Truck drivers are not allowed overtime if their trucks are over a certain weight, but they, not the employer must prove the weight of the vehicles.

Employees subject to certain Department of Transportation standards under the Motor Carrier Act are exempt from the FLSA’s overtime requirements, but the exemption depends on details including the weight of the vehicle a driver operates. The Fifth Circuit held that a plaintiff driver bears the burden of proving the weight of the motor vehicle, and the plaintiffs’ overtime claims in this case were properly dismissed because the plaintiffs failed to produce evidence of vehicle weight. Carley v. Crest Pumping Technologies, L.L.C., 2018 U.S. App. LEXIS 12669 (5th Cir. 2018). This is not necessarily hard, but since it is the employer who has this information at its finger tips it seems hard to understand why the 5th Cir would make the employee prove this information. Why does the 5th Cir always try and make it difficult for employees prove that their employers are taking advantage of them? Let’s just say just say if you live in the 5th Cir (TEXAS) your rights are subordinate to that of your employer – as far as the 5th Cir. is concerned.

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