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Motor Carrier Employee
The FLSA provides an exemption from the overtime pay
requirements, but not the minimum wage requirements, for employees of motor
carriers under certain conditions.
Rules
-
Employee must perform, in the ordinary course of
his job, work which affects the safety or operation of the motor vehicle.
- The amount of safety related activities
performed in a given week is irrelevant so long as such work falls within the
continuing duties of the job in all work weeks
Definitions
-
The “motor carrier” must meet the following
requirements to avoid paying overtime:
Either
the business is:
-
A
private carrier that hauls property; or
-
A
contract carrier who hauls property or passengers but only if;
- your work affects the safety of the operation;
and,
- you travel across state lines or connect with an
intrastate terminal (rail, air, water, or land) during your travel
- Qualified Employees include:
- a
driver
- a
driver’s helper
- a
loader
- a
mechanic
There are other complicated matters that are dealt with by
the Department of Transportation regarding motor carriers. Check with an
attorney knowledgeable and experienced in this area.
Automobile Dealership Employee
Automobile dealers sell new or used automobiles and
trucks. Employees may or may not be
covered depending on two factors. If you
fall into one of the categories below then you are covered by the FLSA and your
employer is required to pay minimum wage and overtime:
-
If your employer receives at least $500,000 per
year in total sales, OR
- If your work regularly involves business between
states, even if your employer's annual sales are less than $500,000.
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