs. then you are probably covered by the act. This means that your employer must pay overtime wages if you work more than 40 hours in week.
The U.S. Department of Labor Fact Sheet #19 explains the elements of the Motor Carrier Act exemption and can be reviewed though the following link:
http://www.dol.gov/whd/regs/compliance/whdfs19.htm
If you drive a semi truck or regularly travel across state lines to make deliveries, then you may be subject to the Motor Carrier Act instead of the FLSA. Even so, if you believe your employer is violating the law, you should contact an experienced attorney immediately because the time to file these types of lawsuits may be short.
If you would like to discuss your case or concerns with one of our experienced attorneys, please call (855) 754-2795 for a Free Consultation or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs to you unless we recover.