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 do 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
What are the most common truck driver overtime 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 does the law protect you?
Federal law requires time and a half for hours over 40 per week. The motor carrier exemption applies only to certain vehicle classes and types of work. The employer has the burden of proving the exemption applies to the worker.
The exemption applies only to motor vehicles with a GVWR over 10,000 pounds engaged in interstate commerce. "Interstate commerce" means crossing state lines. If you're driving a pickup truck marked 9,800 lbs, you're not exempt. If you're delivering packages locally within Texas, you're not exempt. If you're exempt, the motor carrier exemption only exempts the overtime rules, not other federal wage 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 could your case 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 attorney's fees, and your case could be worth $100,000 or more. Cases with multiple drivers, higher pay, or longer histories scale significantly higher.
What does it cost to bring a case?
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.
Contact Me
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.