Overtime Pay for Highway Drivers

snafu

snafu

Active Member
Nov 11, 2009
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www.truckdriverscanada.com
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Joanne Ritchie-----

Productive meeting with the Labour Standards folks; they are very open to working with us on the overtime issue. Their bottom line? Notwithstanding the nature the job and the complexities in the way drivers are paid, the law is quite clear: if an employee works longer than the standard hours (in a day or a week), he or she must be paid at least one-and-one-half times the regular rate of pay. Misinterpreting or misunderstanding the definition of “standard hours” and “regular rate of pay” and “city or highway driver” doesn’t let employers off the hook. Watch for a whole lot of myth-busting in my December Truck News column.
Click to expand...

Posted for those who need to get up to speed, compliant with the Canadian Labour Laws and actually paying overtime like they knew they should have all along.
 
So companies need to follow the law????? Maybe drivers should only work for companies that do follow the law wouldn't that make sense because there are a lot of us out here that do and yes snafu we do pay in the top percentile.
 
Just to clarify then lowmiler, you do pay your highway drivers overtime after 60hrs per week and overtime for all hours worked and or driven on statuatory holidays?


I agree with you though drivers should shun companies that don't abide by the laws.
 
You would be surprised how many companies out there that do not pay the proper overtime pay to there drivers, Over the last couple of years we have had numerous drivers applying for driving jobs that are not being paid there overtime pay. The majority of them that have complained to there employer just falls on deaf ears, Lowmiler I do agree that drivers should only work for legitimate companies that do pay the drivers there proper overtime pay and I believe this would eliminate a lot of these companies that do not follow the law and look for loop holes to get around this law
 
Not bad, 3 posts and agititation and animosity appearing. Before everybody gets their knickers in a knot, take a breath. First, there are clauses for "continuous operation employers." Second, the term "hours" isn't as cut and dried as it seems (hence Joanne's notwithstanding disclaimer), It definitely does NOT mean total hours away from home like some drivers have indicated at times. Percentage and piecework (i.e.miles) complicate things. Snafu strikes me as a driver, I could be wrong. Regardless, do you honestly think the pay schedules of most companies (as they are) were figured out without taking CLC labour standards into account? If you do, you are extremely naive and/or new to the industry. People quite familiar with CLCi and CLCii and the Labour standards regulations have been responsible for pay at most reputable companies for many years.
Happy weekend :)
 
Dave, I've worn both hats. Owned and operated my own truck along with an O/O running under my own insurance.
I wish I could say it was successful but like many, the recession killed me.
That said, I am working as a driver but the truth is, I've worked with and for those most here consider to be reputable over the 30 years I've been at this and with the exception of my current job and two others...none paid their highway drivers overtime.

As DWC said, there are many (I'd say most) who don't pay overtime. Obac.ca ran a poll and it showed the numbers. http://www.obac.ca/Web/default.php

I know of some who said they honestly weren't aware overtime pay was mandatory and I take them at their word. Whether they do it knowingly or not really isn't the issue. The issue is, drivers haven't for the most part, been paid overtime despite there being a law which states they must after 60hrs worked/logged per week. Plus, overtime for working statuatory holidays.

http://www.labour.gc.ca/eng/standards_equity/st/pubs_st/motor_hours.shtml

I'd suggest that labour standards were enforced by a company saying, "this is the way it is".... and many drivers simply trusting them because, that's the way it was told to them by a previous employer. Collusion or everyone singing from the same hymn book...



If one were to accept that there is a driver shortage, then you could look to this glaring example of why drivers are getting out or potential drivers not wanting to get in...

I'm not trying to pick a fight with anyone here, just simply saying that for those who have operated this way, you might want to rethink it.

Have a good weekend all.
 
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