Why Most Truck Drivers Don’t Get Overtime and Who Still Does
The Motor Carrier Act exemption covers most CDL drivers, but small-vehicle drivers, some local drivers and drivers in a few states can still be owed time and a half.
Most truck drivers do not receive federal overtime because Section 13(b)(1) of the Fair Labor Standards Act exempts drivers, helpers, loaders and mechanics whose work falls under the Department of Transportation’s safety authority. Drivers who work on vehicles of 10,000 pounds or less, and drivers with no realistic chance of interstate work, can still be owed time and a half after 40 hours.
Why are truck drivers exempt from overtime?
Truck drivers are exempt because Congress left their hours to DOT safety rules instead of the overtime law. Hours-of-service limits already cap how long a driver can work, so the FLSA’s overtime section does not apply to employees the Secretary of Transportation has power to regulate. The exemption is commonly called the Motor Carrier Act (MCA) exemption.
According to the Department of Labor’s Fact Sheet 19, the exemption applies when three conditions are all met:
- The employer is a motor carrier (hauling for compensation) or a motor private carrier (hauling its own goods).
- The employee is a driver, driver’s helper, loader or mechanic whose duties affect the safety of operation of motor vehicles on public highways in interstate or foreign commerce.
- The employee is not covered by the small vehicle exception.
The exemption covers overtime only. Exempt drivers must still be paid at least the federal minimum wage for every hour worked, which matters for per-mile pay explained in how truck drivers get paid.
Who is still covered by overtime?
The main group still owed federal overtime is drivers who work on small vehicles. Under the small vehicle exception, the exemption does not apply in any workweek in which the employee’s work involves, in whole or in part, vehicles weighing 10,000 pounds or less. That holds even if the same driver also drives heavier trucks that week.
The small vehicle exception has its own limits. It does not reach vehicles designed or used to carry more than 8 passengers for pay, more than 15 passengers otherwise, or hazardous materials in placarded amounts.
| Worker | Federal overtime? | Why |
|---|---|---|
| OTR tractor-trailer driver | Usually no | Interstate driving, safety-affecting duties |
| Local driver for an interstate carrier, could be sent across state lines | Usually no | Reasonable expectation of interstate work |
| Driver who spends part of the week in a van of 10,000 lb or less | Yes, for that week | Small vehicle exception |
| Dispatcher, office staff | Yes, if otherwise covered | Duties do not affect vehicle safety |
| Warehouse worker who unloads but is not responsible for proper loading | Yes, if otherwise covered | Not a loader under the exemption |
| Purely intrastate driver hauling goods that are not in interstate commerce | Possibly | Depends on the freight and the employer |
Does a local or intrastate driver get overtime?
A local driver can still be exempt if the employer is in interstate commerce and the driver could reasonably be expected to make an interstate trip. Interstate commerce also includes legs that stay inside one state but carry goods on a continuing interstate journey, such as hauling a container from a port to a warehouse in the same state.
DOT asserts jurisdiction over a driver for four months starting from the date the driver could have been called on to do interstate work, or actually did it. A driver who made one interstate run can stay exempt for about four months afterward, even with only local work in between. A driver who never crosses state lines, hauls freight that starts and ends in the state, and works for a company with no interstate operation is the clearest case for overtime coverage. Whether a given route counts is a fact question, and the Wage and Hour Division or an employment attorney can assess a specific job.
Do any states require overtime for truck drivers?
Some states set their own overtime rules for drivers, and a state rule can be more generous than federal law. Washington is the best-known example. Its law exempts drivers subject to the Motor Carrier Act from state overtime only if their pay plan includes overtime that is “reasonably equivalent” to what the state requires, and an employer paying by the mile or by the load must be able to show the Washington Department of Labor and Industries how its rate builds in that overtime (WAC 296-128-012). For drivers based in Washington, the state Supreme Court held in Bostain v. Food Express (2007) that the 40-hour count includes hours worked outside the state.
Other states handle drivers differently, and many simply follow the federal exemption. Check your state labor department’s overtime page for the rule where you are based.
How do I file an unpaid wage complaint?
A driver who believes overtime or minimum wage was not paid can file a confidential complaint with the Department of Labor’s Wage and Hour Division by calling 1-866-487-9243 or through its online complaint page. Employers may not retaliate against a worker for filing or cooperating with an investigation.
- Gather pay stubs or settlement sheets, logs from the ELD, trip records and any written pay policy.
- Write down the vehicles you drove each week, with weight ratings if you know them. This matters for the small vehicle exception.
- Contact the Wage and Hour Division, or your state labor department if state law gives more protection.
- Note the deadline. FLSA back-wage claims generally must be brought within two years, or three years for a willful violation.
Pressure to falsify logs or drive past legal hours is a separate issue. It falls under FMCSA’s coercion rule and STAA whistleblower protection, covered in our guide to driver coercion and whistleblower rights.
Bottom line
The exemption turns on the vehicle and the job, week by week, not on whether you hold a CDL. A CDL holder who spends a day in a 9,000-pound box truck may be owed overtime for that whole week. Keep records of which vehicles you drove each week, because they decide the claim.
FAQ
Do truck drivers get time and a half after 40 hours?
Most interstate CDL drivers do not, because the Motor Carrier Act exemption removes federal overtime. Drivers of vehicles of 10,000 pounds or less and some local drivers can be owed it.
Does the exemption cover mechanics and loaders?
Yes, if their work directly affects the safe operation of trucks in interstate commerce. Workers who only unload, or whose safety-related work is trivial, are not exempt.
Is a per-mile driver owed minimum wage?
Yes. The Motor Carrier Act exemption covers overtime only, so total pay divided by hours worked must reach at least the federal minimum wage, or a higher state minimum where that applies.
Does an owner-operator get overtime?
No. Overtime law covers employees. An owner-operator treated as an independent contractor is not owed overtime, although a driver who was misclassified may have a claim as an employee.
