BigClassActions.com

Armored Truck Attorney: Court Rulings Open Eligibility for Lawsuits

- by

Miami, FLRecent rulings involving overtime for truck drivers may result in an increase in overtime lawsuits being filed. Specifically, McMaster v. Eastern Armored Services resulted in a ruling for the plaintiff that because the plaintiff was at the wheel of a non-commercial vehicle for almost 50 percent of the time spent working, she should be paid overtime. Ben Stewart, of Stewart Law Group, says the rules governing interstate wage and hour rates are complicated.

“Typically, trucks are considered a vehicle of interstate commerce,” Stewart says. “Regulators have defined that historically by weight. If you are involved in interstate commerce, you don’t fall under state wage and hour rules, you’re governed by the federal Fair Labor Standards Act (FLSA). The FLSA has an exemption for certain truck drivers, but the courts have recently reexamined that rule and stated that it is too broad.”

Essentially, those people who work in or on trucks that weigh more than 10,000 pounds fall under the Motor Carrier Act Exemption, meaning they have not typically been eligible for overtime. Those people who work in or on trucks that are around 10,000 pounds or under and do not cross state lines could be eligible for overtime. This means drivers of armored vehicles - and other people who work within such vehicles, such as guards and bag men - could be eligible for overtime compensation.

“The majority of people who are working in or driving armored trucks and are putting in more than 40 hours a week are entitled to back overtime pay,” Stewart says.
“What’s interesting is that several types of transportation industry employees are now also eligible for overtime. Local bus drivers who are doing city routes and not crossing state lines would fall under the definition.”

Basically, if you work in or on a vehicle that weighs less than 10 tons and you do not cross state lines for that work, if you work more than 40 hours a week, you should be paid overtime. Furthermore, if you are required by your employer to take your lunch break in the vehicle, that lunch break should be paid time.

And, workers who drive larger vehicles but do not drive them across state lines might also be eligible for overtime pay.

Employees who were misclassified as exempt from overtime pay under the Motor Carrier Act Exemption within the past two years may be eligible to file a lawsuit against their employer. This includes people who service or work on armored trucks and those who work on larger vehicles that do not cross state lines.

“These employees should not wait to file a lawsuit,” Stewart says. “The law will change, so they should contact an attorney to ensure they don’t lose their valuable legal rights.”

UNPAID WAGES Legal Help

If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to an employment law lawyer who may evaluate your UNPAID WAGES claim at no cost or obligation.

Reader Comments

Posted by

on
I was working on a job I was sent to by my employer a staffing agency working for a federal contractor the job was funded my the federal money I was bumped off the job because of my age and race we was told on Thursday after working four ten hours that all temp staffing electricians will no longer be needed the job is being shut down the federal contractor and the company is having money problems, which was a lie after we all went home the younger electricians from the temp staffing was called on their cell phones to come back to work that Friday the over 40 electricians bumped off the job not fired or lay off just lie to to get them off the job a violation of the protected group according federal affirmative action rules federal contractor can we suit.

Add Your Comment on This Story

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment:
Request Legal Help