Delivery, Courier Van Driver Overtime Lawsuit Investigation
Last Updated on November 10, 2023
At A Glance
- This Alert Affects:
- Home delivery and courier van drivers.
- What's Going On?
- Attorneys working with ClassAction.org are investigating whether class action lawsuits can be filed on behalf of van drivers who weren't paid overtime.
- What Started the Investigation?
- There's a provision of federal labor law that essentially says that if you're driving a vehicle for work that's less than 10,000 pounds, you should be getting overtime. We have reason to believe, however, that some companies may not be following this regulation.
- If You Drive a Van for Work, Here's What You Can Do:
- Fill out the form on this page and one of the attorneys we work with may reach out to you directly to learn more about your job and how you're being paid. If you're not getting overtime when you should, you may be able to help start a class action on behalf of yourself and other van drivers at your job.
- What's the Catch?
- There is no catch - it doesn't cost anything to contact us or to talk to an attorney. We have reason to believe some van and courier drivers aren't being paid properly and we're trying to connect them to attorneys for help.
- How Can a Lawsuit Help?
- A lawsuit could help drivers collect several years of unpaid wages.
If you’re a home delivery or courier van driver who wasn’t paid overtime, ClassAction.org wants to hear from you.
Attorneys we work with tipped us off to a provision of federal labor law that basically says if you’re driving a vehicle for work that’s less than 10,000 pounds, you should probably be getting overtime. They're now looking into FedEx and other companies that employ van drivers to determine whether they’re paying their workers properly. If van drivers aren’t getting overtime when they should, they may be able to start class action lawsuits for their unpaid overtime hours.
Are Van Drivers Entitled to Overtime Under Federal Rules and Regulations?
We believe that courier and home delivery van drivers are entitled to overtime pay when working more than 40 hours a week because of the size of their vehicles and the type of work they perform.
The fact is most employees are entitled to overtime pay – and being paid on a salary does not mean someone is automatically disqualified from overtime. For it to be legal for a company not to pay overtime, the worker must qualify for an “exemption” under a federal law known as the Fair Labor Standards Act (FLSA).
Overtime Exemptions and How They Apply to Van Drivers
The FLSA sets out a number of “exemptions” that outline the types of workers who are not entitled to overtime pay. The exemptions apply to “creatives” like actors and artists and “learned professionals” like doctors and lawyers, among others.
One of the federal exemptions is known as the motor carrier exemption. This exemption outlines which drivers are not entitled to overtime pay. It states, however, that it does not apply to most drivers performing duties on vehicles weighing 10,000 pounds or less. Therefore, if you’re driving a delivery or courier van, you may be entitled to overtime if you’re working more than 40 hours a week.
If You Were Denied Overtime, Here’s What You Can Do
If you’re a home delivery or courier van driver and you’re not getting overtime, fill out the form on this page. Once you fill out the form, one of the attorneys we work with may call or e-mail you to learn more about how you’re getting paid and what your job entails. If they believe you’re owed overtime wages, you may be able to start a class action lawsuit on behalf of yourself and other drivers at your job. It’s important to remember that federal law strictly prohibits employers from retaliating against employees who file lawsuits or otherwise exercise their legal rights.
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