Truck Drivers and Overtime Pay

Truck Drivers that are NOT Eligible for Overtime Pay

Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay.  Under the Motor Carrier Act exemption, 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.

Truck Drivers that ARE Eligible for Overtime Pay

Drivers of vehicles that have a GVWR (Gross Vehicle Weight Rating) of 10,000 pounds or less 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 have a GVWR 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 has a GVWR of more than 10,000 pounds.

Vehicle > 10,000 Pounds GVWR = Not Eligible

Vehicle + Trailer > 10,000 Pounds GVWR = Not Eligible

Vehicle < or = 10,000 Pounds GVWR = Eligible

Do You Need Help Knowing if You are Eligible for Overtime Pay?

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.

Client Reviews


A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.


After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.


We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.

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