Truck drivers often work grueling hours to keep our economy moving. It’s natural to wonder if those extra hours qualify for overtime pay. The short answer is that many truck drivers are exempt from overtime, while others are entitled to it. This depends on specific federal laws and regulations, most notably the Motor Carrier Exemption (often called the truck driver overtime exemption) under the Fair Labor Standards Act (FLSA). Understanding these rules is crucial for drivers and employers alike. In this article, we’ll explain the laws in a professional, empathetic, and approachable tone, helping you determine whether truck drivers are exempt from overtime in various scenarios and why these rules exist.
Consider the situation of a driver named David. For most of his 55-hour workweek, he operates a Class 8 tractor-trailer on an interstate route. However, on Monday morning, his dispatcher asks him to take a company-owned light-duty van-with a Gross Vehicle Weight Rating (GVWR) of 9,500 pounds-to pick up a critical part from a local supplier. He completes the task in two hours and spends the rest of the week in his big rig. When payday comes, he sees his regular mileage pay but no overtime for the 15 hours he worked beyond 40. David assumes this is standard practice, believing all his driving duties fall under the same “truck driver” category.
This is a classic example of where the rules get complicated and costly for drivers. While David’s employer correctly applies the Motor Carrier Exemption for his work in the heavy truck, they overlook a critical detail. Under the Fair Labor Standards Act (FLSA), the work he performed “in part” in the small vehicle (under 10,000 pounds GVWR) makes him eligible for overtime for that entire workweek. The employer’s blanket policy is based on a common misinterpretation of the federal exemption codified in 29 U.S.C. § 213(b)(1), potentially denying David hundreds of dollars in earned wages for that week alone.
If you’re feeling overwhelmed by truck driver overtime exemption issues, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at (866) 559-0400 to discuss your situation. Let’s work together to secure your financial future.
Overtime Law Basics for Truck Drivers
Under the FLSA, most workers must receive overtime pay (time-and-a-half) for any hours over 40 in a workweek. However, the law carves out certain exemptions for specific jobs. Truck drivers have a unique overtime exemption because of Department of Transportation (DOT) safety regulations. Federal overtime may not apply because of the FLSA’s Motor Carrier Exemption (§13(b)(1)), which excludes certain workers who are within the Department of Transportation’s jurisdiction over driver qualifications and maximum hours-not simply because DOT sets hours-of-service limits.
This exemption is called the Motor Carrier Act exemption (or motor carrier exemption), referencing the Motor Carrier Act of 1935. The exemption applies where the Secretary of Transportation has authority to set driver qualifications and maximum hours; in those cases, FLSA overtime does not apply. As a result, many interstate truck drivers do not get overtime pay for hours over 40. But importantly, not all truck drivers are exempt – it depends on the nature of their employer, their duties, and the type of vehicle they drive.
What Is the Motor Carrier Exemption?
The Motor Carrier Exemption is a provision in the FLSA (Section 13(b)(1)) that exempts certain employees from overtime pay if they meet all of the following criteria:
● Employer is a Motor Carrier or Private Motor Carrier: The company must be in the business of transporting goods or passengers in interstate commerce, either for compensation (motor carrier) or hauling its own goods as part of its business (private carrier). If you work for a trucking company or a business that ships goods across state lines, this criterion is likely met.
● Job Duties Affect Safety of Interstate Transportation: Your role must directly impact the safety of operating commercial motor vehicles in interstate commerce. The exemption specifically covers drivers, driver’s helpers, loaders, and mechanics whose work involves the safe operation of trucks on public highways across state lines. This includes driving, loading cargo in a way that affects vehicle stability, or servicing trucks – tasks where mistakes could affect safety on the road.
● Interstate Commerce: The work must involve interstate or foreign commerce – meaning you cross state lines or haul goods that are part of an interstate supply chain. Even some local routes can count as interstate commerce if, for example, you’re delivering goods that originated out-of-state or will continue out-of-state.
● Not Covered by the Small Vehicle Exception: The exemption only applies if you’re operating commercial motor vehicles above a certain size/weight. There is a “small vehicle exception” in the law that we’ll explain shortly – if you primarily drive smaller vehicles, you may still get overtime pay despite other factors. The exemption also does not apply in any workweek when you perform safety-affecting duties on a vehicle with a GVWR of 10,000 pounds or less (with limited exceptions for certain passenger/hazmat vehicles). In those weeks, you’re entitled to overtime.
If all of the above are true, a truck driver is generally exempt from overtime pay under federal law. In practice, this means long-haul and regional truck drivers operating heavy trucks in interstate commerce are often not paid overtime for hours over 40. Instead, they might be paid per mile, per load, or a salary, without extra pay for long weeks.
Why Does This Exemption Exist? The idea behind the motor carrier exemption is historical. Since the 1930s, the federal government decided that the DOT should regulate truck drivers’ hours (for safety) rather than having the FLSA’s overtime rule limit their hours. The logic was that strict DOT regulations on hours of service (HOS) – for example, limiting drivers to 11 hours of driving in a 14-hour day and a certain number of hours per week – would prevent excessive work hours and fatigue-related accidents. Because these safety rules cap drivers’ hours, lawmakers felt overtime pay was less necessary as a deterrent for overwork. However, this reasoning is debated, and many argue it leaves truckers working long hours without fair compensation. For now, DOT hours-of-service rules include an 11-hour driving limit within a 14-hour on-duty window and a 60/70-hour on-duty limit in 7/8 days (resettable with a 34-hour restart).
Who Is Exempt from Overtime in Trucking?
Generally, the following categories of workers fall under the truck driver overtime exemption:
● Interstate Truck Drivers (Large Vehicles): If you drive a heavy commercial truck (over 10,000 pounds GVWR) across state lines or haul goods as part of interstate commerce, you are likely exempt from overtime. In practice, long-haul truckers transporting freight between states (or even local drivers moving freight that originated out-of-state) usually do not qualify for overtime pay.
● Safety-Related Roles at Motor Carriers: Drivers, driver’s helpers, loaders, and mechanics employed by motor carrier companies – provided their duties directly affect vehicle safety on interstate highways – are exempt from overtime. These are the roles Congress intended to cover with the motor carrier exemption. For example, a loader who is responsible for strategically placing and securing cargo in a trailer (to keep the load safe) would be considered exempt, as would a long-haul truck mechanic. The common thread is that the job involves ensuring the safe operation of large trucks in interstate transit.
Who ISN’T Exempt – Truck Drivers Entitled to Overtime Pay
Many truck drivers and related workers are eligible for overtime. Here are some situations where overtime pay must be given:
● Driving Small Vehicles: If in any workweek you drive a lighter vehicle (10,000 pounds GVWR or less), the motor carrier exemption does not apply. You must be paid overtime for that week if you work over 40 hours. (Note: Certain passenger buses or hazmat transport trucks are considered commercial regardless of weight, but a typical van or pickup under 10k lbs will trigger overtime pay.)
● Non-Safety Roles or Non-Carrier Employers: Employees whose jobs don’t affect vehicle safety, or who work for companies that are not motor carriers, are not exempt For example, dispatchers, loading dock workers who only unload, office staff, and mechanics at independent garages must receive overtime pay if they work over 40 hours. Likewise, if your employer is not engaged in interstate trucking (e.g., a local delivery company with no out-of-state shipments), then overtime law applies to you as it would to any other worker.
In summary, if you don’t fit the criteria of the motor carrier exemption, you should receive overtime pay. Many local and short-haul drivers do qualify for overtime – especially those driving smaller trucks or working in support roles. And remember, state laws might provide additional overtime rights. For instance, New York law guarantees overtime pay for truck drivers even if they fall under the federal exemption. Some states provide additional protections regardless of the federal exemption-for example, California generally requires daily/weekly overtime for many drivers-so state law should be checked for your routes.
Common Misconceptions and Employer Mistakes
Because these rules are somewhat complex, employers and drivers alike often misunderstand the overtime exemption. Here are some common mistakes or myths:
● “All truck drivers are exempt.” This is false. Many trucking companies mistakenly assume anyone driving a truck is not owed overtime. In reality, the exemption only applies if all the specific criteria are met. For example, a local driver who never crosses state lines and drives a light delivery truck should receive overtime pay – but if the work is part of an interstate shipment (the ‘practical continuity’ test), the motor carrier exemption may still apply-so the facts of the route and freight matter.
● Misclassifying roles: Some companies treat dispatchers, logistics clerks, or loaders who don’t secure cargo as exempt from overtime, which is incorrect. Only employees whose duties directly impact vehicle safety and fall under DOT’s authority should be exempt. A clerk scheduling deliveries or an employee who just unloads freight has the right to overtime pay.
● Ignoring the Small Vehicle Exception: An employer might fail to track when a driver uses a smaller truck or van during some weeks. Remember: if in any week you drive a vehicle 10,000 lbs or less, you are not exempt for that week and must get overtime for any hours over 40. Employers sometimes overlook this, especially if a driver normally operates big rigs but occasionally hops into a lighter truck for a local run.
● Assuming a flat salary or per-mile pay avoids overtime: Paying a truck driver by the mile or a flat weekly rate does not by itself make them exempt. It’s the nature of the work and the exemption criteria that matter. If a driver doesn’t meet the exemption conditions, they must receive overtime pay even if they agreed to a per-mile rate. Employers cannot opt out of overtime laws by choosing a different pay method.
(Also note: Some states have their own rules. For example, California law often grants overtime to drivers (after 8 hours a day or 40 a week) even if federal law wouldn’t. Always check state-specific regulations.)
Recent Developments in Overtime Laws for Truckers
The debate over trucker overtime has been growing. Many advocate that truck drivers deserve overtime pay just like other workers, especially given the long hours they put in. In fact, in 2022 the Department of Labor took action against a Detroit trucking company that had wrongly denied overtime – the company had to pay $273,820 in back overtime wages to 326 truck drivers. This shows that enforcement is catching up with employers who misapply the exemption.
There are also legislative efforts to change the law. In 2023 and 2025, lawmakers introduced the Guaranteeing Overtime for Truckers Act (nicknamed the GOT Truckers Act) to eliminate the motor carrier overtime exemption entirely. If passed, this law would ensure that truck drivers receive time-and-a-half pay for all hours over 40, effectively repealing the decades-old exemption. Supporters argue it’s only fair, noting that many truckers routinely work 60–70 hour weeks without overtime pay – something unheard of in most industries. As of now (2025), the bill has been introduced but not yet enacted, so the traditional rules described above still apply.
It’s wise for truck drivers to stay informed about such developments, as changes in the law could significantly impact pay structures in the trucking industry. We continuously monitor these developments to keep our clients informed and protected.
Frequently Asked Questions (FAQ)
Q: Are truck drivers entitled to overtime pay?
A: Many long-haul truck drivers are exempt from overtime due to the Motor Carrier Exemption, so they do not receive time-and-a-half after 40 hours. However, not all truck drivers are exempt – for example, local drivers of small trucks or those not engaged in interstate commerce are entitled to overtime pay.
Q: What is the Motor Carrier Exemption in simple terms?
A: It’s a federal rule that exempts certain truck drivers from overtime pay. If you work for a motor carrier in interstate commerce and your job involves the safe operation of heavy commercial vehicles (typically over 10,000 lbs on highways), then you don’t get overtime under this exemption. In short, if you drive big trucks across state lines (or help do so), overtime law likely doesn’t apply to you.
Q: What is the “small vehicle exception”?
A: It’s an important loophole in favor of employees. Even if you’d normally be exempt, if you drive a vehicle 10,000 pounds or less, you must get overtime pay for that week. This prevents companies from using light trucks to dodge overtime. (Note: certain passenger vans or hazmat vehicles, even if under 10k lbs, are still treated as commercial and don’t trigger this exception.)
Q: Do delivery drivers or local truck drivers get overtime?
A: Often, yes. Local drivers who stay within one state generally do get overtime pay because they’re outside the strict interstate exemption or they use smaller vehicles. For instance, a delivery driver in one city with a light truck should receive overtime after 40 hours. If a local driver’s work is tied into interstate shipments, the exemption could apply, but many such drivers fall under the small vehicle exception. Additionally, some state laws require overtime for local drivers even if federal law does not.
Q: If I’m paid by the mile, can I still get overtime?
A: Yes. How you’re paid (hourly, mileage, salary, etc.) doesn’t determine overtime – your job duties do. If you don’t meet the legal exemption criteria, your employer must pay overtime for over 40 hours no matter what pay scheme is used. Some companies mistakenly think paying per mile means no overtime, but that’s incorrect if you are otherwise eligible.
Q: What should I do if I think my employer owes me overtime?
A: Document your hours, duties, and the types of vehicles you drive. Consider consulting an employment lawyer who handles overtime cases or contacting the Department of Labor to review your case. You have the right to claim unpaid overtime, and the law protects you from retaliation. Our firm can evaluate your situation for free and help you pursue any owed compensation.
How to Take Legal Action
Truck driver overtime laws can be confusing, but the bottom line is that many drivers work overtime hours without extra pay due to specific legal exemptions, while others are legally entitled to overtime. It all boils down to the nature of your job. We hope this comprehensive guide has helped clarify whether truck drivers are exempt from overtime in your situation. If you have further questions or need personalized advice, contact our team of experienced wage and hour attorneys. We are here to ensure your rights are protected and that you receive the compensation you deserve for the long hours you work on the road.
If you’re feeling overwhelmed by truck driver overtime exemption issues, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at (866) 559-0400 to discuss your situation. Let’s work together to secure your financial future.
