Truck Driver Pay, Detention & Rights
Trucking pay is complicated: cents per mile, percentages, unpaid waiting at docks, and special overtime rules. Drivers also have strong federal protections when they refuse to drive tired, overweight or unsafe, and when they report safety problems.
- Truck drivers
- Delivery drivers
How drivers are paid
| Method | Watch for |
|---|---|
| Cents per mile | Which miles: practical route, shortest route or actual miles driven |
| Percentage of the load | Your right to see what the load paid |
| Hourly | Common for local and delivery drivers; check how waiting and loading are counted |
| Day or trip rate | Whether it covers long days and delays |
| Extras | Detention, layover, stop pay, tarping, breakdown and per diem |
Overtime and minimum wage
- Under the federal Fair Labor Standards Act, most drivers of vehicles over 10,000 pounds in interstate commerce are exempt from overtime (the Motor Carrier Act exemption).
- Drivers of vehicles of 10,000 pounds or less, like many vans and pickups, may be owed overtime under the small vehicle exception.
- Employee drivers are still covered by minimum wage. When per-mile pay plus waiting and other work time works out below minimum wage for the week, the employer may owe the difference.
- Some states have their own wage and overtime rules for drivers.
See Minimum Wage and Per Diem & Travel Pay.
Detention time
No federal law requires detention pay. It depends on your contract or company policy, often after the first two hours at a shipper or receiver. Record arrival, check-in, loaded and departure times on every load, and turn in detention claims promptly.
Coercion is illegal
Federal rules prohibit carriers, shippers, receivers and brokers from coercing a driver to break safety rules, such as hours of service, drug and alcohol, or hazmat rules, by threatening loss of work or pay. Drivers can file a coercion complaint with FMCSA, generally within 90 days.
Whistleblower protection
- You can refuse to drive when doing so would break a safety rule, or when you reasonably fear serious injury because of the truck’s condition, fatigue or weather.
- You can report safety violations to your employer or the government.
- If you’re fired or punished for it, file a complaint with OSHA under the Surface Transportation Assistance Act within 180 days.
Keep records: ELD logs, bills of lading with times, texts with dispatch, and pay statements. They’re your evidence for pay disputes and coercion or retaliation complaints.
Standards & references
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