Uncertainty regarding overtime for California truck drivers
Employee time can be hard to track in the commercial trucking industry, and there seems to be uncertainty regarding whether drivers are entitled to receive overtime in California, according to Lawyers and Settlements.
The Department of Transportation and the Department of Labor overlap but have different regulations. Measuring trucking overtime is complicated because most drivers are paid by the mile, though others are paid by the hour. Some commercial truckers are considered independent contractors and others are salaried, leading to complex rules surrounding overtime pay. California regulations are further complicated by different overtime regulations for interstate drivers and those who stay within the state, the source said. Truckers who drive between states can claim overtime and those who stay in California cannot.
It can be challenging to monitor commercial drivers' time and attendance because they often work irregular hours, and scheduled meal breaks could be missed based on the distance between deliveries. California law has some truck driver exemptions built in, the source said. Companies may need to evaluate their policies and ensure their overtime regulations are compliant with state laws.
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