Drivers Exempt From Overtime?

Kymm · June 2002

I'm hoping someone can fill me in on the subject of drivers being exempt from overtime IF they are engaged in interstate commerce (therefore covered under DOT regulations). I'm trying to get as much information together before we make a decision on our transportation department (located in California).

Don D · June 2002

Kymm: The Motor Carrier Act (MCA) provides an exemption to the overtime provision of the fair labor standards act, if the driver is operating in interstate commerce. As you know, there are a multitude of other requirements on you and your drivers.......but not overtime.

Marie · June 2002

Even if they don't cross a state line, you may still have an exemption due to "continuity of movement" if any part of their cargo crossed a state line. Just being under the DOT and Motor Carriers Act doesn't exempt them. You can pay trip rates if approved by DOL and they get half pay for overtime based on fluctuating pay.

njjel · June 2002

Many trucking companies in my area of NJ DO pay overtime after 40 and even after 8 simply to attrack AND retain good drivers!

Gillian · July 2002

You said the magic words - "located in California". Your issue probably revolves around the California daily overtime regulation (time and a half over eight hours a day) and DOT regulations. If your drivers are covered by DOT the same rules apply in California as elsewhere. If you have drivers not regulated by DOT, they are probably subject to state regulations, with few exceptions. Send me your FAX number and I will send you what I have on the subject - [email]shugh@westernu.edu[/email]

Drivers Exempt From Overtime?

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