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
Continue Reading Doctrine of Practical Continuity Tested Again In Case Involving FLSA Motor Carrier Exemption
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
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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
Continue Reading Third Circuit Clarifies Meaning Of “Interstate Commerce” In Motor Carrier Exemption Suit
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
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“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
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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
Continue Reading Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows