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Trucker Wages -Understanding FMCSA 14 Hour rule and DOL 16 hour Wage Law

  • Broadcast in Current Events
Aubrey Allen Smith

Aubrey Allen Smith

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Saturday 2-9-19
6PM ET  347-826-9170

Tonight’s show will open up by discussing a few of the most recent court decisions which have made a profound impact on the side of drivers.

   From the recent U.S. Supreme Court decision which ruled to exempt ALL transportation workers from the Federal Arbitration Act, to the most recent ruling from a district court judge in Arkansas, reaffirming that truck drivers need to be paid for every hour they spend in their trucks while they’re not sleeping,  This ruling was based on Department of Labor Wage and Hour Division- Title 29 Section 785 Code of Regulations..

When it comes to drivers wages, there’s a  misunderstanding between the FMCSA’s HOS rules and the Department of Labor’s Wage and Hour Division’s laws. FMCSA rules were created for safety, not for determining wages. The 14 hour rule determines how many hours you may drive and work, The 16 hour rule determines how truckers are to be paid.  
It is because truckers are paid by the mile,regulated by a clock, and enforced by an ELD, that this misperception has taken hold. 

At a time when driver wage reform is at the forefront of many concerns, the courts have established a baseline of minimum wage and how drivers are to be paid using laws which have already been on the books but have been commonly overlooked.

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