Are truck drivers exempt or non-exempt?

Are truck drivers exempt or non-exempt?

Under California law, most truck drivers are exempt from overtime. For example, truckers who drive trucks weighing over 26,001 pounds are exempt from overtime law. If a truck weighs between 10,000- 26,001 pounds, the trucker is exempt from overtime if he or she is involved in interstate commerce.

What is a DOT exemption?

The FMCSA provides exemption programs for drivers who cannot meet the requirements for Diabetes, Vision, Physical Impairments, or Hearing.

Why are truck drivers exempt from overtime?

Because more and more truck drivers are classified as independent contractors, fewer and fewer are entitled to overtime. Additionally, even if a commercial truck driver is an employee, they may not be eligible for overtime pay. The Fair Labor Standards Act is the law that guarantees overtime pay to many workers.

How do I know if I’m exempt or nonexempt?

An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These “salaried” employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.

What qualifies an employee as exempt?

An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.

What is an exempt motor carrier?

Exempt Motor Carrier — a “for-hire” motor carrier that is exempt from economic regulation because of commodities being hauled (e.g., ordinary livestock, agricultural commodities).

Are California truck drivers exempt overtime?

Employees who drive a truck that has a gross weight rating of 10,000-26,000 pounds are exempt from overtime under California law if the driver is engaged in interstate commerce. Employees who drive a farm labor vehicle or are transporting hazardous waste are exempt from overtime under California law.

What are exempt carriers?

: a transport agency specializing in services (such as taxi service) or commodities (such as farm products or bulk cargo) exempt from regulation by the Interstate Commerce Act.

How do trucking companies get away without paying overtime?

For someone in trucking to be exempt from overtime, three factors must be present: Their employer is a “motor carrier” according to DoT regulations. Their regular job duties affect the safety of a motor vehicle used on public highways in interstate and foreign commerce.

Can you be salaried Without exempt?

The designation of an employee as “salaried, nonexempt” means that the employer has designated an employee as nonexempt from the federal Fair Labor Standards Act (FLSA), and chooses to pay a weekly salary that equates to at least minimum wage for all hours worked.

What do you need to get a motor carrier permit in California?

Yes, all motor carriers are required to provide proof of compliance with California’s Workers’ Compensation laws. Submit one of the following or certify on the Application for Motor Carrier Permit (MC 706 M) that you are not subject to California workers’ compensation laws: A Certificate of Insurance (MC 65 M).

When does a motor carrier permit expire in California?

An MCP term is the 12-month period beginning on the first day of the month of the initial application and expiring on the last day of the 12th month. The MCP will not be issued until all requirements are met.

Do you have to have workers’compensation insurance for a motor carrier?

Yes, a motor carrier who employs only family members is required to provide workers’ compensation insurance. For additional information regarding workers’ compensation requirements and laws, go to Department of Industrial Relations or call them at 1-800-736-7401. How are MCP fees and penalties determined?

How to obtain a carrier identification number ( ca # )?

How do I obtain a Carrier Identification number (CA#)? The CA# is issued exclusively by the California Highway Patrol (CHP) to identify motor carriers and is used as the MCP number. CA# applicants must complete a Motor Carrier Profile (CHP 362) and mail, fax, or deliver it in-person to their closest CHP Motor Carrier Safety Unit.