Truck Drivers
FLSA overtime pay for truck drivers paid day rates or per-trip rates, including those with smaller vehicles under the motor carrier exemption threshold.
Many truck drivers are owed overtime even when their employer says the motor carrier exemption applies. The motor carrier exemption only applies to drivers who operate vehicles weighing more than 10,000 pounds and who cross state lines (or work for a carrier that does), or who transport goods coming in from out of state or destined to go out of state. If you drive a smaller vehicle, drive only within a single state without transporting goods from out of state or destined to go out of state, or have been classified as a 1099 contractor instead of an employee, the exemption probably doesn't apply, and if you work more than 40 hours per week, you're owed time-and-a-half for every hour over 40, going back two, possibly three, years.
You're driving a truck, paid by the day or by the trip, working 60 plus hours a week, and being told there's no overtime. Your employer might also claim a motor carrier exemption applies to your job. Sometimes that's true. Often, it's not.
The motor carrier exemption only applies to vehicles over 10,000 pounds GVWR (Gross Vehicle Weight Rating) in interstate commerce. If your truck is lighter, if you're only doing local work, or if the vehicle's actual weight is below the threshold, you're owed overtime. And even if the exemption applies, some violations still create liability.
Who I Represent
- Owner-operator truck drivers
- Company drivers in straight trucks and semi trucks
- Dump truck operators and heavy equipment drivers
- Delivery and courier drivers
- Drivers paid by the day, mile, or trip
- Drivers of vehicles under 10,000 lbs GVWR
- Drivers doing primarily intrastate or local work
- Any driver paid a flat rate regardless of hours worked
Common Violations
Day rates and per-trip pay that ignore overtime. You're paid $150 a day or $300 per trip no matter whether you work 8 hours or 12 hours. That rate becomes your baseline to calculate your true hourly wage. You're owed time and a half for hours over 40 per week. A flat rate doesn't exempt you from overtime.
Motor carrier exemption misapplied. Your employer says "you're in interstate commerce so no overtime." Not necessarily. The exemption only applies to vehicles rated over 10,000 lbs GVWR. If you're driving a box truck, light-duty pickup, or any vehicle under that threshold, you're not exempt. And if you're mostly doing local or intrastate work, the exemption doesn't apply either.
Hours not counted. You spend 30 minutes at the loading dock waiting for cargo. Another 45 minutes at the drop-off. Thirty minutes fueling and conducting a pre-trip inspection. Your employer says those aren't paid hours. They're wrong. That's all work time and it counts toward your 40-hour threshold.
Misclassification of owner-operators. You bought your own truck and lease it to a carrier, but the company controls your schedule, dispatch, routes, and rates. You're not running your own business. You're misclassified as an owner when you should be treated as an employee.
How the Law Protects You
The FLSA requires time and a half for hours over 40 per week. The motor carrier exemption creates a narrow exception for certain vehicle classes and types of work. But the exemption is limited, and like all FLSA exemptions it must be applied narrowly with the burden on the employer (Encino Motorcars, LLC v. Navarro, 584 U.S. 79 (2018)).
The exemption applies only to motor vehicles with a GVWR over 10,000 pounds engaged in interstate commerce. "Interstate commerce" covers more than just crossing state lines — it includes intrastate driving that is part of a continuous interstate movement of goods. A driver who never leaves Texas can still be covered by the exemption if the cargo originates from or is destined for another state. Conversely, if you drive a pickup truck rated 9,800 lbs, you're not exempt regardless of the cargo. And even where the exemption applies, it exempts only the overtime rules, not other FLSA protections.
Even with the exemption, there are violations. If you're misclassified as an independent contractor, you're owed back wages. If you're not counted for hours spent on non-driving work (inspections, paperwork, vehicle maintenance), those hours count. If you're not paid for waiting time, detention, or delays, those can be violations.
And if your vehicle falls below the GVWR threshold, or if you're doing primarily local work, the exemption doesn't apply at all. You're owed overtime for every week you worked over 40 hours.
What Your Case Could Be Worth
Truck driver cases can be substantial because they involve long hours across years of employment.
Example: You drove a box truck at 8,000 lbs GVWR earning $25 per hour, working 55 hours a week for three years with no overtime pay. The unpaid overtime alone is roughly $39,000. Add liquidated damages (another 100 percent) and your case could be worth $100,000 or more. Cases with multiple drivers, higher pay, or longer histories scale significantly higher.
No Cost to You
I work on a contingency fee basis. You pay nothing upfront. If there is no recovery, you pay nothing at all, not even the costs. Zero financial risk.
Contact Me
30+ years employment law experience. 15+ years FLSA-only.
If you've been paid a flat rate without overtime, driven a vehicle under 10,000 lbs and told the motor carrier exemption applies, or weren't counted for waiting, fueling, or inspection time, call me. I'll ask about your truck, the work you did, and what you were paid. Then I'll tell you whether you have a case.
Call me at (512) 799-2048.
Related Reading
- Do Truck Drivers Get Overtime in Texas? — Whether the motor carrier exemption applies to your vehicle and routes, with examples of when it doesn't.
- Independent Contractor or Employee? How the FLSA Determines Your Status — How courts apply the economic reality test to owner-operators and contract drivers.
- 1099 Workers and Overtime: The 1099 Form Doesn't Determine Your Status — Why the contractor label on your paperwork doesn't settle whether you're owed overtime.
- Can Employers Average Hours Over Two Weeks to Avoid Paying Overtime? No. — Why the FLSA requires overtime calculated per workweek and why biweekly averaging is illegal.
- What Is a Collective Action and How Does It Work? — How FLSA section 216(b) collective actions work, who can opt in, and why they matter.