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Driver complains his classification denies him overtime pay

Many consumers enjoy goods from all across the country because of the work of truck drivers. These men and women drive the roadways in Florida and elsewhere and expect to be compensated for the long hours that they spend away from home. Whether the drivers receive payment for overtime is dependent upon the way in which they are classified. If drivers work the hours and are not classified correctly, the drivers may turn to the law to receive their unpaid overtime.

A driver for Midwest bakery company has been granted class action status in his federal lawsuit. This suit will now be extended to include about 500 other drivers who will be alerted by mail of the option to join the case. According to the complaint, the drivers are classified as exempt based upon the old functions of their jobs. Originally, the drivers transported the products to different locations and then receive a commission on the sales of the goods. This classified them as sales representatives and made them ineligible for overtime.

Now, the drivers only deliver the goods and stock shelves but no longer receive commissions based on sales. Many of the drivers were allegedly working approximately 50 hours per week but were not paid overtime. This was due to the drivers still being classified as exempt under the old job description.

The original plaintiff contends that that old model of his job description is incorrect, and when he works more than 40 hours per week, he believes he is entitled to overtime. If the plaintiffs successfully document their claim, this may result in a court order reclassifying them as well as be compensating them for any unpaid overtime and other related financial losses. Florida employees who find themselves in similar situations have every right to pursue legal recourse against their employers.

Source:, "Drivers cleared to sue Nickles", Feb. 18, 2015

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