Truckers, Know Your Rights: Overtime & the Motor Carrier Act

Truckers who cross state lines or who transport goods that cross state lines may have no right to overtime pay under federal law and some state laws. This is due to the overtime exemption for those also covered by the U.S. Motor Carrier Act. FLSA, 29 U.S.C. § 213(b)(1). The Motor Carrier Act (“MCA”) has its origins in the 1930s, when it and the Fair Labor Standards Act (“FLSA”) both were passed. Congress at the time feared that the Department of Labor, which oversees many employment issues and overtime and minimum wage rights, might interfere with the Department of Transportation’s management of motor carriers crossing from state to state. As a result, Congress exempted motor carriers from FLSA overtime rights. Rogers v. Sav. First Mortg., LLC, 362 F. Supp. 2d 624, 633-34 (D. Md. 2005). Being exempt means that you have no federal right to overtime pay. While the Motor Carrier Act (“MCA”) analysis can get complicated, here are some simple facts.

• A driver only is subject to the MCA exemption from federal overtime rights if he or she drives a vehicle weighing 10,001 pounds or more. See, e.g., Hernandez v. Alpine Logistics, LLC, 2011 U.S. Dist. LEXIS 96708, at *9-12 (D. N.Y. Aug. 29, 2011).
• Second, what constitutes “interstate commerce” invoking the MCA is complicated.  Goods if traveling in the “continuous stream of commerce” qualify as interstate commerce invoking the MCA, but not if, for instance, the final destination is not intended from the ‘get-go’, meaning by the first shipper before the goods first head out. Buckner v. UPS, 2012 U.S. Dist. LEXIS 63711, at 16-17 (D N.C. May 7, 2012); Walling v. Jacksonville Paper Co., 317 U.S. 564, 569-70 (1943).
• Third, a driver may fall within the MCA even if the driver does very little interstate driving and completes mostly local routes. Brennan v. Schwerman Trucking Co., 540 F.2d 1200, 1203 (4th Cir. 1976) (covering Maryland, Virginia, and the Carolinas); Pyramid Motor Freight Corp. v. Ispass, 330 U.S. 695, 707-09 (1947).

Truckers and others who work to ensure truck safety directly on motor carrier vehicles may be entitled to overtime wages under state law, regardless of the federal MCA exemption. In the District of Columbia, for instance, the law requires overtime pay regardless of the Motor Carrier Act. D.C. Minimum Wage Act § 32-1004 (2014). D.C. law generally applies to those who spend above 50% of their working time in D.C. Id. § 32-1003. In contrast, Maryland law follows the federal exemption. Md. Code Ann. Lab. & Employ. § 3-415(c)(1) (2014). If you’re a driver, and have been told you lack a right to overtime pay because of the Motor Carrier Act or “interstate commerce,” but don’t believe it. . . .   Well, seek legal advice. Consult with experienced attorneys who represent employees regularly, like us here at Lebau & Neuworth, LLC.