pay

employ

I don't know if I am posting this where I should but here is my question.

We currently have a fleet of drivers that we hire at a certain rate. They work six days a week forty plus hours.

I want to start a new program that I call the 4/10 for drivers. I want to start them at a much higher rate and only have them work four days a week ten hours a day but no overtime.

I also want to offer this plan to current drivers if they are interested.

Is this legal?

Terri B

Are they exempt drivers?

Christine M

I think it would be hard to make a case that a driver is exempt from the FLSA; they would not fall under the executive, professional, administrative, sales, or computer exemptions. (Perhaps a route salesperson would be an exception).

Are you saying that drivers will only work 10 hours per day, or that they will be paid a weekly rate, albeit higher, that will not vary if they work overtime?

If they are not exempt, you must pay overtime for any hours worked over 40 in a week. As long as non-exempt employees do not work more than 40 hours in a week (week pre-defined by employer and same week for all), by FLSA, you should be fine not paying overtime. However, check state law. If your business is in California, for example, state law requires overtime for all hours over 8 in a day.

I am not familiar with DOT standards relative to minimum rest periods but I think you would want to check those out as well.

Good luck!
Christine

Terri B

Some drivers are exempt. I think she would have to identify their status before she would be able to figure out the rest.