DRIVERS

This page provides general information on the exemption from overtime pay for drivers.

California law requires that most employees in California be paid at least minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 8 hours in a day or 40 hours in a workweek.

However, the Labor Code provides an exemption from overtime pay for certain truck drivers.

The specific requirements for the computer employee exemption are summarized below.

In order for a truck driver to be exempt from overtime, the driver must overcome both federal law and state law. Under Federal law (Federal Motor Carrier Act of 1935) all persons employed in the transportation industry and their helpers, loaders and mechanics are exempt from overtime if the vehicle’s gross weight is between 10,000 lbs and 26,000 lbs and the truck or the goods in the truck are in interstate commerce (i.e. cross state lines)

Under California law (Motor Carrier Safety Act) a drivers will be exempt from overtime if:

• The truck is a farm labor vehicle or is transporting hazardous waste; or,
• The truck is a two-axle truck and:
  • The truck tows a trailer so that the combined length is more than 40 feet.
  • The truck has a gross weight rating of 26,001 lbs or more.
  • The truck is regulated by the California Public Utility Commission (PUC).
  • The truck tows a regulated trailer with a total gross weight rating of more than 10,000 lbs.

DID YOU KNOW:

• Taxi Drivers are exempt from overtime, but, limousine drivers are not exempt.
• Buses used to transport more than 10 persons are exempt
• The above exemptions only apply to employees whose regular duty is that of a driver. The exemptions also cover employees regularly (at least 50% of the time) as relief drivers or as assistant drivers.
• This exemption applies to only to overtime, and not to other wage and hour laws such as meal and rest breaks

For more information about Drivers see Opinion Letters from the California Division of Labor Standards Enforcement:

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