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Titan Trucks, Inc. faces a recent overtime for truck drivers lawsuit filed by former employees accusing the company of violating wage and hour laws on behalf of themselves and all others similarly situated.
Plaintiffs Jerry F. and Ray C. are filing the overtime for truck drivers lawsuit in Oklahoma federal court. The lawsuit was filed on June 6, 2018.
The collective class action lawsuit was filed to recover overtime wages and includes certain employees who worked for the company after June 5, 2015. The lawsuit is brought pursuant to the Fair Labor Standards Act (FLSA).
According to the overtime for truck drivers lawsuit, the plaintiffs and others were categorized as non-exempt drivers for the company. Non-exempt employees are eligible for overtime pay through the FLSA. However, they were not paid overtime of “at least one and one-half their regular rates for all hours worked in excess of forty (40) hours per workweek.”
The lawsuit accuses Titan of “knowingly and deliberately” failing to pay the plaintiffs and others overtime pay. As a result, they hope to recover these unpaid overtime wages.
According to the overtime for truck drivers lawsuit, Jerry says that he worked for Titan during the relevant time period. However, he says that he failed to receive overtime pay for all hours worked that were in excess of 40 hours per week. Ray also says that he worked for Titan during the relevant time and says that he failed to receive overtime compensation pursuant to the FLSA.
The overtime for truck drivers lawsuit was filed on a count of violation of the FLSA and was filed for the failure in paying wages in accordance to the FLSA.
Overview: Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) was enacted to guarantee employee rights and to mandate that employees get fair treatment and fair wage. The FLSA covers overtime pay, interstate commerce employment, limitations on child labor and minimum wage requirements.
According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector in federal, state, and local governments.”
In addition to the failure to pay minimum wage or overtime pay, there are many different FLSA violations. According to the FLSA, overtime pay is granted for hours worked greater than 40 hours per week and includes a pay rate of not less than one and one-half times the rate of regular pay.
Under the FLSA, “overtime” means time that was worked beyond a prescribed threshold. Federal minimum wage is also set at $7.25 per hour. Some other FLSA violations, however, include:
- Misclassification of exempt employees
- Off-the-clock work
- Independent contractor misclassification
- Unpaid on-duty meal and rest breaks
- Improper deductions from salaried employees
- Failure to pay minimum wage
- Illegal tipping practices
- Improper calculation of the regular rate
The Overtime For Truck Drivers Lawsuit is Case No. 5:18-cv-00554-R, in the U.S. District Court for the Western District of Oklahoma.
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