Yes, a company may have to pay overtime to a truck driver if they have worked more than 40 hours in a work week, however there are certain exemptions. There is an act call the Motor Carrier Act (Section 13(b)(1) of the FLSA) which exempts drivers who regularly travel across state lines to make deliveries from overtime pay. Thus, the 13(b)(1) overtime exemption applies to drivers who are:
- Employed by a motor carrier or motor private carrier, as defined in 49. U.S.C. Section 13102.
- Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety operation of motor vehicles in transportation on public highways in interstate or foreign commerce.
- Not covered by the small vehicle exception.
For more information on 13(b)(1) regarding overtime laws and truck drivers visit http://www.dol.gov/whd/regs/compliance/whdfs19.htm
Every case is different. Therefore, if you work as a truck driver and believe that your employer is violating the law by not properly paying you overtime wages, contact one of our experienced attorneys immediately. There are strict statutes of limitations to file these types of lawsuits so it is important that you do not wait. If you wait, you may lose your ability to recover some or all of your back pay. Call (855) 794-2795 now for a free, no obligation case review to discuss your case.