State and federal laws set limits on how long a truck driver can work without a rest break, as well as limiting the total hours a driver can work in the course of a day or week. All truck drivers and trucking companies are subject to federal regulations set by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration. Wisconsin laws also sets certain pay rates that truck drivers must receive for any work related to the performance of state contracts.
Transporting Freight
Under federal law, Wisconsin truck drivers who transport freight or property may not drive more than 11 cumulative hours after 10 consecutive hours off duty. The Department of Transportation sets a maximum work week of 60 hours in any period of seven consecutive days if the employer does not operate commercial motor vehicles every day of the week. Regulations permit a driver to work up to 70 hours in an eight-day period if the employer operates commercial motor vehicles every day of the week.
Pay Rates
Wisconsin’s law on municipal prevailing wage and hour scales requires that truck drivers who perform services on any public works project, such as a highway, bridge, or other infrastructure project, be paid the “prevailing wage rate” for the community in which they perform the work; additionally, they may not work more hours per day or week than the “prevailing hours of labor,” unless they receive at least 1.5 times their hourly basic rate of pay for all excess time. Prevailing hourly rates and hours of work are set by the Wisconsin Department of Workforce Development, which sets a separate rate for each county and type of project.
Transporting People
Wisconsin drivers who transport people are subject to more stringent restrictions on the length of their workdays. Motor carriers may not allow or require a driver to operate a passenger-carrying commercial motor vehicle for more than 10 hours following eight consecutive hours off duty or for any shift longer than 15 hours. Drivers of passenger-transporting vehicles also are subject to the 60 or 70 hour work weeks applicable to drivers who transport freight or property.
Reporting a Violation
By law, the Wisconsin Department of Workforce Development must investigate any alleged violation of the wage rates and hours of labor for work performed by truck drivers on public works projects. The Department of Transportation’s Federal Motor Carrier Safety Administration is responsible for investigating violations of federal regulations on work hours for truck drivers. Violations that occur within Wisconsin can also be reported to the Wisconsin field office of the Motor Carrier Safety Administration.