FLSA and driver overtime pay

The FLSA motor carrier exemption, section 13(b)(1), exempts from the OT compensation requirements certain "safety-affecting" employees of motor carriers, transporting "property" that is moving in commerce. However, from August 2005 until June 2008 an employee did not qualify for exemption unless the GVW exceeded 10,000 pounds. Since June 2008, even an exempt employee has been subject to the OT provisions if, during the workweek, he/she performed safety-affecting duties in connection with a vehicle of less than 10,001 pounds GVW involving transportation of "property" in commerce. See

If OT pay is required, it is computed at an additional half-time rate. For example, if a driver is paid $20 per hour and worked 60 hours, the regular wages are $1200 and the overtime premium pay is $200. If a driver is paid by the mile, grosses $1100, and worked 55 hours, the "regular rate" divides out to be $20. One-half of the reg. rate = $10. The half-time premium wages = $150 ($10 x 15 OT hours).
There is a lot of misinformation out there, about the current application of the FLSA and the transportation industry. Even the official regulation on the DOL web site is out of date and not reliable. The citation (the link above) and a fact sheet are reasonably accurate publications available at An important point is that compensable time for FLSA purposes is not identical to on-duty time for DOT HOS rules. A driver might have logged 60 hours but actually worked many more hours for purposes of the FLSA. See 29 CFR Part 785 at the above link. The overtime compensation rules (applicable only when those standards actually apply) ar at 29 CFR Part 778 at the above link. Oops! The moderator made me remove the links. Just find the DOL Wage and Hour Division web site and search for FIELD ASSISTANCE BULLETIN NO. 2010-2 and the cited regulations.

 

Since most trucks exceed 10,000 lbs, this entire post means nothing.

 

The posts preceding mine, on page one of the thread, discuss OT pay in the industry, when it is required, and how it should be computed when wages are based on incentive pay. Even when the weight is > 10,000 pounds, any work during the workweek in connection with a vehicle of < 10,000 pounds may cause OT pay to be required for the entire workweek (for that employee). My post might "mean nothing" if read separately from the posts to which it relates.

 

NJ tried to back around the feds. As long as your payscale is more than 1.5 times the min wage, it doesn't matter. Another fine example of the legiscritters regulating something broken and not fixing it unless you are a truck driver making min wage...

 

movie theater employees?................really?

 

All this info is great and useful but wuts the point, I receive .45 per mile, $ 30. Per trip, $ 15. Strapping fee, $ 15. Unstrap, $ 35. Tarpaulin fee, $ 35. Perdim if I lay over, average two loads a day, and 275-300 miles a day. They most I work is 14 hrs a day, the majority of time is spend is 10 hrs a day home most nights n weekends off. I'd say I'm being compensated appropriately. The only entity that's gets OT pay is uncle same as you lose it to taxes. Best to stay away from OT and hourly wages, because of the cost to yourself and the company giving you work.

Notice I said nothing about employer because when all the water boils away your the only one holding the pan.