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  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default Employer Doesn't Pay Overtime Because They Say They Are Exempt

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

    I am considering going to work for a company that moves freight as well as hauling bulk fuel and they claim that they don't have to pay overtime since one of their divisions hauls fuel. These divisions go by different names and as far as I know they only haul the fuel and are not "bulk Distributors". I would be working for the freight division and as far as I know the drivers for the freight side do not haul fuel. My question is can they legally not pay overtime to the freight company employees based on the fuel hauling business?

    Any information will be helpful.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Employer Doesn't Pay Overtime Because They Say They Are Exempt

    File a wage complaint with your state's DOL .. it will be up to the company to plead facts that support an exemption

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Employer Doesn't Pay Overtime Because They Say They Are Exempt

    It's possible, there are exemptions in the Colorado wage laws for drivers both interstate and intrastate. I'm also concerned that you may be violating DOT rules if you're working long enough that overtime is an issue.

  4. #4
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Employer Doesn't Pay Overtime Because They Say They Are Exempt

    Thanks for the reply flyingron, DOT regs allow a driver to drive for 11 hours and be on duty for 14 during a 24 hour period and can run as much as 60 hours in 7 days or 70 hours in 8 days so it is very easy to get more than 40 hours in a week without running afoul of the regulations. If I am going to be paid by the hour I would like to be paid overtime pay after forty.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Employer Doesn't Pay Overtime Because They Say They Are Exempt

    Truck Drivers are exempt from overtime pay, unless the company chooses to give it.

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