Truck drivers face challenges in receiving overtime pay

A Winfield, Indiana, trucking company was forced to reimburse $51,000 in overtime pay to its employees after a local judge ruled the company improperly with held payments, the Northwest Indiana Times reports.

Kevin Misch Trucking and Excavating Inc. and owner Kevin Misch were found to have violated proper payment and payroll laws, the U.S. Department of Labor said in a release. The company was found responsible for not paying its truck drivers the appropriate one-and-a-half times their salary for overtime work. Misch will be forced to compensate for payments not made between November 2003 and May 2007.

"The Wage and Hour Division is committed to ensuring compliance to protect and enhance the welfare of the nation's workforce," said Patricia Lewis, district director in the Wage and Hour Division's Indianapolis office.

The Fair Labor and Standards Act calls for increased pay for employees working more than 40 hours per week. However, Richard Schweitzer, a legal consultant for the Gases and Welding Distributors Association argues the opposite. In an article for Welding & Gases Today magazine, Schweitzer argues that interstate truck drivers fall under the Department of Transportation and thus are exempt from FLSA laws.

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