Truck Driver Overtime Pay: FLSA Motor Carrier Exemption (2026)

Do Truck Drivers Get Overtime Pay?

Most over-the-road truck drivers are exempt from federal overtime under the Motor Carrier Act (MCA) exemption of the FLSA in 2026. But the exemption is narrower than most carriers claim — and several categories of drivers are fully entitled to time and a half.

The Motor Carrier Act Exemption

A driver is exempt from FLSA overtime only if all three conditions are met:

• . The employer is a motor carrier or motor private carrier subject to DOT jurisdiction.
• . The driver's job affects the safety of operation of commercial motor vehicles in interstate commerce.
• . The driver operates a vehicle weighing more than 10,000 lbs GVWR, or transports hazardous materials, or carries 9+ passengers.

If any condition fails, the driver gets overtime.

Truck Drivers Who DO Get Overtime

1. Drivers of Small Vehicles (≤10,000 lbs GVWR)

Under the Small Vehicle Exception (SAFETEA-LU 2008), drivers operating vehicles 10,000 lbs or less must be paid overtime — even if their employer is a DOT-regulated carrier. This covers many Sprinter and cargo van drivers, last-mile Amazon DSP drivers, local courier and parcel drivers, and box truck drivers under the weight threshold.

2. Purely Intrastate Drivers

If you drive only within one state and your freight never crosses state lines (and isn't part of an interstate shipment), the MCA exemption usually does not apply. Several states then require state-law overtime, including California (daily and weekly OT for intrastate drivers) and Washington, Oregon, Colorado, and Nevada.

3. Drivers Working as Loaders, Helpers, or Mechanics

If you spend most of your workweek on non-driving duties (loading, dispatch, mechanic work), you may fall outside the MCA exemption.

4. Owner-Operators Misclassified as Independent Contractors

Many "1099 owner-operators" are actually employees under the economic realities test. If you lease your truck from the carrier, are required to haul only their loads, wear company uniforms and decals, and follow company dispatch, you may be entitled to back overtime under both federal and state law.

State Overtime Rules for Drivers (2026)

| State | Rule for Intrastate Drivers |

|---|---|

| California | 1.5× after 8 hrs/day or 40 hrs/wk; 2× after 12 hrs/day |

| Alaska | 1.5× after 8 hrs/day or 40 hrs/wk |

| Colorado | 1.5× after 12 hrs/day or 40 hrs/wk |

| Nevada | 1.5× after 8 hrs/day (low-wage workers) |

| Washington | 1.5× after 40 hrs/wk for most intrastate drivers |

Calculating a Truck Driver's Overtime Pay

A local box-truck driver in Texas earns $22/hour and works 52 hours in one week. The truck is 9,500 lbs GVWR (under the 10,000 lb threshold), so the Small Vehicle Exception applies.

| Component | Calculation | Amount |

|---|---|---|

| Regular pay | 40 × $22 | $880.00 |

| Overtime pay | 12 × ($22 × 1.5) | $396.00 |

| Total weekly pay | | $1,276.00 |

Use our Overtime Pay Calculator to run your own numbers.

Common Overtime Violations in Trucking

• Paying drivers a flat day rate without checking that it covers overtime
• Misclassifying drivers of small vehicles as MCA-exempt
• Treating detention time and pre-trip inspections as unpaid
• Calling employees "independent contractors" when they're functionally employees
• Failing to pay California intrastate drivers daily overtime

How to File a Trucking Wage Claim

• Federal: U.S. Department of Labor Wage and Hour Division — 1-866-487-9243
• California intrastate: Division of Labor Standards Enforcement (DLSE)
• Class action: Trucking misclassification cases often qualify for collective action under the FLSA

Frequently Asked Questions

Are truck drivers entitled to overtime pay?

It depends. OTR interstate drivers in vehicles over 10,000 lbs are usually exempt. Small-vehicle, intrastate, and misclassified drivers usually are entitled.

Do CDL drivers get overtime?

Holding a CDL does not automatically exempt you. The Motor Carrier Act test focuses on vehicle weight and interstate commerce, not the license.

Are Amazon DSP drivers entitled to overtime?

Yes. Most DSP vans are under 10,000 lbs GVWR, so the Small Vehicle Exception applies and drivers get federal overtime.

Do California truck drivers get daily overtime?

Yes for intrastate drivers — California requires 1.5× after 8 hours and 2× after 12 hours per day. Interstate drivers remain MCA-exempt.