Commercial Driver and overtime

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Commercial Driver and overtime

I worked for a company that provided roll off dumpsters to job sites and
residential properties. I would work anywhere from 11-13 hours a day. My
previous employer did not pay overtime, was this legal on the part of the
employer?

Asked on April 16, 2019 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It depends on how you were paid and your job duties or responsibilities.
If you were paid an annual salary, it might be legal--see below. But if you were paid an hourly wage (paid based on how many hours your worked) it was definitely not legal, since all hourly workers are entitled to overtime. 
If you were paid a salary, then the next step is to compare you job to the exemptions from overtime which you can find on the U.S. Dept. of Labor website under "overtime." If your duties and responsibilities or authority match at least one exemption (it could match more than one, since there is overlap), then you were not overtime eligible. But if you did not meet at least one exemption, then even though you were paid a salary, you still should have been paid overtime (extra money) when working 40 hours per week.
(This brings up an important point: overtime is based on weekly hours, not  daily. You get overtime, if eligible for it, when you work more than 40 hours per week.)
If you should have gotten overtime but did not, contact the state department of labor; they may be able to help you. Or you could sue for the money you should have received.
 


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