Minnesota trucking company denies overtime hours were worked

By Greg Grisolano, Land Line staff writer | 9/2/2014

Attorneys for a Minnesota trucking company that was sued by a former employee seeking unpaid overtime wages denied any wrongdoing, according to documents filed in federal court.

AM-PM Trucking, of Moorhead, Minn., filed the response in North Dakota federal court. The company was sued on July 28 by Devon Seeling, a trucker from Kootenai County, Idaho.
Seeling’s suit seeks collective and class action status against AM-PM Trucking, alleging the company violated state law, as well as the Fair Labor Standards Act, by failing to pay overtime wages.

According to Seeling’s complaint, AM-PM Trucking hauls water to oil rigs in North Dakota. Seeling claims the company did not pay him and other drivers overtime pay for working more than 40 hours per week.

But the company’s response to the complaint states that its drivers did not exclusively haul water to oil rigs, and would in fact engage in interstate commerce. It also disputes the charges that Seeling “regularly worked” or that he ever worked 60 or more hours in one week, other than training.

The company’s response seeks for the suit to be dismissed, and for costs, disbursements and attorney’s fees.

Seeling 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.

Land Line Staff Writer Clarissa Hawes contributed to this report.

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