KAG West Agrees to Pay $14 Million to Truck Drivers for Overtime Violations

Under the Fair Labor Standards Act, an employee is entitled to be paid overtime for all hours worked in a week in excess of 40.  If your employer has you work, off the clock, in excess of 40 hours per week, you are entitled to be paid time and a half or your overtime rate for all hours worked over 40.

One of the largest petroleum tank truck transporters in the country, KAG West, has agreed to pay $14 million to drivers in California to settle a Fair Labor Standards Act class action lawsuit.

According to Business Wire, drivers for KAG West said they were forced to work “off the clock” and were not paid time-and-a-half for overtime work. The settlement ends a five-year FLSA court battle after the U.S. District Court for the Northern District of California granted the case class-action status in 2008.

KAG argued that they did not have to pay drivers time-and-a-half for overtime “under the Motor Carrier Act exemption because its workers drive across state lines or carry products in a continuous stream of interstate commerce.”

Class members will receive settlements based on the “number of shifts worked during the class period,” the news report stated.

If you believe your employer has made you work overtime for which you were not paid, speak to the U.S. Department of Labor or an attorney who handles wage and hour violations.  Scott Behren and the Behren Law Firm will give you a free consultation onyour legal rights.  Also for more about employee legal rights check out takethisjobnshoveitblog.com.


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  • Lily

    Would a driver who was working then and is still working for Kagg West be entitled to overtime pay?