Trucking Company Not Paying Overtime for Dockworkers

My question involves labor and employment law for the state of: Indiana.

Wasn't sure what the most accurate sub thread to put this in would be. I currently work for Old Dominion in Indiana as a dockworker. It is an hourly manual labor job that does not pay overtime until 60 hours are reached. Some of the daily work can be difficult manual labor.

I called the department of labor to inquire why they don't pay overtime. The lady I spoke with stated they don't have to pay overtime if it is loading only. I informed her that it was loading and unloading. It seemed every question I asked came back with a defensive counter. I asked when they last did an inspection on their labor practices. They hadn't been inspected since 2005. I asked if she thought that was a long time and how do they know if they are adhering to the same regulations since then? She said she would do an inspection since the position was loading and unloading. She called back the next morning and her inspection was asking a coworker and that everything checked out fine.

It's a big company so I'm sure they have dotted all their eyes to protect themselves but did the Department of Labor drop the ball? Is there anything I can do? Employees complain daily, some even try to sneak after their scheduled 10 hour shifts 5 days a week because we are being forced to work 11 to 12 hours a day with no overtime pay.

Please move thread if it is in the wrong sub forum.

Unionize and get paid a fair wage for all your work.

They're availing themselves of an exception to the FLSA:

Quote:

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Quoting 29 U.S.C.A. § 213(b)(1)

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(b) Maximum hour requirements.

The provisions of section 207 of this title shall not apply with respect to —

(1) any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49;...

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See also Levinson v. Spector Motor Service, 330 U.S. 649, 67 S.Ct. 931, 91 L.Ed. 1158 (1947) (Discussing both loading and unloading as falling under a definition of ""loaders" of freight for an interstate motor carrier as such class of work is defined by the Interstate Commerce Commission").

That's not to say that they're correct that they're exempt - it is to say that you cannot simply say, "But I also unload stuff" and render the exception inapplicable - you would presumably want to focus on whether your work falls under the definition of "loader" in that you "exercis[e] judgment and discretion in (1) planning and building a balanced load or (2) placing, (3) distributing, or (4) securing the pieces of freight."). Here's a recent case (not from your federal circuit, but discussing the laws at issue.)

Quote:

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Quoting Vaughn v. Watkins Motor Lines, Inc., 291 F.3d 900, 906 (6th Cir. 2002).

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[The plaintiff dockworkers] also agree that "loaders" are not covered by the FLSA's overtime-wage provisions. See Levinson v. Spector Motor Serv., 330 U.S. 649, 673, 67 S.Ct. 931, 91 L.Ed. 1158 (1947) (recognizing that the Interstate Commerce Commission (ICC), which originally had the authority now conferred by the MCA on the Secretary of Transportation, possessed the power to regulate the hours of loaders). A loader is an employee of a private motor carrier whose duties include loading and unloading motor vehicles "so that they may be safely operated on the highways of the country." 29 C.F.R. § 782.5(a) (defining a "loader" for the purpose of the MCA); Levinson, 330 U.S. at 652 n. 2, 67 S.Ct. 931, (approving a similar definition that the ICC had adopted). The applicable regulations recognize a loader's role in the safe operation of motor vehicles by specifying that an employee works as a loader "so long as he has responsibility when such motor vehicles are being loaded, for exercising judgment and discretion in planning and building a balanced load or in placing, distributing, or securing the pieces of freight in such a manner that the safe operation of the vehicles on the highways in interstate or foreign commerce will not be jeopardized." 29 C.F.R. § 782.5(a).

Despite these points of commonality, the plaintiffs and Watkins disagree as to whether these two dockworkers exercised the judgment and discretion necessary to be considered loaders. Rivers and Vaughn argue that genuine issues of material fact exist with respect to the manner in which they performed their duties....

[W]e believe that all reasonable jurors would find that Rivers and Vaughn exercised the judgment and discretion necessary to be classified as loaders. Their duties, consistent with the definition of a "loader," had a substantial effect on the safe operation of motor vehicles. As a result, the Secretary of Transportation had the authority to regulate their qualifications and maximum hours of service, thus making the FLSA's overtime-wage provisions inapplicable to them. We therefore conclude that the district court did not err in granting summary judgment in favor of Watkins on the plaintiffs' FLSA claims.

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Thank you. That answers my question.