U.S. Department of Labor 

Wage and Hour Division 

 (Revised July 2009) 

Fact Sheet #47: Minimum Wage, Recordkeeping and Youth Employment Requirements 

of U.S. Law Applicable to Foreign Commercial Vehicle Operators and Helpers 

The U.S. Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (FLSA).

This fact sheet provides general information concerning federal minimum wage, recordkeeping and youth 

employment requirements that apply to foreign commercial vehicle operators and their helpers who work in 

U.S. territory. 

What is the U.S. minimum wage? 

The federal minimum wage of $7.25 per hour effective July 24, 2009, and youth employment provisions of 

the FLSA apply to all foreign drivers and their helpers for all hours worked in the U.S., if the workers spend 

a substantial period of time in the U.S. A worker who travels more than 25 miles from the U.S. border or 

spends more than 72 hours in the U.S. on a single visit (whichever occurs first) is considered to have spent a 

substantial period of time in the U.S. Once a worker has spent a substantial period of time in the U.S. all hours 

of work in the U.S. on that visit must be compensated at no less than the minimum wage, including hours of

work prior to the worker reaching the 25 mile or 72 hour mark. Under certain conditions a worker's "waiting"

time may be compensable hours of work. 

Wages must be paid free and clear of impermissible deductions -- such as the costs of operating the vehicle or 

traveling on the road -- that would reduce pay below the federal minimum. Deductions that are impermissible 

when they reduce pay below the federal minimum include the cost of gas, oil, tires, repairs to the truck, tolls or 

the cost of food or lodging for the employees while they are traveling. 

What U.S. recordkeeping requirements apply to employers? 

The employer must maintain complete records of all hours worked, wages paid and other information (such as 

deductions) related to time worked in the U.S. These records -- which do not have to be kept in any particular 

form -- must be made available to the Department of Labor upon request. The drivers' log books required by the 

U.S. Department of Transportation do not contain all of the information required under the FLSA. 

What are the U.S. youth employment limitation requirements that apply to operating motor vehicles? 

The youth employment provisions restrict persons under 18 years of age from working as drivers or helpers. 

Hours worked and age requirements for commercial drivers' licenses are regulated by the U.S. Department of 

Transportation. 

Where to Obtain Additional Information 

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov

and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-

4USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the 

same light as official statements of position contained in the regulations. 

U.S. Department of Labor

Frances Perkins Building 

200 Constitution Avenue, NW 

Washington, DC 20210 

1-866-4-USWAGE

 TTY: 1-866-487-9243

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