Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of
Continue Reading Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed
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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Bigger Rigs Are Better In the Trucking Industry, Says the Third Circuit
In March, the Third Circuit joined other circuits in its ruling in McMaster v. Eastern Armored Services, Inc. that trucking
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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
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Third Circuit Certifies Independent Contractor Question to New Jersey High Court
There must be something in the air! I have just posted the other day about a New Jersey initiative to expand the reach of independent contractor misclassification to the trucking
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Another Trucker Independent Contractor Class Action: The Trend Continues
There have been many cases in which trucking companies have classified drivers as independent contractors, because this is common within the industry. However, as these cases have shown, if the
Continue Reading Another Trucker Independent Contractor Class Action: The Trend Continues
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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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