Distribution & Logistics

The FLSA provides an exemption from the overtime pay requirements, but not the minimum wage requirements, for employees of motor carriers under certain conditions.


  • Employee must perform, in the ordinary course of his job, work which affects the safety or operation of the motor vehicle.
  • The amount of safety related activities performed in a given week is irrelevant so long as such work falls within the continuing duties of the job in all work weeks


  • The “motor carrier” must meet the following requirements to avoid paying overtime:
  • Either the business is:
    • A private carrier that hauls property; or
    • A contract carrier who hauls property or passengers but only if;
    • your work affects the safety of the operation; and,
    • you travel across state lines or connect with an intrastate terminal (rail, air, water, or land) during your travel
  • Qualified Employees include:
    • a driver
    • a driver’s helper
    • a loader
    • a mechanic

There are other complicated matters that are dealt with by the Department of Transportation regarding motor carriers. Check with an attorney knowledgeable and experienced in this area.

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