Overtime Law: Are Drivers Exempt Or Included?

Whether a driver is entitled to overtime pay depends on several factors, including the type of vehicle, the nature of the employment, and the location. In the US, the Fair Labor Standards Act (FLSA) establishes standards for overtime, defining it as time worked beyond 40 hours in a single workweek. Under the FLSA, many types of truckers are entitled to overtime pay, including armored truck drivers and snowplow truck drivers. However, some drivers are exempt from overtime laws, such as those who operate large trucks in interstate commerce. Additionally, local delivery drivers and employees of certain motor carriers are generally exempt from overtime pay. On the other hand, drivers of small trucks with a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds or less are typically covered by federal overtime laws and are entitled to overtime pay if they work more than 40 hours per week. State laws may also impact overtime eligibility for drivers, with variations in states like California, Colorado, New Mexico, New York, Washington, and Massachusetts.

Overtime pay for truck drivers in California

Federal Overtime Law

Under the Fair Labor Standards Act (FLSA), certain truck drivers are exempt from receiving overtime pay. The Motor Carrier Exemption of the FLSA states that drivers, driver's helpers, loaders, or mechanics whose work affects the safety of operating motor vehicles in interstate commerce are exempt from overtime pay. This exemption applies to drivers who transport goods across state lines and, in some cases, local drivers if they are part of an interstate shipment.

The small vehicle exception to the Motor Carrier Exemption states that drivers of vehicles weighing 10,000 pounds or less are generally entitled to overtime pay if they work more than 40 hours per week.

California Overtime Law

California overtime laws for truck drivers are complex, and there are several exemptions. The general rule is that all employees in California are entitled to overtime pay unless they meet one of the exemptions.

• Truck drivers whose hours are regulated by the United States Department of Transportation or specific sections of the California Code of Regulations.
• Drivers of trucks with a gross weight rating of 26,001 pounds or more.
• Drivers of trucks with a gross weight rating between 10,000 and 26,000 pounds who are also involved in interstate commerce.
• Drivers of farm labour vehicles or those transporting hazardous waste.
• Drivers who tow a trailer, resulting in a combined vehicle length of over 40 feet or a total weight of over 10,000 pounds.
• Drivers regulated by the California Public Utility Commission.

In conclusion, whether a truck driver in California is entitled to overtime pay depends on various factors, including the type of vehicle driven, the weight of the vehicle, the nature of the cargo, and the route driven. Both federal and state laws must be considered when determining eligibility for overtime pay. It is recommended that truck drivers in California consult with legal professionals specialising in labour law to understand their specific situation regarding overtime pay.

Federal overtime law

The Motor Carrier Act exemption applies to employees who are:

• Employed by a motor carrier or private motor carrier (generally defined as a person providing motor vehicle transportation for compensation or one shipping goods by motor vehicle to further a commercial enterprise)
• Drivers, driver's helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in interstate or foreign commerce
• Not covered by the small vehicle exception (if the employee drives or works on vehicles that weigh 10,000 pounds or less, the exemption does not apply)

This exemption applies to over-the-road drivers who transport goods across state lines. However, it can also apply to local truck drivers if the goods they are transporting are part of an interstate shipment. In this case, the local driver would also be exempt from federal overtime law and would not be entitled to overtime pay.

It's important to note that federal overtime law only applies to overtime after 40 hours of work in the workweek. There are no provisions for overtime after eight hours in a day or double time after 12 hours in a day.

Additionally, certain states have their own laws for overtime pay that differ from federal law. For example, in Pennsylvania, non-exempt employees are entitled to 1.5 hours of overtime beyond the standard 40 hours a week.

The Motor Carrier Act exemption

• Employed by a motor carrier or motor private carrier, as outlined in 49 U.S.C. Section 13102.
• Drivers, driver's helpers, loaders, or mechanics whose duties significantly impact the safety of operating motor vehicles in interstate or foreign commerce.
• Not covered by the small vehicle exception, which applies to vehicles weighing 10,000 pounds or less.

The exemption is applicable when employees' duties include performing safety-affecting activities on motor vehicles used in interstate or foreign commerce, regardless of the proportion of such activities. Transportation involved in employees' duties must be across state lines or connect with an intrastate terminal for an interstate journey of goods.

The Motor Carrier Act defines motor carriers as persons providing motor vehicle transportation for compensation, while motor private carriers are those who transport property by motor vehicle if they are the owner, lessee, or bailee of the property and transport it for sale, lease, rent, or to further a commercial enterprise.

The small vehicle exception to the Motor Carrier Act exemption is important to note. This exception applies to employees whose work involves driving, assisting, loading, or mechanics on vehicles weighing 10,000 pounds or less in interstate or foreign commerce, except for vehicles designed to transport a certain number of passengers or hazardous materials.

It's worth mentioning that the overtime exemption does not cover employees who are not engaged in safety-affecting activities, such as dispatchers, office personnel, or those who unload vehicles. Additionally, the exemption does not extend to employees of non-carriers, such as commercial garages or firms maintaining and repairing motor vehicles owned by carriers.

Local delivery drivers and overtime

Local delivery drivers are typically exempt from overtime pay. This is because they fall under the Motor Carrier Act exemption, which applies to drivers whose duties affect the safety of operation of motor vehicles in interstate commerce. This includes local drivers who are part of an interstate shipment.

However, this exemption does not apply to drivers of vehicles with a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds or less. These drivers are covered by federal overtime law and are entitled to overtime pay if they work more than 40 hours per week.

It's important to note that some states have their own laws regarding overtime pay for truck drivers, which may differ from federal law. For example, in California, drivers of vehicles with a gross weight rating of 10,000-26,000 pounds are exempt from overtime pay under state law only if they are engaged in interstate commerce.

Additionally, there are other factors that can determine whether a local delivery driver is exempt from overtime pay, such as the size of the vehicle, whether the driver is an independent contractor, and whether the driver is transporting goods that have crossed or will cross state lines.

Overall, while local delivery drivers are generally exempt from overtime pay, there are exceptions and nuances to these laws, and it's important for drivers to understand their rights and eligibility for overtime compensation.

The small vehicle exception

It is important to note that the small vehicle exception does not apply to vehicles designed or used to transport more than 8 passengers (including the driver) for compensation, or more than 15 passengers (including the driver) without compensation. It also does not apply to vehicles used to transport hazardous materials that require placarding under regulations prescribed by the Secretary of Transportation.

The applicability of the small vehicle exception in cases of mixed fleets, where employees operate both heavy trucks and small vehicles, has been a subject of debate in the US Circuit Courts of Appeal. Some circuits have placed the burden of proving the exception's applicability on the employee, while others have held that the employer should prove that it does not apply. Additionally, there is a lack of uniformity among the circuits regarding the measure to be used for determining the weight of the vehicle, with most circuits advocating for the use of gross weight, while the Ninth Circuit prefers the vehicle's actual weight.

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