Technical Amendments to SAFETEA-LU Reaffirm Overtime Protection for Light Weight Truck Drivers

In June 2008, Congress changed the law to make sure that certain workers who help with trucks and other vehicles can get overtime pay. This change applied to the time between 2005 and June 2008. When Congress passed the Fair Labor Standards Act (FLSA) in 1938, its main goal was to protect workers from low wages and long hours. The FLSA requires employers to pay overtime to employees who work more than 40 hours a week. However, the law does not apply to certain workers regulated by the Secretary of Transportation under the Motor Carrier Act (MCA). This exemption was based on the expectation that the Secretary of Transportation would set rules for these workers’ hours. But in the 73 years since the MCA was enacted, the Secretary has never made these rules for light weight motor private carriers. Instead, the focus has been on safety regulations for larger commercial vehicles. Before a certain law was passed in 2005, workers in the transportation industry who worked with small vehicles were not protected by overtime laws. This meant they could work long hours without getting paid extra. Even workers who only had a small involvement in transportation, like computer technicians, were affected. But in 2005, a new law changed this and gave these workers the same protections as other workers. The SAFETEA-LU law was made to let certain vehicles pass through U.S. borders without safety inspections. It changed the rules for motor carriers, making it so they didn’t have to register with the Secretary of Transportation, unless they were also subject to safety regulations. It defined a commercial motor vehicle as any vehicle used to transport passengers or property in interstate commerce, as long as it met certain weight or passenger requirements. When Congress added the word “commercial” to the rules for motor carriers, it made it so that more workers would be protected by the law. This means that people who drive smaller vehicles, not just big trucks, would have limits on how many hours they can work. This change was praised by people who care about workers’ rights, because it helps keep everyone safer on the roads. After the SAFETEA-LU became law, transportation companies didn’t want to pay their employees for working overtime. They tried to get Congress to change the law or delay it, but the Department of Transportation and other groups said the law was important for keeping drivers safe. In the end, the attempt to change the law didn’t work. The SAFETEA-LU Technical Corrections Act of 2008 amended the Motor Carrier Act by changing the definition of “motor vehicle” to include vehicles under 10,000 lbs. This means that employees involved in transportation using light weight vehicles are now covered by certain labor laws, and there is a one-year grace period for employers who were unaware of the changes. The SAFETEA-LU TCA confirms that the overtime requirements of the FLSA apply to certain employees who work with smaller vehicles, like drivers and mechanics. However, employers who didn’t know about these requirements before August 2005 may not be held liable for violations during the first year. The law doesn’t change the rules for these employees before 2005, but it does confirm the overtime coverage since then. In simple terms, the SAFETEA-LU TCA, which is a transportation law, has some dates where it goes into effect. Some parts of the law go into effect on June 8, 2008, and others on August 10, 2005. There are also specific sections that make changes to other laws, and those changes also have specific effective dates. For example, one section changes the rules about overtime pay for certain transportation workers, and it goes into effect on June 6, 2008. Overall, these dates determine when the different parts of the law start being used. Section 306 of the SAFETEA-LU TCA gives a one-year grace period for employers to adapt to new overtime payment rules for certain employees. After that, there are no excuses for not following the rules. Some employers think that a different part of the law means they don’t have to follow the new rules, but that’s not true. The new rules are in effect and they need to be followed. There’s a debate about when a law should start applying. One side says it should apply from a specific date in the past, while the other side says it should only apply from a later date. The first side says that if the law applies from the earlier date, then another related law becomes pointless. The second side argues that the first law only applies to people who have already been found guilty, but the wording of the law says otherwise. The enactment of the SAFETEA-LU TCA in 2005 made it clear that transportation employees who work with vehicles weighing 10,000 lbs. or less are entitled to overtime pay under federal law. This law provides relief to employers who were caught off guard by this change and ensures that these employees are protected under the Fair Labor Standards Act. Overall, the SAFETEA-LU TCA reaffirms the rights of transportation employees and their entitlement to fair compensation for their work. Some court cases have found that the Motor Carrier Act exemption does not apply to employees who drive vehicles weighing less than 10,001 lbs. The National Employment Lawyers Association represents employees in labor and employment disputes, and has experience with the hardship this exemption can cause. A bill called SAFETEA-LU Technical Corrections Act of 2008 made changes to transportation laws, including the Motor Carrier Act exemption. This act authorized funds for highways, highway safety programs, transit programs, and other purposes. Employees who work with certain types of vehicles are not considered “covered employees” under the law. Employers have the burden of proving they didn’t know about violations of the Fair Labor Standards Act. Some specific sections of a transportation law have exceptions and dates of enactment. These legal definitions have been in place for a long time and have been referenced in court cases. The law regarding the motor carrier exemption is being clarified by Congress. The Supreme Court has made important decisions about how laws apply in certain situations. Marguerite M. Longoria and Sam J. Smith work at a law firm called Burr & Smith, L.L.P. Ms. Longoria is certified by The Florida Bar as a specialist in labor and employment law, focusing on the Fair Labor Standards Act. Mr. Smith is also an expert in this area and is involved in various professional organizations related to labor and employment law. This column was written on behalf of the Labor and Employment Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/technical-amendments-to-safetea-lu-reaffirm-overtime-protection-for-light-weight-truck-drivers/