What makes a truck driver not eligible for overtime?

Truck Drivers that are NOT Eligible for Overtime Pay. Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay. 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…

Is there an overtime law for truck drivers in Massachusetts?

Massachusetts state law regarding overtime pay for truck drivers and others who operate large vehicles is different from the federal law. Only drivers (or helpers) on “trucks” are exempt from overtime pay under the state version of the Motor Carrier Act.

Can a truck driver be exempt from FLSA?

However, as a truck driver, you must distinguish if you are covered by FLSA or exempt under the Motor Carrier Exemption. Additionally, some states do have their own overtime pay laws that differ slightly from the FLSA overtime pay laws.

When does the Motor Carrier Act exempt you from overtime?

The Motor Carrier Act’s exemption from overtime does NOT APPLY to an employee who qualifies under the Small Vehicle Exception in such work weeks even though their duties may also affect the safety of operation of motor vehicles weighing greater than 10,000 pounds, or vehicles listed in subsections (a), (b), and (c), in the same workweek.

How are truck drivers exempt from overtime?

If a truck weighs between 10,000- 26,001 pounds, the trucker is exempt from overtime if he or she is involved in interstate commerce. Drivers of hazardous waste and farm labor vehicles are also exempt from overtime law.

Are truck drivers entitled to overtime pay?

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. It is especially important for tow truck drivers, snow plow truck drivers, and salt truck drivers to be aware of their rights in the winter months,…

Do trucking Companys have to pay overtime?

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. There is an act call the Motor Carrier Act (Section 13 (b) (1) of the FLSA) which exempts drivers who regularly travel across state lines to make deliveries from overtime pay.

Are truck drivers exempt from FLSA overtime provisions?

Other truck drivers, generally over-the-road drivers, may still be exempt. The Fair Labor Standards Act (FLSA) provides an overtime exemption for employees who are regulated by the Department of Transportation.

Who is exempt from the motor carrier overtime exemption?

The motor carrier overtime exemption does not apply to employees who work as drivers, driver’s helpers, loaders, or mechanics on certain small vehicles. 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.

Is there an exemption for overtime under the FLSA?

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). However, you may still be entitled to overtime if your work satisfies the Small Vehicle Exception.

When does the small vehicle exception apply to overtime?

First, if you are covered by the small vehicle exception, then the MCA exemption does not apply to you and you are entitled to overtime. The small vehicle exception states that an employee of a motor carrier or motor private carrier is entitled to overtime in any work week that:

How are delivery employees exempt from overtime rules?

To qualify for exemption, local delivery employees must be compensated on the basis of trip-rates, or another payment plan based on deliveries, if the Secretary of Labor finds that the payment plan has the general purpose and effect of reducing their hours worked to below 40 hours per week.

How much money can you make as a dump truck driver?

You also need to be aware that while you can climb up the ladder, there isn’t a whole lot of room for growth. Still, dump truck driving can pay you enough to live comfortably doing something that you are passionate about. The BLS reports that this field is growing at a rate of 5%, which is as fast as average.

What kind of exemption does a truck driver have?

This exemption applies to over-the-road drivers since they transport goods across state lines. However, this exemption can also apply to local truck drivers if what they are transporting is moving in interstate commerce.

When is a truck driver entitled to time and half?

If you are a covered employee under the FLSA and work more than 40 hours per week, you may be eligible for time and half (1.5 times) your hourly pay or salary. If you believe your employer is violating the law, you need to contact an experienced attorney immediately. Is a Truck Driver Entitled to Overtime Pay?

Can a person who is paid by the day receive overtime pay?

Yes, an employee who is paid by the day may be able to receive overtime pay. There are a number of different jobs that are paid by the day, including water truck drivers. Employers often violate the FLSA by failing to pay Day-Rate Workers the required overtime pay resulting in overtime pay lawsuits.