|
|
Fact Sheet #47: Minimum Wage , Recordkeeping and Child Labor Requirements of U.S. Law Applicable
to Foreign Commercial Vehicle Operators and Helpers
The U.S. Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (FLSA). This fact sheet provides general information concerning federal minimum wage, recordkeeping and child labor requirements that apply to foreign commercial vehicle operators and their helpers who work in United States territory.
The federal minimum wage (currently $5.15 per hour) and child labor provisions of the FLSA apply to foreign drivers and their helpers for all hours worked in the United States, if the workers spend a substantial period of time in the U.S. A worker who travels more than 25 miles from the U.S. border or spends more than 72 hours in the U.S. on a single visit (whichever occurs first) is considered to have spent a substantial period of time in the U.S. Once a worker has spent a substantial period of time in the U.S. all hours of work in the U.S. on that visit must be compensated at no less than the minimum wage, including hours of work prior to the worker reaching the 25 mile or 72 hour mark. Under certain conditions a worker's "waiting" time may be compensable hours of work.
Wages must be paid free and clear of impermissible deductions -- such as the
costs of operating the vehicle or traveling on the road -- that would reduce
pay below the federal minimum. Deductions that are impermissible when they reduce
pay below the federal minimum include the cost of gas, oil, tires, repairs to
the truck, tolls or the cost of food or lodging for the employees while they
are traveling.
The employer must maintain complete records of all hours worked, wages paid and other information (such as deductions) related to time worked in the U.S. These records -- which do not have to be kept in any particular form -- must be made available to the Department of Labor upon request. The drivers' log books required by the U.S. Department of Transportation do not contain all of the information required under the FLSA.
The child labor provisions restrict persons under 18 years of age from working as drivers or helpers. Hours worked and age requirements for commercial drivers' licenses are regulated by the U.S. Department of Transportation.
For additional information, visit our Wage-Hour website: http://www.wagehour.dol.gov and/or call Wage-Hour toll-free information and help line, available 8am to 5pm in your time zone, 1-866-4USWAGE (1-866-487-9243).
This fact sheet is intended as general information only and does not carry the force of legal opinion.
The Department of Labor is providing this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to correct errors brought to our attention.