Truck Drivers And Overtime Law: Who's Covered?

Truck drivers often work long hours, but are they entitled to overtime pay? This depends on several factors, such as job duties, employment status, and the state they work in. While the Fair Labor Standards Act (FLSA) establishes overtime standards, many truckers are exempt from these rules due to the Motor Carrier Exemption. This exemption applies to employees of motor carriers or private motor carriers whose duties impact the safety of operating vehicles in interstate or foreign commerce and are not covered by the small vehicle exception. However, some states have their own laws that differ from federal regulations, and truck drivers in these states may be entitled to overtime pay under state law. Understanding the applicable laws is crucial for truck drivers to ensure their rights are protected.

Who is eligible for overtime pay?

The Fair Labor Standards Act (FLSA) sets out the rules for overtime pay. Under the FLSA, overtime is defined as time worked beyond 40 hours in a single work week. Employees who work overtime are eligible to receive one and a half times their regular wages. For example, an employee working $20 per hour during the work week can receive overtime pay at $30 for every hour over 40 hours. If the employee worked 45 hours during the work week, they would receive $800 for the first 40 hours and $150 for the 5 hours of overtime.

However, there are some exemptions to the FLSA. The Motor Carrier Exemption applies to employees who are:

• Employed by a motor carrier or motor private carrier
• Drivers, driver's helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce
• Not covered by the small vehicle exception (i.e., the vehicle weighs at least 10,000 pounds)

The Motor Carrier Exemption does not apply to employees who do not engage in safety-affecting activities, such as dispatchers, office personnel, or those who unload vehicles.

In certain states (CO, NM, NY, WA, MA), truck drivers may be entitled to overtime pay under state law, even if they are exempt from the overtime requirements under federal law. For example, in New York, employers must pay employees, including those exempt from overtime pay under the federal motor carrier exemption, one and a half times the applicable minimum wage rate (not the worker's regular rate).

What is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. The FLSA applies to employees in the private sector and in federal, state, and local governments. Under the FLSA, overtime is defined as time worked beyond 40 hours in a single workweek, and eligible employees must be compensated with overtime pay or compensatory time. The federal minimum wage is currently $7.25 per hour, and employees are entitled to the higher minimum wage if they are subject to both state and federal minimum wage laws.

The FLSA also includes an overtime exemption known as the Motor Carrier Act, which applies to employees of motor carriers or motor private carriers who perform duties that impact the safety of operating motor vehicles on public highways in interstate or foreign commerce. This includes drivers, mechanics, loaders, and driver's helpers. However, local delivery drivers are typically exempt from overtime pay.

The FLSA also provides guidelines for employee classification, distinguishing between employees and independent contractors. Employees are subject to their employer's schedule and policies, while independent contractors can carry out their job duties without direct supervision and according to their own schedule.

How does the FLSA protect truck drivers?

The Fair Labor Standards Act (FLSA) establishes overtime as time worked beyond 40 hours in a single workweek. Under the FLSA, employees working more than 40 hours a week may be eligible for 1.5 times their regular pay rate.

The FLSA's Motor Carrier Exemption covers job-specific exceptions to the overtime rule. Truck drivers who meet the following three criteria are likely ineligible for overtime:

• The Employer Requirement: The driver is employed by a "motor carrier" or "motor private carrier." A motor carrier is a company that transports cargo for compensation, and a motor private carrier is a private company that transports its own cargo.
• The Employee Duties Requirement: The driver's job duties include "safety-affecting" activities that impact the safety of the truck used to transport goods. This includes drivers, drivers' helpers, certain loaders, and mechanics.
• The Small Vehicle Exception: The vehicle the driver operates weighs more than 10,000 pounds.

Truck drivers who do not meet all three of these criteria may be eligible for overtime pay under the FLSA. Additionally, some states have their own laws for overtime pay that differ from federal law, and truck drivers in those states may be entitled to overtime pay under state law even if they are exempt under the FLSA.

What is the Motor Carrier Exemption?

The Motor Carrier Exemption is part of the Fair Labor Standards Act (FLSA). It provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service. This exemption applies to employees who are:

• Employed by a motor carrier or motor private carrier
• Drivers, driver's helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce
• Not covered by the small vehicle exception

Motor carriers are persons providing motor vehicle transportation for compensation. Motor private carriers are persons other than motor carriers who transport property by motor vehicle if they are the owner, lessee, or bailee of the property being transported, and the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise.

The employee's duties must include the performance, either regularly or occasionally, of safety-affecting activities on a motor vehicle used in transportation on public highways in interstate or foreign commerce. Employees must perform such duties as a driver, driver’s helper, loader, or mechanic.

The Motor Carrier Exemption does not apply to employees not engaged in safety-affecting activities, such as dispatchers, office personnel, those who unload vehicles, or those who load but are not responsible for the proper loading of the vehicle.

The small vehicle exception states that the overtime provisions of the FLSA shall apply to an employee of a motor carrier or motor private carrier in any work week that:

• The employee’s work, in whole or in part, is that of a driver, driver's helper, loader or mechanic affecting the safety of operation of motor vehicles weighing 10,000 pounds or less in transportation on public highways in interstate or foreign commerce, except vehicles:
• Designed or used to transport more than 8 passengers, including the driver, for compensation
• Designed or used to transport more than 15 passengers, including the driver, and not used to transport passengers for compensation
• Used in transporting hazardous material, requiring placarding under regulations prescribed by the Secretary of Transportation
• The employee performs duties on motor vehicles weighing 10,000 pounds or less

The Motor Carrier Exemption does not apply to employees in such work weeks even if their duties also affect the safety of operation of motor vehicles weighing greater than 10,000 pounds, or other vehicles listed in the above exceptions.

What to do if you're misclassified as a contractor

The Fair Labor Standards Act (FLSA) has established standards for overtime, and under this act, many types of truckers are entitled to overtime pay. However, the same law has a Motor Carrier Exemption, which applies to employees who are:

• Employed by a motor carrier or motor private carrier
• Drivers, mechanics, loaders, or driver's helpers whose duties affect the safety of operating motor vehicles while transporting items
• Not covered by the small vehicle overtime exemption (i.e. working with a vehicle weighing more than 10,000 pounds)

If you are a truck driver who has been misclassified as a contractor, you can take the following steps:

• Talk to your employer: Explain that you believe you have been wrongly classified as an independent contractor and request that they review your classification.
• Contact the IRS: If speaking with your employer doesn't work, you can contact the IRS and request that they determine your employment status for federal tax purposes by filing IRS Form SS-8. There is no fee for filing this form. The IRS will then contact your employer to get their version of the facts and make a determination.
• File your tax return with IRS Form 8919: If you think you've been misclassified as a contractor, you can avoid paying more than half of your Social Security and Medicare taxes by filing this form.
• File an unemployment insurance claim: If you've been fired or laid off, file an employment insurance claim with your state unemployment agency. Explain that you've been misclassified, and they will investigate. If they determine that you should have been treated as an employee, you'll be entitled to unemployment insurance, and your employer will be fined and have to pay back insurance premiums.
• File a workers' compensation claim: If you've been injured on the job and your employer refuses to provide you with workers' compensation coverage, file a claim with your state workers' compensation insurance agency.
• Consult an attorney: If you believe you are owed overtime wages, consider consulting an experienced employment law attorney who can review your case and help you determine the best path forward.

Frequently asked questions