Truck Drivers Sue Pilot Travel for OT Violations

Former truck drivers have filed suit in federal court in New Mexico against Pilot Travel Centers, LLC and Pilot Corporation for alleged violations of state and federal overtime laws.  The lawsuit alleges that while working for Pilot, truck drivers would work on a “5-2-5-3” shift schedule, which means they would work five days, have two days off, work five days, and then have three days off before the schedule repeats. However, according to the suit, the truck drivers never received overtime for hours worked in excess of forty (40) in a single workweek. The plaintiffs alleged that they hauled crude oil for Pilot throughout New Mexico. 

The court subsequently ordered several of the named plaintiffs to arbitrate their claims.  The case is styled Waltrip v. Pilot Travel Centers, LLC et al, Civ. No. 21-642 GBW/KRS, and is pending in the District of New Mexico. If you worked as a truck driver for Pilot and were stationed in any of Pilot’s New Mexico yards, such as those in Artesia, Carlsbad, and/or Lovington, you should speak with an experienced overtime attorney as soon as possible about your potential right to overtime pay. 

The NMMWA regulates the wages paid to employees who work over forty hours in a week. Companies often claim that the Federal Motor Carrier Act (“FMCA”) preempts the NMMWA.  But multiple federal appellate courts that have addressed whether the FMCA preempts states wage laws have concluded that it does not. This law does not stand as an obstacle to or interfere with the Secretary of Transportation’s regulation of motor safety. Consistent with the holding of every Circuit Court that has addressed this issue, the FMCA does not preempt the overtime requirements of the NMMWA.

If you have worked as a truck driver  and were paid a salary, straight time, or by the mile, or were otherwise denied overtime pay, you should consult with an experienced overtime attorney as soon as possible to learn of your legal rights.  Josh Borsellino represents truck drivers, oilfield workers and other manual laborers on claims for overtime pay. If you have questions about overtime pay, call Josh today at 817.908.9861 or email him by clicking this link for a free evaluation of your overtime matter. 

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