TRUCK DRIVERS EXEMPTION
Certain truck drivers are exempt from California Overtime and/or Overtime under the FLSA.
This exemption applies to:
Certain Truck Drivers except those under IWC Wage Orders 11, 12, 15 and 16.
Type of employee:
Truck drivers and assistants.
What are they exempt from:
There are several factors that must be considered in determining whether or not a truck driver is exempt from overtime, such as 1) the route the trucker is driving; 2) the goods the trucker is transporting; 3) where the good come from and 4) the weight and length of the truck.
In addition, the employee must determine if he or she is exempt from both Federal Law and California Law.
Employers typically argue that they are not required to pay their truck drivers overtime compensation because the truck driver is exempt under the Motor Carrier Exemption of the Fair Labor Standards Act (“FLSA”).
In order for a truck driver to be exempt from federal overtime, which is time and half for all hours worked over 40 hours in a workweek (i.e. Federal law does not have a daily overtime requirement), the employer has the burden of proof and must show the following:
California law applies to drivers whose activities are governed by the DOT or the State of California regulations. The following are the six (6) types of drivers that are not entitled to overtime under California law:
- Employees who drive a truck that has a gross weight rating of 26,001 pounds or more are exempt from overtime under California law.
- Employees who drive a truck that has a gross weight rating of 10,000-26,000 pounds are exempt from overtime under California law if the driver is engaged in interstate commerce.
- Employees who drive a farm labor vehicle or are transporting hazardous waste are exempt from overtime under California law.
- Employees who drive a truck that tows a trailer so that the combined length is more than 40 feet are exempt from overtime under California law.
- Employees who drive a truck that is regulated by the California Public Utility Commission (PUC) are exempt from overtime under California law.
- Employees who drive a truck that tows a regulated trailer with a total gross weight rating of more than 10,000 pounds, are exempt from overtime under California law.
DLSE Opinion. Letter No.
Hours worked: Overtime, truck drivers adding covered to uncovered hours
Meal Periods: Fuel Carriers Subject to Federal Safety Regulations
Overtime: Airport shuttle drivers
Overtime: Limousine drivers [Not exempt from overtime]
Overtime: Provisions of IWC wage order. for two-axle trucks not regulated by Department of Transportation
Overtime exemption: “For hire” motor trucks
Truck Driver/Transportation Industry
Overtime: Combining covered and uncovered hours