Does the flsa final rule apply to all overtime exemptions. Dol drives down the flsas motor carrier exemption wage. The taxicab exemption is one of the more straightforward exemptions to overtime pay under federal law. One of krapfs drivers, joseph resch, brought a collective action suit under the fair labor standards act flsa and the pennsylvania minimum wage act to recover unpaid overtime compensation for. 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. Under the motor carrier act, 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. Exemption for outside sales employees under the fair labor standards act flsa this fact sheet provides information on the exemption from minimum wage and overtime pay provided by section a1 of the f lsa as defined by regulations, 29 c. Are truck drivers exempt from flsa overtime provisions. 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. The differences between exempt employees and nonexempt employees can cause a lot of confusion for both workers and employers. School bus drivers not exempt from federal overtime rules. Hws has the burden of demonstrating that the exemption applied to johnson during the time it employed him.
Motor carrier overtime exemption flsa employment law. The exemption continues to have wide application in the trucking industry and to specific types of passenger transportation. Ind tow truck driver exempt under motor carrier act. This exemption applies to overtheroad drivers since they transport goods across state lines. 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. Mar 01, 2020 the flsa section b1 exemption applied very broadly for nearly seven decades. His employer billed its service as an airport shuttle van but took advantage of flsas exemption from overtime for taxicab operators. Circuit court of appeals found that an employer may rely on the combination exemption set forth in. The taxicab exemption to the flsa exempts cab drivers from. However, there are some categories of employees that qualify for fair labor standards act exemptions from overtime. Employees not within the flsa section b2 exemption. Apr 10, 2012 home wage and hour exemptions new york limo driver exempt from overtime under motor carrier exemption. A florida van driver who had been paid only commissions and tips by his employer quit and sued for violation of the fair labor standards act flsa. The motor carrier overtime exemption does not apply to employees who work as drivers, driver s helpers, loaders, or mechanics on certain small vehicles.
Section a1 and section a17 also exempt certain computer employees. After years of unemployment, workers would often take any job offered no matter how little they were paid or deplorable the conditions. We have represented numerous employees in overtime related claims. Mar 14, 2017 we now turn to the fair labor standards act flsa administrative exemption, the second of the whitecollar overtime exemptions explained in this blog series. The requirements of the flsas motor carrier exemption have been historically difficult to apply. Some employees are exempt from the overtime pay provisions, some from both the minimum wage and overtime pay provisions and some from the child labor provisions of the fair labor standards act flsa. Following is a list of some of the more commonly used exemptions. Drivers not entitled to overtime when route is part of.
The motor carrier exemption is one of the original exemptions contained in the 1938 fair labor standards act. If an employee doesnt fit in them, they must be paid minimum wage and overtime, right. In this article we are going to cover the commonly misapplied overtime exemption known as the motorcarrier act exemption. Apr 07, 2015 one potential caveat to this rule is an flsa exception for ministers and clergy, the socalled ministerial exception. This exemption in wage order 14 would have to be harmonized with labor code section 515a. Many employees who work in the transportation industry are also exempt, including those who work as. Under the federal fair labor standards act flsa, some truck drivers are exempt from overtime. Truck drivers overtime lawyer truck drivers overtime. Over the years, congress has added several exemptions to the overtime rules, but school bus drivers generally do not fit in any of these exemptions. Court of appeals for the third circuit, which covers pennsylvania, new jersey, and delaware, issued a ruling in mcmaster v.
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. Jun 27, 2009 in other words, it does not matter whether the driver in question actually has made an interstate run. Other employees are exempt from the provisions of the flsa, which means they do not qualify for overtime pay for hours worked over 40 hours per week. The case was before the court on several motions for summary judgment. Even so, not all employees of motor carriers or private motor carriers are exempt.
Motor carrier exemption still has its twists and turns wage. The next blue collar exemption to the flsa is the taxicab exemption. This means they should be receiving overtime pay if they work more. Noel cintron was trumps personal driver for more than 25 years. Non exempt means the employee is covered by the flsa and must be paid one and onehalf times their regular hourly wage for every hour worked over 40 hours per week. 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. At issue was the motor carrier act of 1935 the mca exemption that removes from the flsas overtime protections any employee with respect to whom the. Home wage and hour exemptions new york limo driver exempt from overtime under motor carrier exemption. In a move that could substantially impact businesses employing drivers and treating them as exempt from federal overtime requirements, the u. Drivers of these vehicles were generally exempt from the federal law prior to august 2005 if they carried goods across state lines, or if the goods originated out of state. Doortodoor salesmen, chauffeur drivers not entitled to overtime. Jul 10, 2017 the next blue collar exemption to the flsa is the taxicab exemption. In this case, most new york employers would be required to meet the flsas minimum salary requirement for the professional exemption in addition to meeting the federal and state duties tests. Congress changed the laws of overtime for drivers of vehicles with a vehicle gross weight rating of 10,001 lbs.
For example, is an insurance agent exempt from overtime. Texas minimum wage and overtime exemptions employment. 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. The fair labor standards act flsa requires that most workers be paid at a rate not less than one and onehalf times the employees regular rate of pay for work in excess of 40 hours in. The motor carrier exemption to the flsa exempts some but not all truck drivers, loaders, and mechanics from overtime pay. Though there are numerous categories of exemptions, some of the most common include. However, many drivers and other safetyaffecting employees are now subject to the overtime standards. Fair labor standards act flsa exemptions fair labor. Aug 04, 2016 the motor carrier act exemption are truck drivers exempt from flsa overtime provisions. Exemptions are narrowly construed against the employer asserting them. The motor carrier overtime exemption does not apply to employees who work as drivers, drivers helpers, loaders, or mechanics on certain small vehicles. There is an act call the motor carrier act section b1 of the flsa which exempts drivers who regularly travel across state lines to make deliveries from overtime pay. The fair labor standards act flsa is best known as the law determining the exempt or nonexempt status of jobs and overtime requirements. Most of the attention with the recentlyreleased fair labor standards act flsa final rule for white collar overtime exemption focused on the change in the salary threshold for positions related to administrative, professional and executive exemptions.
For the professional exemption, there is no minimum salary requirement under state law, but the federal fair labor standards act flsa has a minimum. This information may include medical exams, employment history, driving experience and motor vehicle records which must be submitted with the. The general rule is that all employees in california are entitled to overtime pay, unless they meet one of the exemptions. Learn whether youre covered by federal laws on overtime pay. 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. Workers who may be legally exempt, and not entitled to overtime pay, could include drivers who are not independent contractors.
The fair labor standards act exempts from its overtime requirements employers engaged in the business of operating taxicabs. However, section a1 of the flsa provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. 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. Acknowledging its obligation to give a fair reading to all fair labor standards act flsa overtime exemptions, as the u. 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. 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. Armored truck driver not exempt from overtime under the. New york limo driver exempt from overtime under motor. Many truck drivers are exempt from the overtime law which means they are not entitled to overtime pay. The court granted defendants motion for summary judgment, finding that the plaintiff was exempt from the flsas overtime provisions pursuant to the motor carrier act mca exemption. The driver sued on behalf of all present and former drivers. Truck drivers overtime lawyer truck drivers overtime laws.
Under federal law, all employees are entitled to overtime pay unless exempt. Blue collar exemptions to the flsa stiegler law firm, l. Jul 23, 2018 over the years, congress has added several exemptions to the overtime rules, but school bus drivers generally do not fit in any of these exemptions. Jul 11, 2018 donald trumps former driver claims to be owed years of overtime pay, and the potential flsa violation could end up costing the president hundreds of thousands of dollars. If a driver qualifies for overtime under either law, he or she is entitled to overtime pay. 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. The fair labor standards act is administered by the wage and hour. California law applies to drivers whose activities are governed by the dot or the state of california regulations. Are commercial truck drivers exempt from overtime pay. Plaintiff ashley mcmaster worked for defendant eastern armored services, inc. 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.
The flsa section b1 exemption applied very broadly for nearly seven decades. Exemptions from overtime only texas workforce commission. However, whether a particular tow truck driver is protected by the flsa or the motor carrier exemption is a complicated and highly factspecific question. The fair labor standards act is designed to insure that wage earners are compensated for overtime hours and provides. The flsas motor carrier exemption creates an overtime exemption for. Under the flsa itself as well as other employment statutes, like title vii, the only thing you need to know is that there is no ministerial exception in the statute. In many ways, this is the most complicated of the whitecollar exemptions, and the line between an administrative employee and a nonadministrative employee is not always clear. Other truck drivers, generally overtheroad drivers, may still be exempt.
We have previously covered some of the more commonly used overtime exemptions article. To learn more about these exemptions for office workers, see white collar exemptions under the flsa. He filed a collective action under the fair labor standards act flsa, claiming he was a nonexempt delivery driver and entitled to damages for minimum wage and overtime violations. Texas minimum wage and overtime exemptions employment law. Under the motor carrier act, 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. In many circumstances, a truck driver is entitled to overtime pay under the fair labor standards act flsa if they work over 40 hours in a single work week. The following categories of employees are exempt from overtime pay, but not from the minimum wage. The 10th circuit disagreed, however, after considering the purpose of the motor carrier act exemption to the flsa and deciding that decker was subject to dot regulation. On march 11, 2015, the third circuit in mcmaster v. A little know exemption is that most truck drivers are exempt from overtime under california law.
Oct 27, 2011 home wage and hour exemptions motor carrier exemption still has its twists and turns. Texas law exempts outside salesmen from its minimum wage and overtime requirements. The section b1 overtime exemption does not apply to employees of noncarriers such as commercial garages, firms engaged in the business of maintaining and repairing motor vehicles owned and. Jan 10, 2019 as with other flsa exemptions, the motor carrier exemption might not excuse an employers state law overtime obligations. Fair labor standards act exemptions minimum wage and. Relying on the secretary of labors opinion letters and amicus brief, the 4th u. Flsa motor carrier exemption horton law pllc management law. S department of transportation code of federal regulation, title 49, sections 395. 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 this reason, the interstate commerce requirements of the section b1 exemption are not necessarily met by establishing that an employee is engaged in commerce within the meaning of the fair labor standards act when performing activities as a driver, drivers helper, loader, or mechanic, where these activities are sufficient in. If an air carrier is engaged in interstate or foreign commerce or in the transportation of the u. The operative question then becomes whether the business meets this definition.
March 2015 certain motor carrier drivers are entitled to flsa overtime pay notwithstanding general exemption click here for printable pdf the u. Flsa overtime exemptions the administrative exemption. Unlike in other fields, truck drivers often dont receive overtime pay. Motor carrier overtime exemption flsa employment law handbook. However, now these drivers are not exempt and are covered by the federal overtime law. Section 2a of the fair labor standards act provides for several exemptions from both its minimum wage and overtime requirements. Are church and religious workers covered by the flsa. Other, less commonly used flsa exemptions, are listed after this section. 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. Consequently, employers and employees should always closely check the. In making the determination as to which employees are exempt from the flsa, one should always keep in mind that flsa exemptions are subject to the rule of strict construction and are narrowly construed against an employer, which has the burden of proving an exemption.
Motor carrier exemption applies to drivers who can be. This case contrasts the proof and result of a similar. Section 2b of the fair labor standards act flsa provides for several exemptions from its overtime requirements. Most employers must pay the majority of their employees overtime pursuant to the fair labor standards act flsa. The section b1 overtime exemption does not apply to employees of noncarriers such as commercial garages, firms engaged in the business of maintaining and repairing motor vehicles owned and operated by carriers, or firms engaged in. Drivers, drivers helpers, loaders, or mechanics whose duties affect the safety of. Some employees are exempt from the overtime pay provisions, some from both the overtime pay and minimum wage provisions, and some from the child labor provisions of the federal fair labor standards act flsa. Congress enacted the fair labor standards act flsa in 1938 as america was beginning to recover from the great depression. If youre a truck driver and youre not an independent contractor, you may be bound by forced arbitration, which blocks you from taking your employer to court.
Taxicab drivers are also exempt from the statutory overtime requirement. Motor carrier exemption still has its twists and turns by noel p. New york limo driver exempt from overtime under motor carrier. The flsa requires a covered employer to pay an employee overtime unless the employee qualifies as an exempt employee under the flsa. The flsa motor carrier exemption stiegler law firm, l. The fair labor standards act flsa provides an overtime exemption for employees who are regulated by the department of transportation. Eastern armored services, 1 held that while professional motor carriers are generally exempt from overtime under the fair labor standards act flsa, an exception exists for drivers of vehicles weighing less than 10,000 pounds the facts. New york limo driver exempt from overtime under motor carrier exemption by noel p. 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. Drivers of busesshuttle serviceslimousines operating to and from transportation terminals.
The exemptions provided by flsa section a1 apply only to whitecollar employees who meet. The fair labor standards act flsa provides an overtime exemption for employees who. Section b1 of the flsa provides an overtime exemption for employees who. 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. Trumps driver sues for years of unpaid overtime hr morning. Under federal law, drivers might be exempt from overtime under the motor carrier exemption of the fair labor standards act flsa. 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. So, why are we finding so many bus drivers still not receiving proper pay. Jan 23, 2018 we have previously covered some of the more commonly used overtime exemptions article. Which employees are exempt from overtime payments under the flsa. Certain motor carrier drivers are entitled to flsa overtime. Shuttle bus drivers who drove tourists between their hotels and the miami airport and transported them to other locations within florida were exempt from the overtime requirements of the fair.
697 435 904 597 1432 848 4 330 984 769 353 468 960 636 1067 844 569 1433 108 652 175 1461 381 764 1283 1003 831 828 524 1371 1072 381 186