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How is my overtime eligibility affected under the Federal Motor Carrier Act?

It is often difficult to determine if you are eligible for truck driver overtime pay in Houston under the Fair Labor Standards Act, or FLSA. Many truckers believe that they are entitled to overtime compensation since the FLSA states that is protects any employee working for a company that does the following:

• Engage in interstate commerce
• Produce goods for interstate commerce
• Handle, sell, or work on goods or materials that have been moved in or produced for interstate commerce

Under these guidelines, one would think that many truckers are covered. This is not always the case.

The Motor Carrier Exception prevents certain truckers from collecting overtime pay under the following circumstances:

• The employee's hours of service and qualifications are subject to regulation by the Secretary of Transportation
• The employee's activities affect the safety of operation of interstate motor vehicles

These circumstances apply to the drivers, the driver's helpers, the mechanics who repair and the loaders of vehicles under these regulations.

Another important issue is the fact that the exemption may be based on the actual scope of a driver's duties, and not the title that the driver holds.

Sound confusing? It can be. But it is worth taking a look at your exception status, especially if it means that you are entitled to overtime pay that you were not previously collecting.

By ordering your free copy of the Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim, you can better determine your overtime eligibility as a trucker in Houston. Or call 888.449.2068 to explain your situation to an experienced Houston, Texas overtime wage lawyer at Kennedy Hodges, LLP for an answer right away.