Keep On Trucking - Past California Overtime?

Los Angeles, CA Christopher just wants an answer to one question regarding California overtime law, but nobody seems to know whether commercial truck drivers are entitled to overtime after 12 hours.

Christopher believes, as evidenced by many people and even some attorneys online, that it boils down to that old adage - too many cooks spoil the broth. “Overtime for commercial drivers is regulated by the US Department of Transportation and the Federal Motor Carrier Safety Administration,” Christopher says, “and they dictate how long we can drive, including breaks and overtime. Add to the fray our employer’s rules and regulations and California labor law, because it seems like a lot depends upon individual and state contracts and it gets complicated.”

California labor law attorneys seem to agree on the fact that there is no definable answer to Christopher’s overtime question - and that the overtime laws for truckers can be complex, mainly because the Department of Transportation and the Department of Labor overlap and have different regulations. And Christopher doesn’t even know if he is exempt from overtime. Most truckers are paid by the mile, whereas Christopher is paid by the hour. Some commercial drivers are classified as independent contractors and others salaried. It gets complicated.

Christopher says he talked to his HR rep and she told him that no one gets paid overtime, even though some of the other drivers in the company drive out of state. Currently, Christopher drives only interstate, i.e., in California only (If you drive in “interstate commerce,” you are not entitled to overtime. If you do not, you can claim overtime pay), but Christopher says he is slated to drive out of state soon, adding another reason why he is entitled to overtime compensation.

Christopher’s truck is licensed at 45,000 lbs and he hauls mattresses for the factory that makes them. “I have been working here for 15 months and so far I have probably chalked up 200 hours of overtime,” he says. “I always work 10-12-hour days, and once or twice a week I drive about 14 hours a day.

“A typical day starts around 4 am when I arrive at the factory and pick up the 18-wheel truck. My first stop is anywhere from three to more than six hours away, and that is when I take my first break. All six of us drivers do this every day. Next up, it is a matter of where the next stop takes me. It can be anywhere from one hour or four hours away, and we have an average of eight or nine stops a day.”

When it comes to meal breaks, Christopher may have a claim. While truck driver exemptions apply to California labor law, they do not apply to California meal breaks, so truck drivers are usually entitled to a 30-minute meal break. As of April 2012, the California Supreme Court decided that employers are required to provide employees “off-duty” meal breaks. This section of the law applies to Christopher:

No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, §11040.

“I sometimes take lunch on the side of the road. I usually get something to go and eat lunch while I’m driving - multi-tasking saves me time - it means I will get home 30 minutes earlier. I get home exhausted. I’m 45 years old and this is affecting my health.

“I e-mailed the California labor board several months ago and never got a reply. I am frustrated - all I want is an answer besides that my question is complex, a gray area, yadda yadda. Why can’t we get an answer? I would appreciate anything at this point.”