If you’re a truck driver who regularly works more than 40 hours a week in New Mexico and gets paid by the mile or by the load, you need to know your legal rights. A recent case illustrates that truck drivers in New Mexico may be owed unpaid overtime. In Waltrip v. TransWood Logistics, Inc., a New Mexico federal judge granted conditional certification of a proposed collective action under the Fair Labor Standards Act (FLSA).
What the Waltrip Case Is About
The plaintiff in Waltrip alleged that he worked for TransWood as a truck driver in New Mexico, often more than 40 hours per week, but was paid by the load—not by the hour. He claimed he never received time-and-a-half for overtime hours, in violation of the FLSA.
The court agreed that he had provided enough evidence to support moving forward as a collective action. That means other drivers who were paid similarly can now be notified and invited to join the lawsuit.
This ruling sends a clear message: Being paid by the load or the mile doesn’t exempt you from overtime pay. If you consistently worked more than 40 hours per week and were not properly paid overtime, you may be owed significant compensation.
How Employers Avoid Paying Overtime
Many companies in the oil and gas and transportation industries try to get around overtime laws by:
- Paying a day rate, load rate, or mile rate regardless of hours worked
- Misclassifying employees as independent contractors
- Failing to keep accurate records of actual hours worked
- Ignoring compensable time like pre-trip inspections, wait time, fueling, or loading/unloading
Under the FLSA and the New Mexico Minimum Wage Act (NMMWA), you may still be entitled to overtime pay—no matter how you were paid.
Know Your Rights – You Could Be Owed Thousands
If you were paid by the load or mile in New Mexico and regularly worked more than 40 hours a week, you may have a valid claim for:
- Unpaid back wages going back as far as 3 years
- Liquidated damages equal to the unpaid wages
- Attorneys’ fees and court costs
But these claims are subject to strict deadlines—if you wait too long, you may lose your right to recover anything.
Talk to an Attorney Who Knows the Oilfields
I’m Josh Borsellino, a Texas-based employment attorney who represents oilfield and transportation workers throughout New Mexico and Texas in overtime wage claims. I’ve helped hundreds of workers recover millions in unpaid wages. I know how oilfield employers structure pay to avoid overtime—and how to fight back.
If you’ve worked long hours and were paid by the load or mile and work or worked more than 40 hours a week in New Mexico, I want to hear from you.
📞 Call 817-908-9861
🌐 Visit www.oilfieldovertime.com
Don’t assume you were paid correctly. Let’s find out for sure.