Dock workers who load trucks are 'loaders,' not exempt truck 'helpers' — reconsideration denied

08/06/02 - Minimum Wage Opinion Letter - Applicability of M.G.L. c. 151, s. 1A(8)

August 6, 2002

I am writing in response to your letter of July 30, 2002 seeking clarification of the Division of Occupational
Safety's(DOS) recent determination regarding the applicability of M.G.L. c. 151, s. 1A(8) to work performed by
"truck loaders." [1] See DOS Opinion Letter MW-2002-008, dated February 26, 2002.

As I understand it, the *** has a current case involving dock workers employed by . , through counsel,
has asked the *** to reconsider its position that the company must pay overtime to these dock workers. ***
counsel has submitted both a letter and supporting documentation which you have forwarded to me for
consideration.

*** employs both drivers and dock workers. [2] *** states that its dock workers are trained to handle hazardous
materials and are responsible for loading its trucks in a manner that is safe for transit. Dock workers move the
freight into trailers that are backed into the loading docks; therefore, they perform their work while inside the
tractor-trailer units. These dock workers are responsible for bracing the loads, and otherwise "stacking" them, so
as to avoid shifting during transit. Dock workers do not ride on the trucks and are not required to possess a
commercial driver's license as a condition of employment.

*** argues that its dock workers should be exempt from state overtime requirements because they function as
"helpers on a truck," a class of work exempt from overtime, in that they work on and within the trucks
providing loading assistance to ensure safe transit. *** states that it could discover no reason for the inclusion
of the term "helper on a truck" in Section 1A(8), and it argues that, in the absence of a statutory definition, DOS
should take a "functional approach" and consider its dock workers to be such "helpers."

This Office is unpersuaded by this argument. At the time M.G.L. c.151, s. 1A, was added to the Massachusetts
Minimum Fair Wage Law, federal regulations under the Fair Labor Standards Act (FLSA) included definitions
of four classes of employees covered by the analogous federal exemption, 29 U.S.C. s. 213(b)(1): drivers,
drivers' helpers, loaders, and mechanics. See 29 C.F.R. ss. 782.3-782.6 (1949 & Supp. 1960). As the
Massachusetts exemption was clearly crafted with the federal exemption in mind, the only logical conclusion is
that the term "helper on a truck" refers to the second of these classes of work: "drivers' helpers." These "drivers'
helpers" were defined, in pertinent part, as "an employee other than a driver, who is required to ride on a motor
vehicle." 29 C.F.R. s. 782.4 (1949 & Supp. 1960).

This Office does not dispute that *** dock workers perform work directly affecting safety of operation of motor
vehicles on public highways in transportation of interstate or foreign commerce within the meaning of the
Motor Carrier Act and that the workers must receive proper training to perform these functions. However, the
character of the activities of its dock workers seems to fall squarely within the definition of a "loader" under
federal regulations ( See 29 C.F.R. '782.5), a class of work the Massachusetts Legislature chose not to include
within M.G.L. c. 151, s. 1A. This Office will not adopt a "functional approach" that ignores this decision. Based
on the information provided, it would appear that *** dock workers are not exempt from overtime under
M.G.L. c. 151, s. 1A(8). [3]

I hope this information has been helpful. If you have any further questions, please feel free to contact me.

Sincerely,
Lisa C. Price
Legal Counsel

Page 2

[1]
M.G.L. c. 151, s. 1A(8) provides, in pertinent part, that an employer need not pay overtime to "a driver or
helper on a truck with respect to whom the Interstate Commerce Commission has power to establish
qualifications and maximum hours of service pursuant to the provisions of section two hundred and four of the
motor carrier act of nineteen hundred and thirty-five."
[2]
The official title of the latter position is "freight handler/dock worker." A position description was provided
in the materials submitted by ***.
[3]
The argument that *** dock workers perform their loading functions within the tractor-trailer units does not
change the analysis. Loaders, by necessity, must perform their safety-affecting functions "on" trucks.

= Names have been Omitted