Truck Drivers Overtime

Truck Drivers Overtime

Overtime (time and a half) rules for truck drivers can be complex, but in general terms, here is a summary of those rules:

Overtime Applies:

  • Delivering goods made in California to a place of sale in California.
  • Even if not made in California, goods that are picked up in California and delivered to a place of final sale in California

Overtime does not apply:

  • Goods actually being transported across the state line (either direction)
  • Goods made in or out of California where the place of final sale lies outside of California – even if this leg of the route lies completely within California

A more detailed statement of the law is presented below.

If you are a truck driver in California and are not sure how these laws apply to your work, call our offices at 800-417-2008 and we will review your situation with you to see if you have a case for unpaid wages.

The general rule pursuant to Fair Labor Standards Act (FLSA), employees are to be paid time and one-half over 40 hours of work in the same week. This rule shall apply unless there is an exemption of law that does not require an employee to be paid overtime.

Truck Driver’s Overtime Exemption

Truck drivers may be exempt from overtime pursuant to 29 U.S.C. section 213 (b)(1), whereas the employee is regulated by the Secretary of Transportation. The Secretary of Transportation obtains it’s authority pursuant to section 204 of the Motor Carrier Act, 49 U.S.C. section 31502.

Truck Drivers May Receive Overtime If Certain Facts Exist

Generally, if a driver is routinely transporting goods across state lines, the driver is exempt from overtime. Also, if the goods that were transported in state, but designated for another state, the driver would also be exempt from overtime. ‘For instance, driver transports goods within California and places them in a warehouse, also in California. If the goods will be transported to Nevada (or any other state), these goods are considered still in commerce. Unfortunately, the driver in this scenario will not be entitled to overtime. On the other hand, if the goods were in its last leg of transportation and completely transported within California, the driver would be may be entitled to overtime if worked. This is because the goods will remain in California. Again, if the goods will be temporarily warehoused in California and destined for another state, then no overtime is required to be paid to the driver.

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