Lawsuit claims AM-PM Trucking failed to pay overtime

By Clarissa Hawes, Land Line staff writer | Wednesday, July 30, 2014

An Idaho truck driver has filed a collective and class action complaint against AM-PM Trucking LLC of Moorhead, Minn., alleging the company violated state law, as well as the Fair Labor Standards Act, by failing to pay overtime wages.

Devon Seeling of Kootenai County, Idaho, filed his lawsuit in federal court in North Dakota on July 28.

According to court documents, AM-PM Trucking hauls water to oil rigs in North Dakota and Seeling claims the company did not pay him and other drivers overtime pay for working more than 40 hours per week. According to its website, AM-PM Trucking has 65 trucks and 70 truck drivers.

He alleges that the company violated the North Dakota Minimum Wage and Work Conditions Order. The order states that employees who work more than 40 hours in one week should receive overtime premium compensation or one and one-half times the employee’s regular pay rate.

Instead, Seeling claims that AM-PM Trucking paid him and other drivers a percentage of the revenue generated by each truckload, “regardless of the number of hours worked in a week.” Seeling states he regularly worked more than 60 hours per week, sometimes 70 hours per week, but did not receive overtime premium pay.

Seeling’s lawsuit seeks unpaid wages, including overtime premium pay wages, prejudgment interest, liquidated damages, as well as litigation costs and attorney’s fees. He is also seeking class action status for his Minimum Wage and Work Conditions Order claim.

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