If you drive a truck in interstate commerce most likely your employer does not pay you overtime. This is because the Motor Carrier Act provides an exemption from the overtime requirements of the FLSA. If, however, you drive a truck weighing 10,000 pounds or less the exemption does not apply and you are entitled to be paid overtime during any week you drive the “small truck.”
Motor Carrier Act
Our law office received the first summary judgment in Texas ruling that employees driving a small truck are entitled to overtime. The ruling was important because it helped other judges rule in favor or employees in other cases. You can read the ruling here. Order Granting Summary Judgment
The Court stated: “Consequently, the Court concludes that the TCA applies to Trinity’s drivers, thus making the MCA exemption inapplicable to them whenever they work over forty hours per week driving, at least in part, a vehicle weighting 10,000 pounds or less. As a result, Plaintiffs are entitled to summary judgment on Defendants’ MCA-exemption defense to the extent that Plaintiffs worked in excess of forty hours and drove vehicles weighing 10,000 pounds or less.”
This was a complete victory for my clients and our law firm. The judge made the first ruling in Texas awarding overtime to truck drivers in spite of the Motor Carrier Act exemption. This case can be sued by other drivers as evidence that they are entitled to overtime when they drive a truck weighing 10,000 pounds or less. This is very helpful in Texas cases and cases around the country. Many judges follow the lead of other courts and this decision will help all drivers.
If you are not being paid overtime and you drive a truck, contact our office to determine if the small truck ruling applies to you. You may be entitled to overtime.