Overtime Laws

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Exemption for Motor Carriers and Truck Drivers

The FLSA provides an exemption for employees who are governed by the Motor Carriers Act. In order for the exemption to apply, all the following must be met:

1. Must be employed by a motor carrier or motor private carrier (see below);

2. You are employed as a driver, driver’s helper, loader, or mechanic;

3. Your job duties (see below) affect the safety of operation of motor vehicles in transportation on public highways in interstate (between states) or foreign commerce; and

4. You are not covered by the Small Vehicle Exception (see below).

Motor Carrier – persons or businesses provide motor vehicle transportation for compensation;

Motor Private Carrier – persons transporting property by motor vehicle if the person is the owner, or lessee of the property being transported, and the property is being transported for sale, lease, rent, or to further a commercial enterprise.

Employee Job Duties – the employee must perform, at least from time to time, of safety affecting activities on a motor vehicle that is used on highways in interstate or foreign commerce. These job include Drivers, Driver’s Helpers, Loaders, and Mechanics.

Small Vehicle Exception – The Motor Carrier Exemption does not apply and overtime pay is required in any work week that the employee is working with vehicles weighing 10,000 pounds or less, unless that vehicle is: (1) designed to transport 8 passengers (including driver) for compensation; (2) designed to transport 15 passengers (including driver) but not for compensation; or (3) Used in transporting hazardous materials.

The Motor Carrier Exemption does not apply to dispatchers, office personnel, those who unload vehicles, or those who load but are not responsible for the proper loading of the vehicle.

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