Unpaid Overtime Compensation Recovery

Summary

The user, an employee of Montana Air Cartage, alleges that he has not been paid overtime despite working 50-65 hours per week. He is based in Idaho but receives his paycheck from Montana. He drives a 26-foot box truck for deliveries, often crossing state lines, which could potentially fall under the Motor Carrier Act exemption. He has paystubs as evidence of his claim and believes he is owed over $80,000 in unpaid overtime from 2018 to present. He has not yet taken any steps to address this issue with his employer. He is advised to consult with a labor attorney and possibly file a wage claim with the Idaho Department of Labor.

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The company i work for prorates hours and doesnt pay overtime
What state are you located in, ****? This will help me provide the most accurate information regarding labor laws in your area.
I'm in idaho but iget my check from Montana
What is the nature of your work and how many hours do you typically work in a week?
Delivery and pickup hours are anywhere from * to * every two weeks
What is the nature of your employment contract? Are you considered an exempt or non-exempt employee?
I pay taxes
Are you classified as an independent contractor or an employee in your contract?
Employees
What is the overtime policy stated in your employment contract?
As far as i know there is no contact
Do you mean there is no contract or there is no mention of overtime in your contract?
No contract
What is the company's policy on overtime pay?
I don't know exactly
Do you have any written communication or company policy documents that mention overtime pay?
No
What is the name of the company you work for? This will help me find specific labor laws applicable to your situation.
Montana air cartage
What is the exact location of your work in Idaho? This will help me provide the most accurate information regarding labor laws in your area.
Idaho falls Idaho
What is the average number of hours you work per week?
Anywhere from * up
Do you receive any form of compensation for the hours worked beyond the standard *-hour work week?
No
What is the pay rate for the hours you work?
*.*
What is the frequency of your pay - weekly, bi-weekly, or monthly?
Bi weekly
What is the total number of hours you work in a bi-weekly pay period?
* hours
What is the total number of hours you work in a week?
* to *
What is the total amount you receive in your bi-weekly paycheck?
*.* to *.*
What is the total amount of hours you work overtime in a week?
* to *
What is the total amount of overtime pay you receive for the * to * hours of overtime work each week?
*.*
What is the overtime rate mentioned in your pay stubs?
*.*
What is the overtime rate according to the labor laws in your state?
Time and half
What is the name of the court nearest to your location in Idaho Falls, Idaho?
Bonneville County court house
What is the specific legal action you are considering against your employer?
According to Montana law they can't prorate hour's and have to pay time and half for time
What evidence do you have to support your claim against your employer?
Paystubs
What is the date and time mentioned on the paystubs where you believe you were not compensated correctly for overtime?
From * to present
What is the total amount of overtime pay you should have received according to the labor laws in your state for the * to * hours of overtime work each week?
Over * hour's
What is the total amount of overtime pay you believe you are owed from * to present?
*,*
What steps have you taken so far to address this issue with your employer?
Just trying to find a lawyer who can answer my questions on if it can be done
What is the overtime policy in Idaho and Montana?
Idaho is time and half Montana law is the same
What is the total number of employees in your company? This information can help determine if federal laws such as the Fair Labor Standards Act apply.
* to *
What is the nature of your job duties? This will help determine if you fall under any exemptions from overtime laws.
Picup and delivery
What is the nature of the items you pick up and deliver? This will help determine if you fall under the Motor Carrier Act exemption from overtime laws.
Anything from furniture to medical machines
Do you drive across state lines for your deliveries? This could potentially fall under the Motor Carrier Act exemption, affecting overtime pay rules.
Yes
What type of vehicle do you use for your deliveries?
* foot box truck
Does your job involve interstate commerce, meaning do you transport goods across state lines?
Yes
What is the gross vehicle weight rating (GVWR) of the truck you use for deliveries?
*
Do you have a commercial driver's license (CDL)?
Yes
What is the gross vehicle weight rating (GVWR) of the truck you use for deliveries?
*
Do you have any records or logbooks of your work hours and the deliveries you made?
Yes
What type of goods do you usually transport across state lines?
Furniture to medical
Do you have any documentation or proof of the hours you worked overtime?
Yes
What is the name and contact information of your employer in Montana?
Montana air cartage *-*-*
What steps have you taken so far to address this issue with your employer?
None so far
What steps are you planning to take to address this issue with your employer?
Nothing until i have some answers to see if my information is correct
What type of employment contract do you have with Montana Air Cartage? This will help determine your eligibility for overtime pay.
No contract except being hired that i know of
What type of work do you do for Montana Air Cartage?
Driving trucks and deliveries
What type of goods do you usually transport across state lines?
Furniture and medical
Do you have any written communication or emails where you have discussed this overtime issue with your employer?
No
What is the total number of hours you work in a day?
* to *
What is the total number of hours you work in a week?
* to *
What is the total number of hours you work overtime in a day?
* to *
What is the total number of days you work in a week?
*
What type of vehicle do you use for your deliveries?
* foot box truck
What is the gross vehicle weight rating (GVWR) of the * foot box truck you use for deliveries?
*
What type of goods do you usually transport across state lines?
Furniture and car parts and medical
Do you have any documentation or proof of the hours you worked overtime?

General Information:
- Idaho and Montana both require overtime pay of *.* times the regular rate after * hours of work in a week.
- Bonneville County Courthouse, Idaho Falls, Idaho: (*) *-*.
Paystubs
What is the name and contact information of your supervisor or the person responsible for your pay at Montana Air Cartage?
Jeff z
What is the contact information for Jeff Z at Montana Air Cartage?
*-*-*
What steps have you taken so far to address this issue with your employer?
Need lawyer to answer my questions to see if i have a case
What type of evidence do you have to support your claim for unpaid overtime?
Paystubs
What is the total number of hours mentioned in your paystubs for each pay period?
Anywhere from * regular hours to * hours or more overtime
What is the rate of pay mentioned for the overtime hours in your paystubs?
Regular time *.* hour
What is the total amount of overtime pay you received for the overtime hours mentioned in your paystubs?
*.* to *.*
What is the total amount of overtime pay you should have received according to the labor laws in your state for the overtime hours mentioned in your paystubs?
It was over *,* dollars
What steps have you taken so far to recover your unpaid overtime?
Would like answers from you if it is possible to recover overtime pay
Yes, it is possible to recover unpaid overtime. You can file a wage claim with the Idaho Department of Labor or sue your employer in court. Please consult with a labor attorney for specific advice.