B 1 of this section shall not apply in the case of any employee with respect to whom the interstate commerce commission now secretary of transportation has power to establish qualifications and maximum hours of service solely by virtue of section 204 a 3a of the interstate commerce act now 49 u s c. The employee s work in whole or in part is that of a driver driver s helper loader or mechanic. The motor carrier exemption under the fair labor standards act flsa section 13 b 1 of the flsa provides an overtime exemption for employees who are within the authority of the secretary of transportation to establish qualifications and maximum hours of service pursuant to section 204 of the motor carrier act of 1935 except those employees covered by the small vehicle exception described in the document.
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