As in the instant case, the issue was whether the employer was entitled to an exemption from the overtime requirements under b 1. Local delivery drivers or drivers helpers compensated on a trip rate. New york limo driver exempt from overtime under motor. Under federal law, all employees are entitled to overtime pay unless exempt. The appellate court found that the drivers were therefore exempt from the flsas overtime requirement under the motor carrier exemption and affirmed the. 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. Truck drivers overtime lawyer truck drivers overtime laws. Armored truck driver not exempt from overtime under the. Home wage and hour exemptions new york limo driver exempt from overtime under motor carrier exemption. 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 drivers who are.
Are are employed by a motor carrier or motor private carrier. New jersey and federal law recognize a trucking industry exemption excluding trucking and some other distribution businesses from statutory overtime requirements. Fair labor standards act exemptions overtime employment. The taxicab exemption is one of the more straightforward exemptions to overtime pay under federal law. Any employee working as a seaman may be exempt from overtime under the flsa.
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. 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. However, many drivers and other safetyaffecting employees are now subject to the overtime standards. Exempt from order 9, except sections 4, 10, 11, 12, 20, and 22. A driver might have logged 60 hours but actually worked many more hours for purposes of the flsa. The motor carrier overtime exemption does not apply to employees who work as drivers, drivers helpers, loaders, or mechanics on certain small vehicles. Dol drives down the flsas motor carrier exemption wage. Unfortunately, unlike nearly every other area of employment, truck drivers do not get overtime pay. The flsa contains an exemption from the payment of both minimum wage and overtime pay to any employee employed as an outside sales employee, as that term is defined by the regulations, part 541 outside sales employees sell their employers products, services, or facilities to customers away from their employers places of business, in general. The flsa section b1 exemption applied very broadly for nearly seven decades. A florida van driver who had been paid only commissions and tips by his employer quit and sued for violation of the fair labor standards act flsa.
The overtime compensation rules applicable only when those standards actually apply ar at 29 cfr part 778 at the above link. Exemptions from overtime only texas workforce commission. This exemption applies to overtheroad drivers since they transport goods across state lines. New york limo driver exempt from overtime under motor carrier exemption by noel p. The flsa exempts from overtime but not minimum wage any driver employed by an employer engaged in the business of operating taxicabs. Jeffrey rhodes is an attorney with doumar martin in. Armored truck driver not exempt from overtime under the fair. 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. School bus drivers not exempt from federal overtime rules. 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. 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. The plaintiff in garcia was a driver who had driven only intrastate routes and sought overtime compensation under the flsa. The exemption continues to have wide application in the trucking industry and to specific types of passenger transportation. The case was before the court on several motions for summary judgment.
So, why are we finding so many bus drivers still not receiving proper pay. However, as a truck driver, you must distinguish if you are covered by flsa or exempt under the motor carrier exemption. Employed by a motor carrier or motor private carrier, as defined in 49. New jersey court rules that retailers cannot use trucking. If a driver qualifies for overtime under either law, he or she is entitled to overtime pay. Some drivers are protected, but many are not and are instead exempt under the. However, you may still be entitled to overtime if your work satisfies the small vehicle exception.
Trumps driver sues for years of unpaid overtime hr morning. Mar 01, 2020 the flsa section b1 exemption applied very broadly for nearly seven decades. May 31, 2016 if a driver qualifies for overtime under either law, he or she is entitled to overtime pay. Additionally, some states do have their own overtime pay laws that differ slightly from the flsa overtime pay laws.
Under federal law, drivers might be exempt from overtime under the motor carrier exemption of the fair labor standards act flsa. Whether truck drivers are entitled to the fair labor standards acts fsla overtime protections can be a complicated question. Armored car driver not flsaexempt, judge rules law360. The fair labor standards act flsa provides an overtime exemption for employees who are regulated by the department of transportation.
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. Drivers not entitled to overtime when route is part of. The employer argued that the plaintiffs were subject to the flsas motor carrier exemption which would mean that the drivers were not entitled to. Jul 11, 2018 donald trumps former driver claims to be owed years of overtime pay, and the potential flsa violation could end up costing the president hundreds of thousands of dollars. In general, the motor carrier act exempts employees from overtime who. 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. 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.
Employees of motor carriers those who provide transportation by motor vehicle for pay are exempt from overtime under the flsa if the u. Truck drivers overtime lawyer truck drivers overtime. Motor carrier exemption applies to drivers who can be. 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. Secretary of transportation has the power to regulate their minimum qualifications and maximum hours of service under the motor carrier act. If your job duties meet the above requirements, then you are covered by the motor carrier act exemption and are exempt from being paid overtime pay one and one half the regular rate of pay for hours over 40 in a workweek. What are the laws for tow truck driver overtime pay. The flsa overtime pay requirements do not apply to any employee of an air carrier that is subject to the provisions of the federal railway labor act. The employer maintained a driver qualification file for each driver that included information required by the federal motor carrier safety administration. 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.
With this being the case in the majority of everything related to being a truck driver. Motor carrier overtime exemption flsa employment law. This case contrasts the proof and result of a similar. The flsas 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. Thus, the b1 overtime exemption applies to employees who are. If an air carrier is engaged in interstate or foreign commerce or in the transportation of the u. Some of deckers drivers filed a federal lawsuit claiming that decker failed to pay them proper overtime wages.
The drivers sought overtime payments under both the fair labor standards act flsa. Apr 10, 2012 home wage and hour exemptions new york limo driver exempt from overtime under motor carrier exemption. Doortodoor salesmen, chauffeur drivers not entitled to. Mar 11, 2015 two recent casesone from the eighth circuit and one from a district court within the ninth circuitcontinue to demonstrate that when it comes to application of the motor carrier acts exemption to the flsa, for employees who drive commercial motor vehicles cmvs in interstate commerce, courts continue to be confused. 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. Mca overtime motor carrier exemption interstate flsa exempt. Two recent casesone from the eighth circuit and one from a district court within the ninth circuitcontinue to demonstrate that when it comes to application of the motor carrier acts exemption to the flsa, for employees who drive commercial motor vehicles cmvs in interstate commerce, courts continue to be confused. 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. Are truck drivers exempt from flsa overtime provisions. Midwest interstate truck drivers exempt from overtime pay.
Other truck drivers, generally overtheroad drivers, may still be exempt. Munozgonzalez involved whether drivers of chauffeured cars are considered taxicab operators and, thus, are subject to the taxicab exemption, even though customers do not hail such cars on the street. His employer billed its service as an airport shuttle van but took advantage of flsas exemption from overtime for taxicab operators. Aug 04, 2016 other employees are exempt from the provisions of the flsa, which means they do not qualify for overtime pay for hours worked over 40 hours per week. The drivers filed a putative class action under the flsa for overtime pay and the employer moved for summary judgment, arguing that it was exempt under the motor carrier exemption. Jul 10, 2017 the next blue collar exemption to the flsa is the taxicab exemption. Motor carrier overtime exemption flsa employment law handbook.
Employees of hospitals or other types of residential care facilities exemption from the 40hour workweek rule twoweek period may be used for overtime computation if employees are paid time and a half for hours worked in excess of 8 in a day or 80 in a twoweek period section 207j. 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. 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. Jul 23, 2018 over the years, congress has added several exemptions to the overtime rules, but school bus drivers generally do not fit in any of these exemptions. The above discussion only provides a general overview, and there are additional exceptions and nuances to the above laws. 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. The motor carrier overtime exemption does not apply to employees who work as drivers, driver s helpers, loaders, or mechanics on certain small vehicles. Drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in. The issue is whether a driver is involved in interstate commerce. Section 2b of the fair labor standards act flsa provides for several exemptions from its overtime requirements. Most truck drivers are exempt from overtime pay under the motor carrier exemption law of the fair labor standards act flsa. Overtime wage exemptions most commonly used exemptions part 2 8 separate child labor laws as well as the migrant and seasonal agricultural worker protection act when deciding if an employment condition o r practice is legal.
For purposes of deciding whether or not an flsa overtime exemption. Employed by a motor carrier or private motor carrier. The dispute centered on whether eas was exempt from paying mcmaster overtime under a provision in the flsa known as the motor carrier act exemption. We have previously covered some of the more commonly used overtime exemptions article. Motor carrier act overtime law blog flsa decisions. As such, if you are a truck driver in california and feel you are not being paid proper overtime, please fill out an free overtime evaluation form. The next blue collar exemption to the flsa is the taxicab exemption. In this case, most new york employers would be required to meet the flsas minimum salary requirement for the professional exemption in addition to meeting the federal and state duties tests. 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. Workers who may be legally exempt, and not entitled to overtime pay, could include drivers who are not independent contractors. Texas truck driver overtime attorney ross law group. 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. Shippers should always check to see whether they are required to pay overtime compensation under the motor carrier act exemption to the flsa. Donald trumps former driver claims to be owed years of overtime pay, and the potential flsa violation could end up costing the president hundreds of thousands of dollars.
Consult a seasoned texas truck driver overtime lawyer at ross scalise law group if you have any questions regarding these requirements. California overtime laws for truck drivers are very complex. Eas contended that mcmaster fell within the exemption and was not entitled to overtime. 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. In a move that could substantially impact businesses employing drivers and treating them as exempt from federal overtime requirements, the u. For those looking to understand why truckers dont get overtime, this guide serves continue reading the guide to overtime rules for truckers. Which employees are exempt from overtime payments under the flsa.
Under the exemption, a truck driver may work more than 40 hours in a week without being legally entitled to overtime pay. Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay. Employed by a motor carrier or motor private carrier, as defined in 49 u. Noel cintron was trumps personal driver for more than 25 years. 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. For those looking to understand why truckers dont get overtime, this guide serves continue reading the guide to overtime.
Mar 11, 2015 on march 11, 2015, the third circuit in mcmaster v. For the professional exemption, there is no minimum salary requirement under state law, but the federal fair labor standards act flsa has a minimum. 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. The first step in determining if youre exempt from overtime is learning whether the fair labor standards act flsa covers your employment. Federal court finds intrastate truck drivers eligible for. The driver sued on behalf of all present and former drivers. The appellate court found that the drivers were therefore exempt from the flsa s overtime requirement under the motor carrier exemption and affirmed the trial courts order dismissing the case. An armored car driver who filed a collective action against eastern armored services inc. Seventh circuit exempts interstate school bus drivers from.