[ return to list ]

When Workers Are Entitled to Overtime Pay

Certain employees are exempt from overtime pay provisions under federal employment laws. But it is the actual job being performed—not the employee's title—that counts as far as the courts are concerned.

New case: A private bus company in Pennsylvania provided a transportation program for disabled individuals and senior citizens. The drivers regularly worked more than 40 hours a week, but company policy did not include overtime pay for them. Reason: The company treated these employees as being exempt from overtime pay due to an exception in the Motor Carrier Act (MCA).

However, the MCA refers only to drivers who transport goods across state lines or are otherwise engaged in interstate commerce. In this case, the bus drivers transported individuals to and from doctor appointments within the western region of the state.

As a result, the Third Circuit Court ruled that the drivers were eligible for overtime pay. Simply labeling the employees as “drivers” covered under the MCA cannot override the facts.

Moral of the story: If you are unsure about the application of the overtime laws for a particular employee—or group of employees—seek professional guidance from a qualified professional.

[ return to list ]