I have always been interested in the Motor Carrier Act (MCA) exemption of the Fair Labor Standards Act, 29 USC 213(b)(1), especially in the doctrine of “practical continuity” which is one of the ways that interstate commerce is determined and have defended a number of cases where we had to rely on practical continuity for
The Motor Carrier Exemption: The Doctrine of Practical Continuity
The motor carrier exemption under the FLSA exempts from overtime those employees for whom the Secretary of Transportation has power to establish qualifications and maximum hours of service. The employees must be: (1) employed by carriers whose transportation of passengers or property by motor vehicle is subject to the Secretary’s jurisdiction under the Motor Carrier
Third Circuit Clarifies Meaning Of “Interstate Commerce” In Motor Carrier Exemption Suit
When analyzing the so-called motor carrier exemption under the Fair Labor Standards Act, 29 USC 213(b)(1), controversies often arise as to whether the drivers are involved in “interstate commerce.” This is because, as a rule, the safety sensitive nature of the driver’s job and the fact that the employer-defendant is a “motor carrier” are often
The Relationship Between The Joint Employer Doctrine and The Motor Carrier Exemption
In a recent lawsuit, a group of truck drivers filed a FLSA collective action against their employer, which was a leasing company and the trucking company to which they were leased. The drivers did not have assigned routes, but their routes changed on a daily basis, depending on a number of factors, such as customer
“Practical Continuity” And Interstate Commerce Under FLSA Motor Carrier Exemption
In a recent post in the Wage and Hour Defense Blog, Richard Tuschman discussed the Eleventh Circuit decision in Abel v. Southern Shuttle Services, Incorporated, which analyzed the applicability of the FLSA motor carrier exemption to drivers who transport passengers from airports to locations within the same State. This exemption from overtime typically applies
Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a FLSA collective action seeking overtime, was not able to prove that he was “similarly situated” to other employees and this the judge refused to grant even the conditional certification necessary to keep the case going. The case is