How Overtime is Calculated for Freight Drivers

Overtime pay for truck drivers isn't always straightforward. Federal exemptions, state laws, and company policies all play a role in how your overtime is calculated. Understanding these rules helps you verify your paycheck and maximize your earnings.

The FLSA Motor Carrier Exemption

Here's what many freight drivers don't know: under the Fair Labor Standards Act (FLSA), certain motor carrier employees are exempt from federal overtime requirements. This is known as the Section 13(b)(1) exemption.

This exemption applies to drivers, driver's helpers, loaders, and mechanics employed by a motor carrier whose work affects the safety of operation of vehicles in interstate or foreign commerce with a gross vehicle weight rating (GVWR) of over 10,001 pounds.

When You DO Get Overtime

Even with the federal exemption, you may still receive overtime because:

• Company policy — Many LTL carriers pay OT after 40 hours as a competitive benefit
• Union contracts — Collective bargaining agreements often include OT provisions
• State laws — Some states have their own overtime laws that override the federal exemption

Weekly vs. Daily Overtime

Most freight drivers are paid weekly overtime — meaning OT kicks in after 40 hours in a 7-day workweek. However, some states and contracts use daily overtime:

• Weekly OT (most common): 1.5x rate for hours over 40/week
• Daily OT (some states/contracts): 1.5x rate for hours over 8/day, or 2x for hours over 12/day
• California: Has unique daily overtime rules, but motor carrier exemption may apply

Mileage Pay and Overtime

If you're paid by the mile (common for linehaul/road drivers), overtime gets more complex:

• Some carriers calculate an effective hourly rate from your mileage earnings, then pay OT based on that rate
• Others pay a separate hourly rate for non-driving duties (fueling, pre/post-trip) and OT on those hours
• Some use a blended rate that combines mileage and hourly earnings for OT calculation

Tips to Maximize Your Earnings

1. Know your company's OT policy — Read your employee handbook or union contract
2. Track all your hours — Including pre-trip, post-trip, fueling, and wait times
3. Don't work off the clock — All work time should be recorded and compensated
4. Understand your state's laws — Your state may provide more protection than federal law
5. Check your stub weekly — Catch errors early before they compound