Legal Question in Employment Law in Pennsylvania

I am a commercial truck driver in Pennsylvania who does daily inter-state driving. My comapny has decided to put us on a salary this season. We are being paid 60 hours at straigt pay. That seems incorrect to the drivers as anything over 40 hrs should be at time-and-a half.. In addition, if we finish our runs in less than 12 hours a day or 60 hours weekly, the company is now saying we "owe" them hours if we run under the 60 weekly hours. How can we be salaried, yet "owe" hours?


Asked on 5/02/14, 8:43 am

1 Answer from Attorneys
Glenn Brown Real World Law, P.C.

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.

Thus, the 13(b)(1) overtime exemption applies to employees who are:

Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section 13102 (see Employer below);

Drivers, driver�s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce (see Employee Duties below); and

Not covered by the small vehicle exception (see Small Vehicle Exception below).

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Answered on 5/02/14, 9:43 am


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