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Truck Drivers and Overtime

Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay.  Under the Motor Carrier Act, drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in interstate commerce are not required to be paid overtime wages.

This exemption applies to over-the-road drivers since they transport goods across state lines.  However, this exemption can also apply to local truck drivers if what they are transporting is moving in interstate commerce.  If the goods that are being transported by a local driver are part of an interstate shipment, the local driver will also be exempt under the Motor Carrier Act exemption and, therefore, will not be entitled to overtime pay.

Drivers of vehicles that weigh less than 10,000 pounds are not covered by this exemption so they would be entitled to overtime pay.  However, this exemption can cover other types of workers who travel out of state for work if they drive vehicles that weigh over 10,000 pounds.  Any trailer that a driver hauls would also be included in the total weight of the vehicle.   This means that even though someone is not a truck driver by trade, they may still be covered by this exemption (and therefore, not entitled to overtime pay) if they are required to drive out of state for work and the vehicle they drive weighs more than 10,000 pounds.

If you are a truck driver or have to drive out of state for work and you would like to know if you are entitled to overtime pay, please submit your information using our convenient Case Evaluation form or call our office at 866-559-0400 for a free and confidential review of your particular situation.

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Free and Confidential


  1. May we contact you by text message?
    Yes  No

  2. Do you work more than 40 hours a week?
    Yes  No

    Are you paid time and a half if you work more than 40 Hours a week?
    Yes  No
  3. How are you paid?
    Hourly  Salary
    Commission  Other



  4. *Field Required