My husband is working 60 hours a week but only getting paid for 40. Is this legal?

Question: My husband is working for a small town car dealership. He drives the semi to pick up cars in Maryland to bring them here in NC. He was told when he was hired that he would work 40-45 hours per week and his salary would be a straight $500 per week. (which I think is totally too low for a person with a CDL) It takes a lot more than 8 hours a day to go to Maryland, load 6 cars, drive back to Henderson, NC and unload the cars. My husband is working 60-some hours per week and only getting paid for 40 hours. He likes driving the truck but the hours are terrible. He has to leave home at 3 am to get back in Henderson by 5 pm. Some days the boss doesn't let him know until after lunch time that he needs to make a run to Maryland to get a load of cars. That puts him getting home after midnight, and then supposed to be back at work the next morning. I feel that he is being taken advantage of. Is this legal? Thanks for your time!

Answer: He is not being paid be hour and I don't think he would qualify for mandatory overtime. Still, you might call 1-800-NC-Labor asking for state Wage and Hour section or Raleigh office of US Department of Labor 1-866-487-9243 on the hope that car transport worker with CDL are non-exempt from state or federal wage-hour laws. I don't think so and I don't have a lot of hop for you. He has an at-will job at a straight salary with a right to quit at anytime. HE retains the right to try to work where he is appreciated.