Evaluating FLSA Cases: Why Drivers May Not Have an FLSA Claim

The Fair Labor Standards Act (FLSA) provides millions of American workers with a guarantee of minimum wage compensation and overtime pay. However, evaluating a potential claim can be tricky when a potential client falls under the authority of Section 204 of the Motor Carrier Act of 1935. In cases where a potential client's qualifications and maximum hours are established by the Secretary of Transportation, the potential client does not receive the protections and benefits provided under the FLSA. Those who transport, drive, assist drivers, and / or perform activities on a motor vehicle used on public highways in interstate commerce, likely fall within the Motor Carrier Exemption.

A more thorough analysis of the Motor Carrier Exemption has been provided by the U.S. Department of Labor Wage and Hour Division. If the operation or performance of duties are on a motor vehicle weighing 10,000 pounds or less, you may still have a claim to overtime pay for hours worked in excess of forty (40) in a workweek.

If you are interested in finding out if you are entitled to overtime pay, contact one of our experienced Dallas overtime lawyers today for a free legal consultation. At Jackson Allen & Williams, LLP, we have more than 6 decades of professional experience to our name, during which time we've successfully represented countless cases involving wage and hour disputes. We are prepared to assist you with your case as well. Do not hesitate to contact us at (214) 984-3382 for a free and confidential consultation. We can also be reached online by clicking here.

Categories: Overtime