Section b1 of the flsa provides an overtime exemption for employees who. Revised november 2009 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. Most truck drivers are exempt from overtime pay under the motor carrier exemption law of the fair labor standards act flsa. Uncertain trucking industry faces new labor laws, court. Federal and state overtime laws only require payment of overtime when an employee works more than 40 hours in a work week. Exempt from order 9, except sections 4, 10, 11, 12, 20, and 22. We will discuss your situation and determine if you have a claim.
April 23, 2010 the purpose of this memo is to discuss whether jobbers employing drivers who haul hazardous materials in transports that are placarded or weigh more than 10,000 pounds, must pay overtime to the drivers. The overtime premium is 50% of the employees usual hourly wage. Drivers must take a mandatory 30minute break by their eighth hour of coming on duty. April 23, 2010 the purpose of this memo is to discuss whether jobbers employing drivers who haul hazardous materials in transports that are placarded or weigh more than 10,000 pounds, must pay. Truckers to be paid overtime in washington state ask the. Airline employees who work over 40 but not more than 60 hours during the workweek due to a temporary modification in their normal work schedule not required by the employer and arranged at the request of the employee. If you believe that you have not received the compensation that you deserve, the attorneys at swartz swidler can offer some guidance to you. Allowing or requiring the employee to take compensatory time off at the rate of 1. Some courts are ruling that truck drivers should be paid.
Special overtime rules apply to government agencies, hospitals, canneries and manufacturing establishments. Additional pay typically called accessory pay may include getting loaded or unloaded, layover pay, fueling, etc. Some collective bargaining agreements andor contracts will, however, state that the employee must be paid one and one half times hisher regular rate of pay when working more than 8 hours in a day. If a truck driver qualifies for overtime under either on of these, then she is entitled to overtime pay. 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. Trucking companies owe employee truck drivers pay for every hour spent on the job, including the sleeping breaks required by law, said the u. Unlike california overtime law, there is no provisions for overtime after 8.
Southern california trucker pay lawyer riverside orange. A typical workday can include vehicle inspections, completing logs, required rest time. Only drivers, drivers helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the flsa under section b1. Overtime is required when an employee works a total of 40 hours or more during the workweek. 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. 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. Under the motor carrier act exemption, 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. Jan 23, 2018 therefore, if you work in a mixed fleet of vehicles as a driver, drivers helper, loader or mechanic affecting the safety of operation of motor vehicles, you are required to be paid overtime pay for any hours worked over 40 in a workweek. Truck driver pay laws can be a little confusing and in some cases, trucking companies fail to pay drivers the overtime they deserve. To meet this requirement, an employer may, with notice to a truck or bus. Truck drivers overtime lawyer truck drivers overtime. Independent contractors dont collect overtime pay, but employees are eligible for it provided they work the correct number of hours.
Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay. What are the maximum hours a truck driver may work. Naturally, this benefits trucking companies and leaves misclassified workers out in the cold. Overtime pay begins once an employee works more than 40 hours in a work week rather than more than 8 hours in a work day. Motor carrier exemption leaves truck drivers out of overtime pay. Please contact us for a free and confidential case evaluation or simply to learn more about transportation and warehousing workers and the overtime pay laws. State law says that an employee who works more than 40 hours in a workweek is entitled to compensation for the excess hours, either by. We have previously covered some of the more commonly used overtime exemptions article. Trucking industry employment standards exceptions alberta.
In ontario, the overtime threshold the point at which overtime kicks in for truck drivers is 60 hours per week in the case of forhire carriers and 50 hours for carriers involved with cartage an out of date term if there ever was one. The 14hour duty period may not be extended with offduty time for breaks, meals, fuel stops, etc. Under the motor carrier act exemption, 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 this exemption applies to overtheroad drivers since they transport. 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. Are commercial truck drivers exempt from overtime pay. Nov 20, 2019 drivers may be on duty for up to 14 hours following 10 hours off duty, but they are limited to 11 hours of driving time. Truck drivers, however, are not always held to the same overtime standards. Understanding whether truck drivers are exempt from overtime is important to determine if your employer is illegally failing to pay you overtime pay. If your employer is violating the warehousing and transportation overtime pay laws, you and other employees may be entitled to thousands of dollars of back pay.
This means an employee who works overtime must be paid time and a halfthe employees usual hourly wage plus the 50% overtime premiumfor every overtime hour worked. Workers who may be legally exempt, and not entitled to overtime pay, could include drivers who are not independent contractors. What the labor departments new overtime rules mean for trucking. Jun 08, 2004 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.
The employer also failed to maintain required time and payroll. However, the requirements and overtime amounts differ under. Unless specifically exempted, the law requires most employers to pay overtime at the rate of 1. But not all drivers fall under that category if youre a truck driver, you need to know how truck driver pay laws affect you specifically and thats what youll. As discussed above, california truck drivers are also entitled to receive a paid 10minute rest break for every four hours worked or major fraction of. Motor carrier overtime exemption flsa employment law handbook. But private carriers are required to pay their drivers overtime after only 44 hours per week. Exemptions from overtime only texas workforce commission. The standard overtime rule of hours worked in excess of 8 hours a day or 44 hours a week, whichever is greater, doesnt apply to truck drivers. Texas truck driver overtime attorney scalise law group.
Due to federal regulations governing the amount of time truck drivers can. Federal law provides for overtime after 40 hours of work in the work week. Thats because the fair labor standards act, or flsa, has a motor carrier exemption. Washington resident, washington cdl truck drivers who are paid hourly are entitled to overtime pay for all hours worked over 40 in a workweek. Many truck drivers and ownerops have gave up driving truck for other jobs.
To meet this requirement, an employer may, with notice to a truck or bus driver subject to the provisions of the federal motor. The following categories of employees are exempt from overtime pay, but not from the minimum wage. One company with 70 trucks had over 60 drivers quit last year. The motor carrier act gives the secretary of transportation the authority to regulate the maximum hours of work for employees in the motor carrier industry, which means truck drivers, truck loaders and trucking mechanics may not be protected by california overtime laws in certain circumstances. Motor carrier overtime exemption flsa employment law. The motor carrier overtime exemption does not apply to employees who work as drivers, driver s helpers, loaders, or mechanics on certain small vehicles. In this article we are going to cover the commonly misapplied overtime exemption known as the motorcarrier act. Under federal law, all employees are entitled to overtime pay unless exempt. Motor carrier defeats overtime pay claim anderson and yamada. 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. In other words, a truck driver cannot collect overtime pay under federal overtime law, but he or she may be entitled to overtime under new jersey overtime law. Many truck drivers arent paid for all of the hours they spend on the road. Some truck drivers are considered independent contractors but many others are not. 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.
Specifically, the employer misapplied an overtime exemption meant for interstate truck drivers, drivers helpers, loaders or mechanics, and improperly categorized its dump truck drivers as exempt, denying them overtime compensation when they worked over 40 hours in a workweek. 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. What this established for drivers is that state laws must be considered when it comes to the motor carrier exemption as cited under the flsa. You are using an outdated browser that is no longer supported by ontario. Drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of. Nov, 20 many truck drivers and ownerops have gave up driving truck for other jobs. Trucking companies are under different rules regarding overtime pay than. But private carriers are required to pay their drivers overtime after only 44. What the labor departments new overtime rules mean for. Truck drivers overtime lawyer truck drivers overtime laws. Outdated browsers lack safety features that keep your information secure, and they can. It is disturbing and out right criminal that one of the few industries left in the u. The case that entitles washingtonbased truck drivers to overtime pay under washington states minimum wage laws not federal law is bostain v.
Most drivers pay is mileage based pay, especially over the road drivers. If a trucking company fails to comply with california law regarding meal periods and rest breaks, a truck driver is entitled to one hour of pay at his or her regular rate of compensation for. 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. Many companies mistakenly believe that all truck drivers are exempt from overtime laws, or they purposefully avoid paying overtime to employees who are in the dark about their right to overtime pay. Freight and trucking dot hours of service regulations. 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. Under the motor carrier act exemption, 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 this exemption applies to overtheroad drivers since they transport. Hunter pyle law has represented many truck drivers throughout the state. The following responses to frequently asked questions from employees have been prepared for general information purposes. In new jersey, the states overtime law can be found at n. Truck drivers free legal advice california labor laws.
Employees working under a collective bargaining agreement that limits hours worked to 1040 in any period of 26 consecutive weeks section 207b1. Therefore, even though the truck drivers might have been covered by the federal exemption from overtime pay, the narrower new jersey exemption did not cover them. The motor carrier overtime exemption does not apply to employees who work as drivers, drivers helpers, loaders, or mechanics on certain small vehicles. Federal and state laws require most employers to pay overtime. 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. The motor carrier act pertains to semitruck drivers who regularly travel across state lines to make deliveries. 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. Court ruling could require driver pay for hours spent sleeping. 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.
We are skilled and knowledgeable in trucking company regulations to. Exceptions to the minimum standards for regular and overtime hours. What this established is that under the flsa, when federal and state wage laws are in conflict, employees must be given the benefit of the law. Also note that truck drivers may be entitled to overtime pay under state law, even if they are not under federal law. The federal law that provides overtime compensation is the fair labor standards act of 1938. 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. A class action lawsuit of nearly 3,000 truck drivers might overhaul that.
As they do with any other employee, companies must pay overtime to truck drivers who work beyond the standard 40 hours in a single work week. Truck drivers spend long days on the roads and highways. Federal court finds intrastate truck drivers eligible for. Drivers may be on duty for up to 14 hours following 10 hours off duty, but they are limited to 11 hours of driving time. Employers are not required to pay overtime for hours worked in excess of 8 hours per day or for work on saturdays, sundays, or holidays. Under federal law, drivers might be exempt from overtime under the motor carrier exemption of the fair labor standards act flsa. Overtime pay for truck drivers ask the truckerask the trucker. Unlike in other fields, truck drivers often dont receive overtime pay. Employers must pay at least one and onehalf times the employees regular rate of pay once overtime pay is in effect. The motor carrier act pertains to semi truck drivers who regularly travel across state lines to make deliveries. 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. Section 2b1 of the fair labor standards act states the laws overtime requirements do not apply to those with respect to whom the.
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