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Land Line magazine reported that KAG, one of the country's largest petroleum tank truck transporters, will be paying back $14 million in unpaid overtime wages to California truckers after a Fair Labor Standards Act lawsuit.
The article doesn't specify the number of drivers who will be receiving the award from KAG, since the suit made class action status in 2008. Each driver involved, however, will receive compensation based on the number of hours he or she worked.
KAG violated the Motor Carrier Act by not paying their employees time and a half for the hours over 40 they worked each week, even though the company claimed that overtime didn't have to be paid since the drivers were traveling over state lines.
The Fair Labor Standards Act determines overtime eligibility and exceptions based on not only the driver, but also on the type of vehicle being driven. Factors like the weight and capacity of the vehicle, the number of people it holds for commercial use and the number of hours the driver works are all included in the determination. Another important factor is whether or not the driver makes runs outside of the state, and the type of cargo he or she is transporting.
For more information on the FLSA and truck driver overtime, contact the Houston fair overtime lawyers at Kennedy Hodges for your free book and case evaluation. We can be reached at 888.449.2068, or by filling out our online form.
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