Truck drivers work long, demanding hours to keep our economy moving. But when it comes to overtime pay, many drivers aren’t sure what they’re entitled to—and employers often take advantage of that confusion. Understanding your legal rights is the first step to making sure you’re paid what you’ve earned.
The Motor Carrier Exemption: A Common Barrier to Overtime Pay
Under the federal Fair Labor Standards Act (FLSA), many truck drivers are exempt from overtime pay because of what’s known as the “motor carrier exemption.” This exemption generally applies to drivers who:
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Operate vehicles weighing more than 10,000 pounds, and
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Haul goods across state lines or are otherwise involved in interstate commerce.
Because of this exemption, these long-haul or interstate drivers often do not qualify for overtime pay under federal law—even when they work well over 40 hours per week.
Short-Haul Drivers May Be Eligible for Overtime
However, not all drivers fall under the motor carrier exemption. If you are a short-haul driver—for example, if you operate a smaller vehicle or only drive within a single state—you may be entitled to overtime pay under the FLSA.
I previously wrote in detail about this issue here:
👉 Short-Haul Truck Drivers: Are You Owed Overtime Pay?
Don’t assume you’re not eligible just because you’re in the trucking industry. The specific facts of your job—such as the type of vehicle you drive, where you operate, and how often—can make all the difference.
State Overtime Laws May Offer Extra Protection
Even if you’re exempt under federal law, you may still qualify for overtime under state laws. Some states have stricter labor protections that override federal exemptions. If you regularly work more than 40 hours per week within one of the following states, you may be able to sue for unpaid overtime:
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California
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Colorado
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New York
- Washington
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New Mexico
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Massachusetts
Each of these states has enacted laws that may protect truck drivers’ rights to overtime pay—even in cases where federal law would deny it.
Protect Your Rights—Talk to an Experienced Trucking Overtime Attorney
If you’re a truck driver and think you may have been denied overtime pay, don’t wait. You may only have a limited time to take legal action.
📞 Call us today at 817.908.9861 to speak with experienced truck driver overtime pay lawyers. Or email me at josh@dfwcounsel.com. We understand the unique issues facing drivers and know how to fight for the wages you’re owed. We work on a contingency fee basis, which means you pay us nothing unless we win your case.
