However, there are a number of exceptions to this general rule. Whether or not you are entitled to minimum wage andor overtime pay for working more than 40 hours per week depends on your exemption status, as governed by the federal fair labor standards act flsa. Sep 25, 2018 acknowledging its obligation to give a fair reading to all fair labor standards act flsa overtime exemptions, as the u. We represent numerous employees in overtime related claims. Overtime frequently asked questions faq the new york state minimum wage orders contain the states overtime requirements. The fair labor standards act flsa is best known as the law determining the exempt or nonexempt status of jobs and overtime requirements. Paying overtime minnesota law the minnesota fair labor standards act requires employers to pay overtime for all hours worked in excess of 48 per workweek, unless the employee is specifically exempt under minnesota statutes 177. Few anticipated the issuance of an injunction blocking the regulations, much less one a mere eight days before the regulations were set to take effect. Overtime laws minnesota department of labor and industry. The motor carrier overtime exemption does not apply to employees who work as drivers, drivers helpers, loaders, or mechanics on certain small vehicles. Section 2b1 of the fair labor standards act states the laws overtime requirements do not apply to those with respect to whom the. The exemptions do not apply to manual laborers or other bluecollar workers who perform work involving repetitive operations with their hands, physical skill and energy. He filed a collective action under the fair labor standards act flsa, claiming he was a non exempt delivery driver and entitled to damages for minimum wage and overtime violations. North carolina exempts administrative employees from its minimum wage, overtime, and record keeping requirements.
The flsa requires that all covered nonexempt employees be paid overtime pay at no less than time and one half their regular rates of pay for all hours worked in excess of 40 in a workweek. The fair labor standards act flsa, listed by the u. The flsa motor carrier exemption stiegler law firm, l. What is the motor carrier exemption and to whom does it apply. Any time logged by the driver while engaged in activities that are not exempt must be accounted for on the rods. Department of labor, wage and hour division, outlines occupations excluded by federal law. Mar 31, 2017 a federal district court issued on november 22, 2016, a nationwide preliminary injunction blocking the new flsa whitecollar overtime exemption regulations from taking effect on december 1. The flsa generally requires employers to pay employees at least the minimum wage, and overtime if employees work more than 40 hours in a week. Drivers, drivers helpers, loaders and mechanics are exempt from the overtime pay provisions of the flsa if employed by a motor carrier, and if the employees duties affect the safety of operation of the vehicles in transportation of passengers or property in. For that workweek, the employee is not subject to the foreign exemption, and the agency must determine the exemption status of such an employee as described in paragraphs c1 and c2 of this section. Revised november 2009 section b1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier act of 1935, except those employees covered by the small vehicle exception described below. For non exempt employees, the fair labor standards act sets minimum wage rates and overtime requirements. Ind tow truck driver exempt under motor carrier act. The motor carrier exemption to the flsa exempts some but not all truck drivers, loaders, and mechanics from overtime pay.
A driver is not required to spend all of his work time driving and may perform other duties. Section b1 of the fair labor standards act, as amended subsec. Section b20 of the flsa provides an overtime exemption to law enforcement or fire protection employees of a public agency that employs less than five employees during the workweek in law enforcement or fire protection activities. These requirements are outlined in the flsa regulations promulgated by the u. This exemption applies to overtheroad drivers since they transport goods across state lines.
The fair labor standards act flsa overtime security advisor provides employers and employees with the information they need to understand federal overtime security requirements. The federal fair labor standards act flsa requires employers to pay workers overtime if they work more than 40 hours in a workweek 29 u. However, many employers do provide breaks and meal periods, even though discretionary with the employer. The fair labor standards act flsa provides an overtime exemption for employees who. New york limo driver exempt from overtime under motor carrier. Notwithstanding the section b1 exemption, the overtime provisions of section 7 of the flsa shall apply to an employee of a motor carrier or motor private carrier in any work week that. Exempt from order 9, except sections 4, 10, 11, 12, 20, and 22. The purpose of part 553 is to set forth the regulations to carry out the provisions of these amendments, as well as other flsa provisions previously in existence relating to such. Under colorados new overtime and minimum pay standards effective 3162020, truck drivers working entirely within the state of colorado may be entitled to overtime pay the new colorado exemption from overtime pay only applies to an employee who is a driver, a drivers helper, or a loader or mechanic of a motor carrier, if the employee.
Motor carrier exemption applies to drivers who can be. Which employees are exempt from overtime payments under the flsa. To qualify for the administrative employee exemption, an employee must meet the requirements established under the federal fair labor standards act and its related regulations. Chamberlain, kaufman and jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the federal fair labor standards act flsa. Court of appeals for the second circuit concluded that doortodoor salespersons for an energy supply company fit squarely within the flsas outside sales. Californias exemption, however, is even broader than its federal counterpart because it also exempts drivers who. Department of labors dol regulations on the outside sales exemption for drivers who both deliver and sell products and affirmed summary judgment for the employer, finding the plaintiff satisfied the criteria for the outside sales exemption. Other truck drivers, generally overtheroad drivers, may still be exempt. The court granted defendants motion for summary judgment, finding that the plaintiff was exempt from the flsa s overtime provisions pursuant to the motor carrier act mca exemption. A driver is the individual that drives the motor vehicle.
Are you reimbursing your delivery drivers in compliance. The employer must get prior approval of a plan to operate under this overtime exemption from the secretary of labor. Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay. This means that an employer must pay employees who work on small vehicle overtime for all hours worked over 40 in a workweek, as required by the flsa. The department of labor revised the regulations located at 29 c. The exemptions provided by flsa section a1 apply only to whitecollar employees who meet the salary and duties tests set forth in the part 541 regulations. While the flsa does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the flsa does not regulate. The taxicab exemption is one of the more straightforward exemptions to overtime pay under federal law. Section b1 of the flsa provides an overtime exemption for employees who. Truck drivers overtime lawyer truck drivers overtime laws. The first exemption from the hos 30minute break provision will allow drivers transporting readymixed concrete and related materials to use 30 minutes or more of onduty waiting time to satisfy the requirement for the 30minute rest break, provided they do not perform any other work during the break.
Dol answers questions on flsa compliance during the. The motor carrier exemption under the fair labor standards act flsa section b1 of the flsa is an exemption from overtime. Federal law excludes some types of employees from the requirement to receive one and onehalf times their regular rate of pay. Motor carrier overtime exemption flsa employment law. If your job duties meet the above requirements, then you are covered by the. The motor carrier exemption under the fair labor standards act flsa section b1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier. No employer shall be liable under the fair labor standards act of 1938 29 u. Overtime pay must be at least oneandonehalf times the employees regular rate of pay. However, when paid on a salary basis, computer professionals must meet the new salary threshold and work in a job meeting. Section b20 of the flsa provides an overtime exemption to law enforcement or fire protection.
The provisions of section 7 overtime do not apply with respect to any employee to whom the secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions. Foreign exemption fact sheet mso992 june 1999 the foreign exemption is a provision of the fair labor standards act of 1938 the act or flsa, as amended, under which the minimum wage, overtime, and child labor provisions do not apply to any employee who spends all hours of work in a given workweek in an exempt area. Doortodoor salesmen, chauffeur drivers not entitled to. The motor carrier exemption under the fair labor standards. The 29 usc 207k section of the flsa creates a partial exemption from the 40hour requirement for qualifying firefighters and lawenforcement personnel. Overtime rules and exemptions under the flsa justworks. North carolina minimum wage and overtime exemptions. Apr 10, 2012 new york limo driver exempt from overtime under motor carrier exemption by noel p. Labor department press release highlights a growing area of scrutiny under the federal fair labor standards act. Section b1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier act of 1935, except those employees covered by the small vehicle exception described in the document.
Usdol recently announced that a labor recruitingstaffing company catering to oilfield services and maritime fabrication facilities along the gulf coast had agreed to. Jun 08, 2004 motor carrier exemption under the fair labor standards act flsa flsa provides for exemption from overtime pay for employees for whom the federal transportation secretary has authority, as provided under the motor carrier act, to establish qualifications and maximum hours of work. If an employee doesnt fit in them, they must be paid minimum wage and overtime, right. Handy reference guide to the fair labor standards act u. Learn whether youre covered by federal laws on overtime pay. Employed by a motor carrier or private motor carrier.
Four types of employees can be exempt under the flsas motor carrier act exemption including. Department of labors dol posted a new set of wage and hour questions and answers for employers affected by covid19, addressing pay issues around telework and other concerns. Section 2 a of the fair labor standards act provides for several exemptions from both its minimum wage and. Department of labor the dol has narrowed its view of the motor carrier exemption the mce to the fair labor standards act the flsa, as set forth under 29 u. We have represented numerous employees in overtime related claims. Wages and hours new york state department of labor. As defined by the federal government, this exemption applies to any commercial motor vehicle driver that hauls any agricultural commodity, nonprocessed food, feed, fiber or livestock. Tripp on april 10, 2012 the requirements of the flsas motor carrier exemption have been historically difficult to apply. The fair labor standards act flsa, which was first enacted in 1938, includes minimum wage, overtime pay and child labor protections for workers in the united states. The entry on the rods for the time spent in this activity should be entered as exempt, or exempt under section 390.
Motor carrier overtime exemption flsa employment law handbook. Section 2 b of the fair labor standards act flsa provides for several exemptions from its overtime requirements. Drivers, driver s helpers, loaders and mechanics are exempt from the overtime pay provisions of the flsa if employed by a motor carrier, and if the employees. This exemption is set forth in section b17 of the flsa, and covers any driver employed by an employer engaged in the business of operating taxicabs. Motor carrier exemption leaves truck drivers out of overtime pay. Jan 23, 2018 in this article we are going to cover the commonly misapplied overtime exemption known as the motorcarrier act exemption. Overtime laws do not apply to some types of employees. If you have a question about your entitlement to overtime, call the overtime lawyers at herrmann law. However, there are some categories of employees that qualify for fair labor standards act exemptions. In a move that could substantially impact businesses employing drivers and treating them as exempt from federal overtime requirements, the u. Most employers must pay the majority of their employees minimum wage and overtime pursuant to the fair labor standards act flsa. The dot concluded that a driver who is called on, or who is subject to being called on, to drive in interstate.
There is an act call the motor carrier act section b 1 of the flsa which exempts drivers who regularly travel across state lines to make deliveries from overtime pay. If your job duties meet the above requirements, then you are covered by the motor carrier act exemption and are exempt from being paid overtime pay one and one half the regular rate of pay for hours over 40 in a workweek. Fair labor standards act exemptions minimum wage and. The fair labor standards act flsa provides an overtime exemption for employees who are regulated by the department of transportation. Learn more about your rights under the flsa and similar state laws in our wage and hour articles the flsa was passed in 1938 after the great depression, when many employers took advantage of the tight labor market to subject workers. These requirements are in addition to those required by federal law, including the fair labor standards act flsa. The motor carrier exemption under the fair labor standards act flsa section b1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier act of 1935. Employees who work as drivers, drivers helpers, loaders, and mechanics do not. The flsa overtime pay requirements do not apply to any employee of an air carrier that is subject to the provisions of the federal railway labor act. The exemptions provided by flsa section a 1 apply only to whitecollar employees who meet the salary and duties tests set forth in the part 541 regulations. Fair labor standards act exemptions overtime employment. The foreign exemption does not resume until the employee again meets one of the criteria in paragraph b of this section. Jul 10, 2017 the next blue collar exemption to the flsa is the taxicab exemption. An example of such a violation occurred in 20, when 300 delivery drivers brought a case against a jimmy johns gourmet sandwich franchisee for allegedly violating the fair labor standards act.
Thats because the fair labor standards act, or flsa, has a motor carrier exemption. Truck drivers overtime lawyer truck drivers overtime. Dol drives down the flsas motor carrier exemption wage. The flsa contains some exemptions from these basic standards. Sep 15, 2010 in 1981, dot issued an interpretation of its jurisdiction to regulate driver qualifications and hours of service of drivers engaged in interstate or foreign commerce for purposes of invoking the motor carrier exemption from the flsa. The differences between exempt employees and nonexempt employees can cause a lot of confusion for both workers and employers. Regulations section federal motor carrier safety administration. The law covers minimum wage, overtime pay, hours worked, record keeping, and youth employment standards for employees both in the private sector and in federal, state, and local governments. Mca overtime motor carrier exemption interstate flsa exempt. Truck driver pay laws can be a little confusing and in some cases, trucking companies fail to pay drivers the overtime they deserve. The new rules on may 18, 2016, the united states department of labor dol announced the final version of new standards revising the fair labor standards act flsa minimum wage and overtime requirements and establishing an implementation date for the updated regulations of december 1, 2016.
Section 7k of the flsa provides that employees engaged in fire protection or law enforcement may be paid. The case was before the court on several motions for summary judgment. Examples of drivers eligible for the exemption include. Must meet salary basis, salary level, and duties tests for exemption. The fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. Federal court finds intrastate truck drivers eligible for. Flsa overtime security advisor outside sales employees the flsa contains an exemption from the payment of both minimum wage and overtime pay to any employee employed as an outside sales employee, as that term is defined by the regulations, part 541. Only drivers, drivers helpers, loaders who are responsible for proper loading, and mechanics working directly on motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the flsa. Exemption for professional employees under the fair labor standards act flsa note. Does the flsa final rule apply to all overtime exemptions.
Under the motor carrier act exemption, drivers, drivers 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. Neither the fair labor standards act flsa nor georgia law requires breaks or meal periods be given to workers. If an air carrier is engaged in interstate or foreign commerce or in the transportation of the u. The drivers claimed they were made to pay for costs incurred while delivering sandwiches to customers, including gasoline, vehicle parts and fluids. It applies in every state, but the states are free to pass laws that are more generous to employees and to regulate the rare cases in which federal law does not apply. Nov, 2017 drivers employed by trucking company were within the motor carrier exemption from the fair labor standards acts flsa overtime compensation requirement, even if the company advertised for drivers for local hauls, since the drivers were indiscriminately assigned to interstate routes and all of the drivers reasonably could be expected. Airline employees who work over 40 but not more than 60 hours during the workweek due to a temporary modification in their normal work schedule not required by the employer and arranged at the request of the employee. Apr 04, 2010 though the record reflects that some of plaintiffs activities as a yard hostler promoted the safe operation of trucks and trailers transporting property through interstate commerce, nothing in the record indicates that those activities were those of a driver, drivers helper, loader, or mechanic as defined by the flsa regulations. August 25, 2011, the southern district of texas denied an employers motion for summary judgment in a case involving flsa overtime claims brought by truck drivers. Learn about special issues in applying the flsa to police and fire employees such as the option to define an extended workweek, flsa application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid oncall fighters. Whatever happened to those new flsa overtime regulations. These employees are known as exempt, and are not entitled to overtime pay, even.
The fair labor standard act flsa exempts from its overtime requirements. What you need to know the fair labor standards act flsa is a federal law governing overtime, minimum wage, and child labor. The fair labor standards act flsa is the federal wage and hour law which regulates minimum wage, overtime, equal pay, recordkeeping, and child labor. Drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of. Intelligent mexican marketing, a welcome decision for employers, the fifth circuit court of appeals applied the factors set forth in the u. However, flsa regulations exempt certain kinds of jobs from the overtime pay laws if the employees are paid on a salary basis and receive at least a. Any employee working as a seaman may be exempt from overtime under the flsa. Published in the federal register last week, this exemption relates specifically to the 150 air mile radius exemption, and how it can be used by ag haulers. The employer argued that the plaintiffs were subject to the flsas motor carrier exemption which would mean that the drivers were not entitled to overtime pay because the.