How does the FLSA motor carrier overtime exemption work?

Short answer

The FLSA motor carrier overtime exemption applies to employees of a carrier whose activities directly affect the safety of operation of motor vehicles in transportation in interstate or foreign commerce. To qualify, the employee's activities must relate directly to the transportation of materials moving in interstate or foreign commerce, and the employee must be employed as a driver, driver's helper, loader, or mechanic.

The rule says

"section 13(b)(1) of the Fair Labor Standards Act does not exempt an employee of a carrier from the act's overtime provisions unless it appears, among other things, that his activities as a driver, driver's helper, loader, or mechanic directly affect the safety of operation of motor vehicles in transportation in interstate or foreign commerce within the meaning of the Motor Carrier Act." (29 CFR 782.7)

"(b)(1) Highway transportation by motor vehicle from one State to another, in the course of which the vehicles cross the State line, clearly constitutes interstate commerce under both acts." (29 CFR 782.7)

In plain English

The FLSA motor carrier overtime exemption is a complex rule that applies to employees who work in the transportation industry, specifically those whose jobs directly affect the safety of motor vehicles in interstate or foreign commerce. This exemption can be tricky to navigate, as it requires a detailed understanding of the employee's job duties and how they relate to the transportation of goods or people across state lines. Employers must carefully evaluate their employees' roles to determine whether they qualify for this exemption.

What to do

• Review employee job duties to determine if they directly affect the safety of motor vehicles in interstate or foreign commerce.
• Verify that employees are employed as drivers, driver's helpers, loaders, or mechanics.
• Ensure that employees' activities relate directly to the transportation of materials moving in interstate or foreign commerce.
• Consult with legal counsel or a regulatory expert to ensure compliance with the FLSA motor carrier overtime exemption.