Tag Archives: Motor Carrier Act Exemption
D.N.J.: Absent Exercise of Discretion in Loading Trucks, Loader Not Subject to Motor Carrier Act (MCA) Exemption
Chellis v. New Century Transp., Inc. This case was before the court on the defendant’s motion to dismiss the complaint for failure to state a claim. Defendant asserted that, on its face, plaintiff’s complaint demonstrated that plaintiff was exempt under … Continue reading
Filed under Exemptions
5th Cir.: Weight of Pickup and Trailer Combined to Calculate Gross Vehicle Weight (Whether 10,001 LBs) Under MCA Exemption
Albanil v. Coast 2 Coast, Inc. Following an award of summary judgment to the defendants in this case plaintiffs appealed. Specifically, the court below determined that plaintiffs were exempt from the FLSA’s overtime provisions, pursuant to the so-called Motor Vehicle … Continue reading
Filed under Exemptions
S.D.Ind.: Court Erred In Resolving MCA Exemption Issues on Motion for Conditional Certification; On Reconsideration Motion Granted
Thompson v. K.R. Drenth Trucking, Inc. This case was before the court on plaintiffs’ motion for reconsideration of the court’s order denying their motion for conditional certification of a collective action. The case arose out of allegations that defendants violated … Continue reading
Filed under Affirmative Defenses, Collective Actions, Exemptions
11th Cir.: Intrastate Travel Of SuperShuttle Drivers Satisfied Motor Carrier Act Exemption, Because Many Customers Were “Through Ticketed” Based On Internet Travel Packages
Abel v. Southern Shuttle Services, Inc. This case was before the Eleventh Circuit for the second time. Plaintiff, a former driver of Defendant Southern Shuttle Services, Inc.’s airport shuttle vans, filed the action under the FLSA seeking unpaid overtime pay. … Continue reading
Filed under Exemptions
5th Cir.: As Plaintiffs’ Joint Employer, Staff Leasing Company Qualified As “Motor Carrier” Subject To MCA Exemption From FLSA’s Overtime Pay Requirements, Because “Actual” Employer Was A “Motor Carrier”
Songer v. Dillon Resources, Inc. This case was before the Fifth Circuit on Plaintiffs’ appeal of an Order granting Defendant, a staff leasing company, summary judgment finding that they were entitled to assert the MCA exemption, because the company they … Continue reading
Filed under Employer, Exemptions
N.D.Ga.: “Yard Hostler” Not Exempt Under The Motor Carrier Act; Defendant Failed To Show That He “Affected The Safety Or Operation Of Motor Vehicles In Transporting Property In Interstate Or Foreign Commerce On The Public Highways”
Billingslea v. Southern Freight, Inc. The case was before the Court on Defendant’s motion for summary judgment. Defendants’ sought summary judgment finding that Plaintiff, a “yard hostler,” was exempt from the overtime provisions of the FLSA. Although it was not … Continue reading
Filed under Exemptions
11th Cir.: Bus Drivers Exempt From FLSA Under Motor Carrier (MCA) Exemption; Bus Company’s Airport-to-Seaport Shuttle Routes Shared A Practical Continuity Of Movement Due To Interstate Travel Of Cruise Line Customers Shuttled
Walters v. American Coach Lines Of Miami, Inc. This appeal required the Court to determine whether Appellants, who are all current or former bus drivers for American Coach Lines of Miami (“ACLM”), were subject to a provision in the Fair … Continue reading
Filed under Exemptions
S.D.Fla.: Airport Shuttle Operating Within A Single State Without An Arrangement With The Air Carrier(s) Is Not Engaged In Interstate Commerce; MCA Exemption Inapplicable
Gilbert v. Southern Shuttle Services Inc. This case was before the Court upon Defendant Motion for Judgment as a Matter of Law, or in the Alternative, Motion for New Trial (DE 90). The Motion is fully briefed and ripe for … Continue reading
Filed under Exemptions
D.Md.: Although Defendant Is A Motor Carrier, Factual Issues Preclude SJ On Motor Carrier Exemption, Where School Bus Drivers Drive No More Than 2 Interstate Charter Trips Per Year On Average
Hoffman v. First Student, Inc. In this FLSA case, both the Plaintiffs, school bus drivers, and Defendant, a motor carrier, who employed them, moved for summary judgment as to whether Plaintiffs were exempt employees under the motor carrier act (MCA) … Continue reading
Filed under Exemptions
S.D.Ind.: Tow Truck Driver Exempt Under Motor Carrier Act (MCA), Because Might Be Called To Perform Interstate Wrecking Services
Johnson v. Hix Wrecker Service, Inc. The case was before the Court on several motions for summary judgment. The Court granted Defendant’s motion for summary judgment, finding that the Plaintiff was exempt from the FLSA’s overtime provisions pursuant to the … Continue reading
Filed under Exemptions
