disallow FLSA exemption for trucking upon order requiring EOBR's
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The FLSA exemption for trucking, exempting interstate truck drivers from overtime wages is as old as the driver daily records (log book) regulations that have been rewritten in the last few years.
The exemption was a political move to appease big business trucking, as they used the claim that when trucks are out on a trip they cannot track a drivers work and break times to substantiate any kind of hourly pay for non- driving times or track their driving hours in excess of the basic 40 hour work week.
These arguments will become mute with the requirement for electronic on board recorders that will track ALL ON DUTY HOURS, and show the employer ALL work hours.
In as much as the exemption was and is at the discretion of the Secretary of Transportation, we hereby petition the Secretary to withdraw that exemption immediately upon the effective date of any rule mandating the installation and use of on board recording devices and or electronic driver records.
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