The Motor Carrier Act (“MCA”) exemption to the FLSA’s overtime pay requirement prevents many truck drivers from receiving time-and-one-half overtime pay when they work over 40 hours in a workweek. But the MCA exemption is not absolute. For example, in a case handled by our law firm, a federal court in Philadelphia explained that, due to a complicated series of legislative amendments, drivers are entitled to overtime pay for workweeks arising after June 2008 if their job duties included, in part, driving vehicles with a gross vehicle weight of under 10,000 pounds. See Mayan v. Rydbom Express, Inc., 2009 U.S. Dist. LEXIS 90525 (E.D. Pa. Sept. 30, 2009). Based on the above, package delivery drivers who always or sometimes drive vans or pick-up trucks are entitled to overtime pay. Be on the lookout for violations of this glitch in the FLSA. Our firm would be delighted to consult with any of your package delivery clients who have been denied overtime pay.
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