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https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/dot-pre-empts-california-meal-and-rest-break-laws-truck-drivers.aspx
As the secretary concluded, California can no longer enforce its meal period and rest break laws as to truck drivers regulated by the Department of Transportation's hours-of-service regulations. This is a huge victory for trucking companies operating in California,...
https://www.avvo.com/legal-guides/ugc/how-to-find-out-if-you-are-entitled-to-overtime-as-a-driver-in-california-
Jul 07, 2015 · The Last Hope for OvertimeEven if you are exempt from California overtime, you might still be entitled to overtime under the Fair Labor Standards Act (so long as you got passed steps 2-4 above), which provides for overtime pay for work performed beyond forty hours in a workweek.
https://www.forthepeople.com/blog/delivery-driver-overtime-rules/
Workers who may be legally exempt, and not entitled to overtime pay, could include drivers who are not independent contractors. If you’re a truck driver and you’re not an independent contractor, you may be bound by forced arbitration, which blocks you from taking your employer to court.
https://ntassoc.com/uploads/PressRelease/45330d3c933d41de8fc4e6d7d356fe82/Date_111212_Meal_and_Rest_Breaks___Drivers_Exemption.pdf
MEAL AND REST BREAKS – DRIVERS EXEMPTION. Countless lawsuits, many of them brought as class actions, have been filed against California employers claiming that employees have not been provided meal and rest breaks as required by the California Labor Code .File Size: 20KB
https://www.thefriedmannfirm.com/the-motor-carrier-act-exemption-are-truck-drivers-exempt-from-flsa-overtime-provisions/
Aug 04, 2016 · So if the Secretary of Transportation has the power to establish qualifications and maximum hours for the employer, chances are the truck drivers are exempt from overtime pay. The Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA) exempts only motor carrier employees who operate a “commercial motor vehicle.”
https://www.dol.gov/agencies/whd/fact-sheets/19-flsa-motor-carrier
(Revised November 2009) Section 13(b)(1) of the FLSA provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to Section 204 of the Motor Carrier Act of 1935, except those employees covered by the small vehicle exception described below.
https://www.overtime-flsa.com/truck-drivers-and-overtime/
However, this exemption can also apply to local truck drivers if what they are transporting is moving in interstate commerce. If the goods that are being transported by a local driver are part of an interstate shipment, the local driver will also be exempt under the Motor Carrier Act exemption and, therefore, will not be entitled to overtime pay.
https://www.employmentlawhandbook.com/federal-employment-and-labor-laws/flsa/overtime-exemptions/motor-carrier/
Performing exempt and non-exempt work. Employees who work as drivers, driver’s helpers, loaders, and mechanics do not need to perform safety-affecting tasks all the time to qualify for the exemption. In fact, such employees may still qualify for the exemption even though safety-affecting tasks make up only a small portion of the regular job duties.
https://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm
Drivers whose hours are regulated by the U.S Department of Transportation Code of Federal Regulation, Title 49, Sections 395.1 to 395.13, Hours of Service of Drivers Exempt from overtime provisions All Orders, except Orders 11, 12, 15, and 16
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