The motor carrier exemption under the FLSA exempts from overtime those employees for whom the Secretary of Transportation has power to establish qualifications and maximum hours of service.  The employees must be: (1) employed by carriers whose transportation of passengers or property by motor vehicle is subject to the Secretary’s jurisdiction under the Motor Carrier

SemiTruckWhen analyzing the so-called motor carrier exemption under the Fair Labor Standards Act, 29 USC 213(b)(1), controversies often arise as to whether the drivers are involved in “interstate commerce.” This is because, as a rule, the safety sensitive nature of the driver’s job and the fact that the employer-defendant is a “motor carrier” are often

There have been many cases in which trucking companies have classified drivers as independent contractors, because this is common within the industry.  However, as these cases have shown, if the relationship is not established according to the legal principles applicable to them, and if, most importantly, the drivers are not in their own independent business,