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.