New York Truck & Delivery Drivers:
Are You Owed Overtime Pay?
Many truck and delivery drivers in New York are not being paid the overtime wages they are legally owed. If you’re a truck driver working long hours without extra pay, your employer may be violating state labor laws.
New York Overtime Laws for Truck Drivers
Under federal law, drivers of vehicles with a gross vehicle weight rating (GVWR) of 10,001 lbs or more are typically exempt from overtime pay. However, New York State law requires that truckers must be paid at least what a minimum wage worker would earn for the same hours.
This means:
- Whether you are paid a day rate, piece rate, flat rate, or commission, if your pay amounts to less than what a minimum wage worker would earn for your total hours worked (including overtime), your employer may owe you additional wages.
- Your truck’s weight does NOT exempt you from New York’s overtime pay protections. Even big rig drivers and short-haul box truck drivers may be eligible.
Who May Be Owed Overtime?
You may be entitled to unpaid overtime if:
- You work more than 40 hours per week as a truck or delivery driver in New York.
- You are paid less than what a minimum wage worker would earn for the same hours.
- You drive any truck - big rigs, box trucks, or delivery vehicles - regardless of weight.
Your employer may have told you that you’re not eligible for overtime due to federal exemptions - but these do not override NY law.
Are You Being Underpaid?
Use our Overtime Wage Calculator below to find out.
If you suspect you’re not being paid what you’re owed, use our NY Overtime Wage Calculator to check your potential back pay. It’s quick, free, and could help you recover wages you’ve already earned.
New York Wage Calculator
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