As a hourly paid truck driver, is overtime pay mandatory for the employee?

UPDATED: Oct 3, 2011

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As a hourly paid truck driver, is overtime pay mandatory for the employee?

Asked on October 3, 2011 under Employment Labor Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are an employee as opposed to an independent truck driver in California, state law mandates that you are entitled to overtime wages at time and a half for any time worked over eight (8) hours per day and/or forty (40) hours per week in a given work week.

If you are not being paid overtime for the above, you need to speak with your supervisor (or dispatch) regarding the need to be paid for this extra work. If your employer refuses to pay you the allowed overtime pay, you should contact the nearest labor department to you to discuss the situation further where the labor department may actually bring a complaint on your behalf for unpaid overtime wages.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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