Pasadena, California — A dispute over delivery driver overtime has reached the Ninth Circuit Court of Appeals. The case could help clarify when California drivers completing local routes remain connected to interstate commerce and whether they qualify for overtime compensation.
Pasadena Court Reviews Delivery Driver Overtime Dispute
On July 7, 2026, Jordan Orozco Madero and Esteban Orosco asked a Ninth Circuit panel in Pasadena to reverse a federal trial court ruling that rejected their overtime claims. The drivers worked from McLane Foodservice’s Riverside distribution center and generally delivered food products to California restaurants without crossing state lines.
Their compensation included hourly wages and piece-rate payments based on mileage, stops, and cases delivered. Although they sometimes worked more than 40 hours per week, McLane classified them as exempt from overtime.
The dispute centers on whether goods shipped from outside California remained in interstate commerce after being stored and sorted at a warehouse. The drivers argue that the interstate journey ended there, while McLane maintains that it continued through final delivery.
When Local Delivery Drivers May Qualify for Overtime
The Fair Labor Standards Act generally requires employers to pay employees one-and-a-half times their regular rate after working more than 40 hours in a workweek. However, the Motor Carrier Exemption may apply to certain drivers whose duties affect vehicle safety while transporting property in interstate commerce.
Eligibility may depend on the goods’ intended destination, shipping arrangements, warehouse handling, vehicle type, and the continuity of movement.
California drivers should preserve:
- Pay stubs, wage statements, and piece-rate records
- Timecards, route logs, dispatch messages, and delivery manifests
- Documents showing vehicle weight and product origins
- Evidence of unpaid hours or off-the-clock work
Potential claims may include unpaid overtime for delivery drivers, inaccurate wage statements, waiting-time penalties, and missed meal and rest periods. Job titles alone do not determine whether an exemption applies.
Speak With Labor Law Advocates About Unpaid Wages
Disputes over delivery driver overtime can impact income, financial stability, and family support. Reviewing routes, hours, pay, vehicle, and delivery records may help identify unpaid compensation.
The employment lawyer at Labor Law Advocates represents California employees in wage-and-hour matters, including unpaid overtime, missed breaks, and off-the-clock work. Contact us today for a free consultation to assess your potential claim for unpaid wages or additional compensation.
