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    • Where such evidence is developed with regard to employees, or where the employee actually has driven in interstate commerce, the Secretary of Transportation will assert jurisdiction over those employees for a four-month period beginning with the date they could have been called upon to, or actually did, engage in the carrier’s interstate activities. Thus, such employees would be exempt under section 13(b)(1) for the same four-month period, notwithstanding references to the contrary in 29 C.F.R. § 782.2.

  • 3.

    Commercial Vehicles

  • Vehicles with a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; or

  • Vehicles designed or used to transport more than 8 passengers (including the driver) for compensation; or

  • Vehicles designed or used to transport more than 15 passengers, including the driver, and not used to transport passengers for compensation; or

  • Vehicles used in transporting hazardous material, requiring placarding under regulations prescribed by the Secretary of Transportation.

Typical Problems

The section 13(b)(1) overtime exemption does not apply to employees not engaged in “safety affecting activities”, such as dispatchers, office personnel, those who unload vehicles, or those who load but are not responsible for the proper loading of the vehicle. Only drivers, drivers’ helpers, loaders who are responsible for proper loading, and mechanics working directly on the above-named motor vehicles that are to be used in transportation of passengers or property in interstate commerce can be exempt from the overtime provisions of the FLSA under section 13(b)(1).

The section 13(b)(1) overtime exemption does not apply to employees of non-carriers such as commercial garages, firms engaged in the business of maintaining and repairing motor vehicles owned and operated by carriers, or firms engaged in the leasing and renting of motor vehicles to carriers.

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us

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