29 C.F.R. § 782.7 Interstate Commerce Requirements of Exemption
Library | Code of Federal Regulations |
Edition | 2022 |
Currency | Current through December 31, 2022 |
Citation | 29 C.F.R. § 782.7 |
Year | 2022 |
(a) As explained in preceding sections of this part, section 13(b)(1) of the Fair Labor Standards Act does not exempt an employee of a carrier from the act's overtime provisions unless it appears, among other things, that his activities as a driver, driver's helper, loader, or mechanic directly affect the safety of operation of motor vehicles in transportation in interstate or foreign commerce within the meaning of the Motor Carrier Act. What constitutes such transportation in interstate or foreign commerce, sufficient to bring such an employee within the regulatory power of the Secretary of Transportation under section 204 of that act, is determined by definitions contained in the Motor Carrier Act itself. These definitions are, however, not identical with the definitions in the Fair Labor Standards Act which determine whether an employee is within the general coverage of the wage and hours provisions as an employee "engaged in (interstate or foreign) commerce." For this reason, the interstate commerce requirements of the section 13(b)(1) exemption are not necessarily met by establishing that an employee is "engaged in commerce" within the meaning of the Fair Labor Standards Act when performing activities as a driver, driver's helper, loader, or mechanic, where these activities are sufficient in other respects to bring him within the exemption. (
(b)
-
(1)
Highway transportation by motor vehicle from one State to another, in the
course of which the vehicles cross the State line, clearly constitutes
interstate commerce under both acts. Employees of a carrier so engaged, whose
duties directly affect the safety of operation of such vehicles, are within the
exemption in accordance with principles previously stated. (
To continue reading
Request your trial