The limo drivers were exempt from the flsa s overtime provisions because carey international, inc. As a short haul truck driver, am i entitled to overtime pay. Basing this exemption on a truck s maximum operating weight establishes an objective and predictable standard. Earlier this week, three overtheroad truck drivers of stevens transport, inc. What you need to know because the federal fair labor standards act flsa applies to virtually all enterprises involved in interstate activities, most oregon employers are covered by both state and federal law and must adhere to the stricter overtime standard. With this being the case in the majority of everything related to being a truck driver. Department of labor the dol has narrowed its view of the motor carrier exemption the mce to the fair labor standards act the flsa, as set forth under 29 u. Mar 11, 2015 the motor carrier exemption is found at 29 u. California and federal law have distinct and separate overtime regulations. Section b1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier act of 1935, except those employees covered by the small. Section b1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier act of 1935, except those employees covered by the small vehicle exception described below. Motor carrier overtime exemption flsa employment law. The fair labor standards act flsa provides an overtime exemption for employees who are regulated by the department of transportation. That means truck drivers are often covered by new mexicos overtime law.
Armored truck driver not exempt from overtime under the fair. Federal court finds intrastate truck drivers eligible for. In employment law, featured, overtime law, wage law. These requirements are outlined in the flsa regulations promulgated by the u.
The flsas motor carrier exemption creates an overtime exemption for employees who are covered by the secretary of transportations authority to regulate the safe operation of motor vehicles in interstate or foreign commerce. Dol drives down the flsas motor carrier exemption wage. The motor carrier act pertains to semi truck drivers who regularly travel across state lines to make deliveries. To qualify for the professional employees exemption, an employee must meet the requirements established under the federal fair labor standards act and its related regulations. Under the fair labor standards act flsa, all non exempt employees in the united states must be paid at least the federal minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. Under the exemption, a truck driver may work more than 40 hours in a week without being legally entitled to overtime pay. They must be employed by a motor carrier or private motor carrier. Unlike federal law, new mexico law does not have an overtime exemption for motor carriers. This wage and hour lawsuit alleges the tow trucking company and company executives knowingly violated the fair labor standards act flsa by denying the claimants overtime wages. Aug 04, 2016 this is very important, if the truck is less than 10,000 pounds, loaded or unloaded, you must pay the employees overtime. The wage and hour division of the dol has, for more than sixty years, applied a sixfactor test to determine employment relationship. Drivers, drivers helpers, loaders and mechanics are exempt from the overtime pay provisions of the flsa if employed by a motor carrier, and if the employees duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce.
This means if a group of truck drivers is exempt from overtime pay requirements under federal law, they will also be exempt under pa 03249. New jersey court rules that retailers cannot use trucking. There is an act call the motor carrier act section b1 of the flsa which exempts drivers who regularly travel across state lines to make deliveries from overtime pay. For those looking to understand why truckers dont get overtime, this guide serves continue reading the guide to overtime rules for truckers. Under the federal fair labor standards act flsa, some truck drivers are exempt from overtime. Apr 07, 2018 the flsa requires employers to pay employees overtime compensation if they work more than 40 hours a week, unless the employee is exempt. Eastern armored services, 1 held that while professional motor carriers are generally exempt from overtime under the fair labor standards act flsa, an exception exists for drivers of vehicles weighing less than 10,000 pounds. Employers typically argue that they are not required to pay their truck drivers overtime compensation because the truck driver is exempt under the motor carrier exemption of the fair labor standards act flsa.
The flsa s overtime provision is not applicable to any employee with respect to whom the secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49. In order for a truck driver to be exempt from federal overtime, which is time and half for all hours worked over 40 hours in a. I work as a tour bus driver for a small company in san francisco. Truck drivers exemption law offices of morris nazarian. Yes, a company may have to pay overtime to a truck driver if they have worked more than 40 hours in a work week, however there are certain exemptions. The flsa motor carrier exemption stiegler law firm, l. Motor carrier exemption still has its twists and turns. Some truck drivers are exempt from californias overtime laws but not other employment rights, like meals breaks or the minimum wage.
The motor carrier overtime exemption does not apply to employees who work as drivers, drivers helpers, loaders, or mechanics on certain small vehicles. Drivers not entitled to overtime when route is part of. Midwest interstate truck drivers exempt from overtime pay. This exemption from overtime pay law has been interpreted as applying to any driver. The court granted defendants motion for summary judgment, finding that the plaintiff was exempt from the flsas overtime provisions pursuant to the motor carrier act mca exemption. Workers who may be legally exempt, and not entitled to overtime pay, could include drivers who are not independent contractors. The motor carrier exemption to the flsa exempts some but not all truck drivers, loaders, and mechanics from overtime pay. Drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of. Rejecting the argument of truck drivers that it should apply a weekbyweek analysis to determine whether the motor carrier exemption applied, a federal district court in wisconsin concluded that the drivers were exempt from the flsas overtime provisions.
North carolina exempts professional employees from its minimum wage, overtime, and record keeping requirements. For example, if a driver transports goods over state borders, he or she is involved in interstate commerce and exempt from overtime. Mar 01, 2020 an owner driver of an automobile, van, suv, or light truck, performing work primarily for one firm, is likely to be treated by the dol or the courts as an employee of the firm for flsa purposes. Consult a seasoned texas truck driver overtime lawyer at ross scalise law group if you have any questions regarding these requirements. Nov 20, 20 a truck driver sued his employer claiming that he was eligible for overtime. Drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in. The motor carrier exemption to the fair labor standards act flsa states that employers are not required to pay overtime to employees whose job duties affect the operation and safety of motor transportation on highways in interstate commerce. The first step in determining if youre exempt from overtime is learning whether the fair labor standards act flsa covers your employment. North carolina minimum wage and overtime exemptions. The motor carrier overtime exemption does not apply to employees who work as drivers, driver s helpers, loaders, or mechanics on certain small vehicles. He filed a collective action under the fair labor standards act flsa, claiming he was a nonexempt delivery driver and entitled to damages for minimum wage and overtime violations. Truck drivers of small trucks now get overtime flsa b1. One of the exemptions in section 2 of the flsa covers any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements. Tow truck driver overtime class action unpaid overtime.
Service advisors are exempt under the flsa hunter pyle law. Motor carrier exemption still has its twists and turns by noel p. The employer argued that the plaintiffs were subject to the flsas motor carrier exemption which would mean that the drivers were not entitled to overtime pay because the. Thus, the b1 overtime exemption applies to employees who are. Fifth circuit weighs in on motor carrier act overtime exemption and. For most employees, however, whether they are exempt or nonexempt depends on a how much they are paid, b how they are paid, and c what kind of work they do. About all an exempt employee is entitled to under the flsa is to receive the full amount of the base salary in any work period during which she performs any work less any permissible deductions. Pa 03249 applies only to delivery drivers and sales merchandisers who are not already exempt from overtime requirements under state or federal law and are paid salary and commission.
Coverage under the flsa exclusions from flsa coverage. Section b1 of the flsa provides an overtime exemption for employees. North carolina exempts executive employees from its minimum wage, overtime, and record keeping requirements. This case contrasts the proof and result of a similar case discussed here yesterday. The motor carrier act pertains to semitruck drivers who regularly travel across state lines to make deliveries. Are commercial truck drivers exempt from overtime pay. The flsas motor carrier exemption creates an overtime exemption for. Overtime exemption for truck drivers depends on vehicles. He filed a collective action under the fair labor standards act flsa, claiming he was a non exempt delivery driver and entitled to damages for minimum wage and overtime violations. In this flsa case, both the plaintiffs, school bus drivers, and defendant, a motor carrier, who employed them, moved for summary judgment as to whether plaintiffs were exempt employees under the motor carrier act mca exemption to the flsa. Its the maximum operating weight of a truck, not how much it actually weighs when driven, that matters when determining whether a truck driver qualifies for an exemption from the overtime requirements of the fair labor standards act flsa, the 8th circuit court of appeals held in mccall v. In many circumstances, a truck driver is entitled to overtime pay under the fair labor standards act flsa if they work over 40 hours in a single work week.
If a truck driver qualifies for overtime under either on of these, then she is entitled to overtime pay. The flsa defines exempt administrative job duties as follows. Four tow truck drivers file flsa claim for unpaid wages top. For example, most railroad workers are governed by the railway labor act, and many truck drivers are governed by the motor carriers act, and not the flsa. Mar 06, 2020 under the federal fair labor standards act flsa, some truck drivers are exempt from overtime. He wanted to know whether he was exempt from the federal overtime requirement of the fair labor standards act. Overtime pay laws for truck drivers can be complicated due to the fact that some drivers are covered under the fair labor standards act flsa and some may be subject to the motor carrier act.
This means that an employer must pay employees who work on small vehicle overtime for all hours worked over 40 in a workweek, as required by the flsa. To learn more about these exemptions for office workers, see white collar exemptions under the flsa. However, thanks to a recent scotus ruling, truck drivers who are independent contractors in transportation can. Truck drivers overtime lawyer truck drivers overtime. In order to be exempt from this extra pay, the following must apply to a truck driver.
No matter the loads, the routes, or the plans, most truck drivers will find themselves commonly working 60 to 70 hours a week and occasionally even more. To recap, in order for you to be exempt from overtime as a truck driver, your employer must be a 1 a motor carrier as defined above. To qualify for the executive employee exemption, an employee must meet the requirements established under the federal fair labor standards act and its related regulations. S department of transportation code of federal regulation, title 49, sections 395. The case was before the court on several motions for summary judgment. Fifth circuit weighs in on motor carrier act overtime. It is commonly understood that employees bear the burden of proving that they are covered by the fair labor standards act flsa, and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving that an exemption to the flsa applies. Under colorados new overtime and minimum pay standards effective 3162020, truck drivers working entirely within the state of colorado may be entitled to overtime pay the new colorado exemption from overtime pay only applies to an employee who is a driver, a driver s helper, or a loader or mechanic of a motor carrier, if the employee crosses state lines in the course of his or her work. Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay.
Mca overtime motor carrier exemption interstate flsa exempt. However, whether a particular tow truck driver is protected by the flsa or the motor carrier exemption is a complicated and highly factspecific question. Employed by a motor carrier or motor private carrier, as defined in 49 u. In laymans terms, this exemption primarily applies to truck drivers, mechanics, loaders, and other employees who work in closely related. Learn about the motor carrier act exemption and contact one of our. Ind tow truck driver exempt under motor carrier act. Home wage and hour exemptions motor carrier exemption still has its twists and turns. Are truck drivers exempt from flsa overtime provisions. Truck drivers overtime lawyer truck drivers overtime laws. Unfortunately, unlike nearly every other area of employment, truck drivers do not get overtime pay. Motor carrier exemption applies to drivers who can be.
One such exemption common in the transport and energy industries is the exemption under the federal motor carrier act mca. Employment issues keep on truckin fox rothschild llp. Under the motor carrier act, drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in interstate commerce are not required to be paid overtime wages. Jul 10, 2017 the next blue collar exemption to the flsa is the taxicab exemption. Other truck drivers, generally overtheroad drivers, may still be exempt. Most truck drivers are exempt from overtime pay under the motor carrier exemption law of the fair labor standards act flsa. Carey atlantas drivers made thirty interstate trips in commercial vehicles. Jan 12, 2011 in a move that could substantially impact businesses employing drivers and treating them as exempt from federal overtime requirements, the u. One such exemption common in the transport and energy industries. New york state wage law requires employers to pay employees, including those exempt from overtime pay under the federal motor carrier exemption, one and a. Notably, however, truck drivers exempt from the overtime requirements pursuant to the motor carrier exemption of the fair labor standards act flsa are also exempt from californias overtime requirements. August 25, 2011, the southern district of texas denied an employers motion for summary judgment in a case involving flsa overtime claims brought by truck drivers. Drivers, driver s helpers, loaders and mechanics are exempt from the overtime pay provisions of the flsa if employed by a motor carrier, and if the employees. If youre a truck driver and youre not an independent contractor, you may be bound by forced arbitration, which blocks you from taking your employer to court.
The flsa contains an exemption for interstate truck drivers, called the motor carrier exemption mce. Jun 08, 2004 this means if a group of truck drivers is exempt from overtime pay requirements under federal law, they will also be exempt under pa 03249. Below, we provide some basic information about these common exemptions for transportation employees. Nov 14, 2017 the truck drivers opted to file the flsa claim for unpaid wages together after discovering the similar nature of wage violation claims. The court granted defendants motion for summary judgment, finding that the plaintiff was exempt from the flsa s overtime provisions pursuant to the motor carrier act mca exemption. Nov, 2017 one of our blog readers has reached out to us with the question about the motor carrier act exemption mca. The taxicab exemption is one of the more straightforward exemptions to overtime pay under federal law. Both the federal and state laws require that 1 1 2 times an employees regular rate be paid for hours worked in excess of 40 during a workweek. Blue collar exemptions to the flsa stiegler law firm, l.
Employed by a motor carrier or private motor carrier. Many of flsa exclusions are found in 2 of the flsa. Many employees who work in the transportation industry are also exempt, including those who work as. This exemption is set forth in section b17 of the flsa, and covers any driver employed by an employer engaged in the business of operating taxicabs. Exemptions from overtime the first step in determining if youre exempt from overtime is learning whether the fair labor standards act flsa covers your employment. The safe, accountable, flexible, efficient transportation equity act safetea exempts only motor carrier employees who operate a commercial motor vehicle. The motor carrier exemption is one of the original exemptions contained in the 1938 fair labor standards act. Armored truck driver not exempt from overtime under the. In a move that could substantially impact businesses employing drivers and treating them as exempt from federal overtime requirements, the u. Under that exception, employers must comply with the flsas.
How tow truck driver overtime class action cases are handled if a judge determines that an employee is not exempt from protection from flsa, there are several options for compensation. Texas truck driver overtime attorney ross law group. The analysis for truck drivers is made additionally complex because there are two different sets of laws that affect overtime california overtime law and federal overtime law. Truck drivers of small trucks now get overtime flsa b. Commercial truck drivers who delivered beer to a warehouse and brought back empty kegs, pallets, hops and other items shipped interstate were not entitled to overtime, the 10th u. Eastern armored services, held that while professional motor carriers are generally exempt from overtime under the fair labor standards act flsa, an exception exists for drivers of vehicles weighing less than 10,000 pounds.
Under federal law, drivers might be exempt from overtime under the motor carrier exemption of the fair labor standards act flsa. Even though the majority of truck drivers are not paid by the hour, instead the majority are paid by the mile. Drivers of trucks with a combined weight weight of the truck plus any trailer or other attachment of 10,000 or more pounds are still exempt from overtime pay by federal law, but drivers who have trucks under a 10,000pound combined weight are no longer exempt from overtime by the motor carrier exemption. Misclassified employees, regardless of whether the misclassification was a mistake or intentional, are entitled to backwages. Motor carrier overtime exemption flsa employment law handbook. In in the matter of raymour and flanigan furniture and neil goldberg, president and individually, raymour and flanigan asserted that it was not required to pay its new jersey based transportation and distribution employees overtime at the statutory overtime rate. In addition to filing a claim with the dol, a person can also file a private suit against his or her employer for unpaid wages and liquidated damages, as well. Mar 11, 2015 on march 11, 2015, the third circuit in mcmaster v.
Motor carrier exemption applies to drivers who can be expected to. New mexico truck drivers if you are a truck driver in new mexico, you may be eligible for overtime pay. Under colorados new overtime and minimum pay standards effective 3162020, truck drivers working entirely within the state of colorado may be entitled to overtime pay the new colorado exemption from overtime pay only applies to an employee who is a driver, a drivers helper, or a loader or mechanic of a motor carrier, if the employee. Jan 23, 2018 the flsas motor carrier act exemption. Under the motor carrier act, drivers, driver s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in interstate commerce are not required to be paid overtime wages. Truck drivers are exempt from the flsa s overtime provisions if they operate a vehicle that weighs at least 10,000 pounds and satisfy certain other requirements. Fifth circuit rules on motor carrier exemption just what. An exempt employee has virtually no rights at all under the flsa overtime rules. May 31, 2016 if a driver qualifies for overtime under either law, he or she is entitled to overtime pay. Standards act flsa section b1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier. Motor carrier exemption overtime law blog flsa decisions. For the trucking companies reading this blog, you know about mcae motor carrier act exemption, safetea safe, accountable, flexible, efficient transportation equity act, tca technical corrections act and gvwr gross vehicle weight rating. The reason for the mce is that the hours of work for interstate truck drivers are regulated by the motor carrier act, not the flsa. The issue is whether a driver is involved in interstate commerce.