Truck Drivers

Labor Lawyers for Truck Drivers

The Motor Carrier Act gives the Secretary of Transportation the authority to regulate the maximum hours of work for employees in the motor carrier industry, which means truck drivers, truck loaders and trucking mechanics may not be protected by California overtime laws in certain circumstances. This exemption from state overtime laws, however, only applies to trucking industry employees who are directly accountable for driving, loading and performing mechanical labor on motor vehicles that weigh over 10,001 pounds.


In order for a truck driver or other motor carrier employee to be excluded from the protections of state overtime laws, the trucking company has the burden of proving that all of the following elements are satisfied:

  •  The motor industry worker must be employed by a common carrier by motor vehicle

  • The trucking industry worker must be engaged in interstate commerce

  •  The trucking employee’s activities must directly impact the safety of motor vehicles

  •  The trucking employee must work on vehicles that weigh 10,000 pounds or more

Whether or not the motor carrier overtime rule applies to specific truck drivers, truck loaders and motor vehicle mechanics depends on the precise nature of the trucking company’s business and on the particular type of work that the trucking industry employees are performing for the trucking company. At Blumenthal, Nordrehaug & Bhowmik, our employment law lawyers offer truck drivers, loaders and motor carrier mechanics free legal advice about whether they are entitled to overtime pay under California labor laws.


Our employment law attorneys are prepared to help employees in the trucking and motor carrier industry that are not paid overtime compensation and other benefits under California wage and hour laws and the Fair Labor Standards Act. Although certain motor carrier employees are not covered by California wage orders and state overtime laws because they fall under the motor carrier exemption, an investigation of trucking and transportation companies often reveals that the overtime exemption does not apply to trucking employees because the motor carrier workers are not involved in “safety affecting activities.” If you are not paid overtime and you are working for a truck company as a dispatcher, administrative employee or are responsible for unloading trucks, contact our employment law lawyers for a free consultation about your overtime pay rights.

Blumenthal, Nordrehaug & Bhowmik knows how to maximize the recovery of employees in the trucking industry when motor carrier companies violate the state labor laws which govern wages and hours for employees. Not only do our employment law lawyers have significant experience helping trucking industry employees recover unpaid overtime compensation, but our law firm also can give truck drivers and trucking workers free legal advice about whether there is a viable lawsuit for on-call waiting time compensation. On call pay may be compensable if the truck industry employees spend time standing by waiting for the trucking company’s benefit. Employees in the trucking industry may be entitled to recover compensation for all of the time they spend standing by waiting on-call if the motor carrier employees are not free to engage in personal activities.