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Foreign Workers and the Federal Minimum Wage

The U.S. Department of Labor, Wage and Hour Division administer the Fair Labor Standard Act (FLSA), which applies to foreign commercial vehicle operators and their helpers who work in the U.S. territory.

If the foreign workers spend a “substantial” period of time in the U.S., traveling more than 25 miles from the U.S. border or spends more than 72 hours in the U.S. on a single visit (whichever occurs first), then they are considered to have spent a “substantial” period of time in the U.S.

All hours of work in the U.S. on that single visit must be compensated at no less than the minimum wage, including hours of work prior to reaching the 25 mile or 72 hour mark. Under certain conditions a worker’s “waiting” time may be considered compensate hours of work.

Wages must be paid free and clear of “impermissible deductions” , such as the cost of operating the vehicle or traveling on the road, and expenses that would reduce their pay below the federal minimum wage including the cost of fuel, oil, tires, repairs to the truck, tolls, or the cost of food or lodging for the employees while they are traveling.

To obtain additional information visit www.wagehour.dol.gov