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.

Rules

  • 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

Definitions

  • 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.

Do you have an overtime dispute?

Schedule a free consultation