Overtime Requirements for Drivers
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Do gases and welding distributors have to pay their drivers overtime?
Dewitt, NY - As a part of its continued effort to keep distributors and suppliers in the gases and welding business up to date on the latest industry rules and regulations, the Fourth Quarter issue of Welding & Gases Today features an article from Richard Schweitzer discussing driver overtime regulations. Schweitzer is GAWDA's Government Affairs and Human Resources Legal Consultant and president of Richard P. Schweitzer, PLLC. His article is called "Must We Pay Our Drivers Overtime?"
According to Schweitzer, commercial motor vehicle drivers who are subject to the federal motor carrier hours of service requirements in 49 CFR Part 395 are exempt from the overtime requirements of the federal Fair Labor Standards Act (FLSA). The FLSA provides an exemption from the overtime requirements (but not the minimum wage requirements) of the Act to 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 U.S.C."
He explains that in 1981, DOT issued an interpretation of its jurisdiction to regulate driver qualifications and hours of service of drivers engaged in interstate or foreign commerce for purposes of invoking the motor carrier exemption from the FLSA. The DOT concluded that a driver who is called on, or who is subject to being called on, to drive in interstate commerce as part of the driver's regular employment is subject to DOT's jurisdiction.
These are issues that will apply to almost anyone who has a truck on the road. Want to find out more about the regulations and what they mean to you? Head over to www.weldingandgasestoday.org and check out the latest issue of Welding & Gases Today, the premiere resource for the gases and welding industries.
For more information, contact Dan Vest, editor of Welding and Gases Today at dan@datakey.org or 315-445-2347.
About GAWDA
Founded in 1945, the Gases and Welding Distributors Association (GAWDA) is the premier source for manufacturing knowledge, education and networking. Through its member journals, e-magazines, newsletters and industry wiki, GAWDA connects suppliers of gases and manufacturers of related equipment as well as manufacturers of welding equipment and distribution leaders, for the purpose of safely delivering optimal solutions to the users of those products. GAWDA publications are the industry¡¯s voice for all matters related to the latest technology and the most up-to-date processes spanning welding equipment and products and services related to industrial, medical, specialty and cryogenic gases. A 501(c)3 organization, GAWDA members are located throughout North America.
