Delivery Drivers Overtime Pay Lawyer

Summary: While some delivery drivers may be exempt from overtime, many of these workers are entitled to compensation for overtime hours. If your employer is denying you overtime, they may be violating federal or state law. Contact us today to receive your confidential review and find out what recourse may be possible.

Employees who are properly classified as exempt workers do not need to be paid overtime even if they work more than 40 hours per week. While exempt workers can be found across a range of industries, employers will often misclassify members of their workforce to avoid paying overtime that is actually owed.

Drivers for food delivery and other local delivery services are frequently victims of wage theft involving overtime pay. A delivery drivers overtime pay lawyer can help. A seasoned unpaid wages attorney can stand up for your rights and help you successfully pursue a legal claim for all compensation owed to you.

Understanding Delivery Driver Overtime Pay Exemptions

Far too often, delivery drivers are the subject of wage theft. This can take various forms, including being deprived of their full earned wages through overtime violations.

Under the federal Fair Labor Standards Act (FLSA), any worker classified as nonexempt must be paid overtime when they exceed 40 hours in a given workweek. Overtime pay should be equal to time-and-a-half the worker’s regular pay rate.

The FLSA does exempt some types of delivery drivers from overtime:

• For example, if the driver is employed to operate a commercial truck with a GVWR greater than 10,000 pounds and move goods in interstate commerce, they are often exempt from overtime
• Another situation where a delivery driver may be exempt from overtime is when they work as an independent contractor, and meet the legal requirements for such

Otherwise, most delivery drivers should be paid for every overtime hour worked by their employer.

If you are a delivery driver and you believe your employer is violating various wage and overtime laws, an attorney can review your situation to help you build a case for fair compensation.

Overtime Pay Violations & Other Forms of Delivery Driver Wage Theft

There are several common types of overtime pay issues and related violations that a delivery driver wage theft attorney can help with. One of the most common violations is when a delivery company misclassifies an employee as an independent contractor to avoid paying overtime and other benefits.

Factors that can be used to distinguish between an employer-employee relationship and an independent contractor include:

• Whether the work requires initiative and special skills
• How much control the company has over the work you do
• Whether your relationship with the employer is permanent or indefinite
• Whether or not the decisions you make for the job ultimately impact the compensation you are paid and whether or not you have a profit or loss
• How invested you are in the business (e.g. an independent contractor will usually have to provide their own vehicle and cover all fuel, maintenance, insurance, etc)

When a delivery driver is entitled to overtime and is not properly compensated for overtime, they may be entitled to:

• Back pay
• Liquidated damages
• Other compensation, such as interest on unpaid wages

Claims involving delivery driver wage disputes may also involve issues such as an employer who withholds tips, engages in minimum wage violations, or pays straight time for overtime.

Get Help from a Delivery Drivers Overtime Pay Attorney

Delivery and other courier employees often miss out on the rightful wages they are entitled to because of misclassification or other overtime violations by employers. A delivery drivers overtime pay lawyer has an in-depth understanding of both state and federal laws.

An attorney will safeguard your legal interests while working tirelessly to hold your employer accountable for any instances of wage theft. Do not hesitate to contact us today to secure your free and confidential review.