Court Says N.J. Drivers Get OT Pay
It is not clear whether the ruling extends to interstate carriers that send drivers through the state. Late last week, lawyers, truckers and government officials were still sorting out the effects of the Third U.S. Circuit Court of Appeals decision.
The three-judge panel in Philadelphia rejected an exemption for trucking in the state鈥檚 requirement that all companies pay time-and-a-half of the full wage for each hour worked beyond 40 in one week. The exemption, issued by the New Jersey Department of Labor, allowed motor carriers to pay 1.5 times the state minimum wage of $5.05 an hour 鈥 a sum far below most trucker鈥檚 wages.
An earlier ruling by the U.S. District Court in Newark, N.J., upheld the department鈥檚 regulatory exemption, but the appellate court said that only the state legislature could make such an exemption.
The decision, however, could drastically alter New Jersey鈥檚 trucking business, said James Stuffo Jr., president of Alto鈥檚 Express in Riverton, N.J.
鈥淚t would affect everything 鈥 starting times, how you route trucks, what freight you take, your rates, the number of trucks you needed to run,鈥 he said. 鈥淚f it really does have such a broad impact, you鈥檇 have to fight this.鈥
For the full story, see the August 9 print edition of Transport Topics. Subscribe today.
听