In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary
Continue Reading In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!
I am a big student of the FLSA motor carrier exemption and have handled many such cases. I often find that a big obstacle for the employer claiming the exemption
Continue Reading Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical ContinuityI 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
Continue Reading Doctrine of Practical Continuity Tested Again In Case Involving FLSA Motor Carrier Exemption
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
Continue Reading The Motor Carrier Exemption: The Doctrine of Practical Continuity
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
Continue Reading Third Circuit Clarifies Meaning Of “Interstate Commerce” In Motor Carrier Exemption Suit
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
Continue Reading The Relationship Between The Joint Employer Doctrine and The 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
Continue Reading “Practical Continuity” And Interstate Commerce Under FLSA Motor Carrier Exemption
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
Continue Reading Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows