A plain-English guide | Reams Law | November 2026

Many truck drivers are told that drivers never get overtime. That is only half true. Federal law does exempt many commercial drivers from overtime — but the exemption has limits, and thousands of drivers, helpers, and oilfield haulers fall outside it. If you drive a pickup, a van, or another light vehicle, or you never leave Oklahoma, truck driver overtime may be owed to you.

The rule and the exemption

The Fair Labor Standards Act (FLSA) requires time and a half for hours over 40 in a workweek. The Motor Carrier Act exemption (29 U.S.C. § 213(b)(1)) removes that requirement for drivers, driver’s helpers, loaders, and mechanics whose work affects the safety of motor vehicles moving in interstate commerce and who are subject to the Department of Transportation’s authority.

The employer has the burden of proving the exemption applies. In these common situations, it may not.

1. The small vehicle exception

Congress carved out an exception in 2008: employees whose work, in whole or in part, involves vehicles with a gross vehicle weight rating of 10,000 pounds or less are generally entitled to overtime, even if they work for a motor carrier. That covers many:

• Hotshot and pickup-truck drivers;
• Delivery van and sprinter drivers;
• Oilfield workers who drive company pickups between well sites;
• Drivers in mixed fleets who split time between heavy trucks and light vehicles.

In many courts, a workweek in which you perform meaningful work on a light vehicle is a workweek in which overtime is owed.

2. Purely intrastate work

The exemption depends on interstate commerce. Drivers who haul only within Oklahoma — for example, moving water, sand, or equipment between in-state locations — may not be covered by it. This is a fact-heavy question, because goods on a continuous journey from out of state can make an in-state leg “interstate.” But employers often assume the exemption applies without ever analyzing it.

3. Misclassified “independent contractors”

Some carriers label drivers as owner-operators or 1099 contractors to avoid overtime, payroll taxes, and benefits. If the company controls your loads, routes, schedule, and rates, and you work for it exclusively, you may legally be an employee.

4. Unpaid non-driving time

Even where overtime is not owed, the FLSA still requires at least the minimum wage for all hours worked. Unpaid loading and waiting time, pre-trip inspections, and mandatory training can create claims.

What you can recover

• Unpaid overtime going back two years, or three if the violation was willful;
• An equal amount in liquidated (double) damages in most cases;
• Attorney’s fees and costs paid by the employer.

Records that help

Driver logs and ELD data, dispatch records, load tickets, GPS data, fuel receipts, pay stubs, and the make, model, and door-jamb GVWR sticker of the vehicles you drove. A photo of that sticker can be one of the most important pieces of evidence in a small-vehicle case.

Frequently asked questions

I have a CDL. Does that mean I am exempt?

No. The exemption turns on the vehicles you actually operate and the commerce involved, not on your license.

I drive a pickup pulling a trailer. Do I qualify?

It depends on the weight ratings involved. Courts look at the gross vehicle weight rating, and trailer combinations can complicate the analysis. Have a lawyer look at the specifics.

Can my employer fire me for asking about overtime?

The FLSA prohibits retaliation against employees who complain about unpaid wages.

Talk to Reams Law

Reams Law represents drivers and oilfield workers in unpaid overtime cases. Call (405) 285-6878 or contact us online. Read more on our Unpaid Overtime – Trucking page.

This article discusses federal law in general terms. It is not legal advice, and reading it does not make anyone a client of this firm. Statutes change, courts reinterpret them, and the outcome of any matter depends on its own facts. Speak with a lawyer about your situation specifically.