Do employers need to pay commercial drivers during their 30-minute lunch under the new Hours of Service (HOS) rules?

It depends. Under the federal Fair Labor Standards Act (FLSA), employers don’t need to allow rest breaks or meal periods for most workers. The U.S. Department of Transportation (DOT), however, requires commercial drivers take a 30-minute break after eight hours of driving.

In general, meal periods (typically 30 minutes or more) may be unpaid time. Employees (or drivers in this case) must be completely relieved of all job duties. Drivers are not relieved of their duties if they are required to perform any work during their meal periods.

If, for example, a driver is taking a 30-minute meal period and isn’t driving but is checking equipment, answering work emails, or in a work meeting, then the driver needs to be paid. But if the driver is completely relieved from work, then the 30 minutes could be unpaid.

Some states, like California, have meal and rest break requirements that are stricter than federal law.

If the employer has interstate drivers in California (meaning they drive across state lines), those drivers aren’t subject to the state’s meal or rest break laws. These drivers would follow federal DOT requirements.

If the employer has intrastate drivers (meaning they only drive in California), then those drivers are subject to the state’s meal or rest break laws, generally.

Note, interstate drivers can be exempt from overtime pay, but are not exempt from minimum wage for all hours worked in a workweek.