The Fair Labor Standards Act exempts employers from overtime pay requirements if they come under U.S. Department of Transportation hours-of-service rules. DOT only has jurisdiction over interstate carriers but it has never been clear when -- or if-- that jurisdiction extends to drivers who make intrastate as well as interstate runs.
Last year what was then the Office of Motor Carriers and Highway Safety issued a
memorandum to field offices which said DOT has jurisdiction over a driver for 4 months after a single interstate trip. After considering concerns raised by motor carriers and government agencies, FMCSA has issued the following guidelines:
* Any driver who begins a trip in interstate commerce must continue to meet federal
hours-of-service requirements through the end of the next 7 to 8 consecutive days,
depending on which rule the motor carrier operates under. This applies even if the driver operates exclusively in intrastate commerce for the remainder of the 60/70 hour maximum on-duty period. The driver must also comply with the 10- and 15-hour rules for the
remainder of that day and the following 7 or 8 days.
* A driver who begins a trip in interstate commerce must have in his/her possession copies of records of duty status for the previous 7 consecutive days unless they qualify for recordkeeping exemptions under 100-air mile radius rules. During that 7 day period prior to the interstate trip the driver may follow applicable state on-duty requirements.