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Home » 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

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

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  • US Department of Labor honors 772 employers committed to veterans’ employment with 2026 HIRE Vets Medallion Awards
    WASHINGTON – The U.S. Department of Labor recognized 772 employers for their commitment to employing and supporting the nation’s service members by presenting them with the 2026 Honoring Investments in Recruiting and Employing American Military Veterans Medallion Award.U.S. Secretary of Labor Keith Sonderling and Assistant Secretary for Veterans’ Employment and Training Service Jeremiah Workman presented the […]
  • US Department of Labor issues guidance to employers, plan fiduciaries on inaccurate health network provider directories
    WASHINGTON – As part of its effort to protect workers, retirees, and their families, the U.S. Department of Labor today issued an enforcement alert to help employers and plan fiduciaries ensure plan participants and beneficiaries are receiving accurate provider directories for in-network coverage.Health plans and insurance issuers are required under the Employee Retirement Income Security Act to regularly verify, update, […]
  • Unemployment Insurance Weekly Claims Report
    In the week ending November 7, the advance figure for seasonally adjusted initial claims was 200,000, an increase of 9,000 from the previous week's revised level. The previous week's level was revised up by 2,000 from 189,000 to 191,000. The 4-week moving average was 195,250, unchanged from the previous week's revised average. The previous week's […]

Andrew Frisch

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"Dual Assignment" Rule "Good Faith" Defense $7.25 $35 Million Verdict $455 $500 $913 000.00 1 Week Delay 2 Or More Employees 2 Or More Employees Handling 2 Year Statute of Limitations 2d Circuit 3 Year Statute of Limitations 4 Year Degree 4-Month Period 4th Circuit 5th Circuit 6 Month Statute of Limitations 6th Circuit 7(i) 7th Circuit 8th Circuit 9 U.S .C. §§ 3 9th Circuit 10th Circuit 11 U.S.C. § 521(1) 11th Amendment 11th Circuit 13th Amendment 20 Pound Bag 20% Rule 21 Club 28 U .S.C. § 1332(d) 28 U.S.C. § 1407 28-day Work Period 29 C.F.R. 541.601 29 C.F.R. 541.605(a) 29 C.F.R. § 516.27(A) 29 C.F.R. § 516.27(B) 29 C.F.R. § 531.35 29 C.F.R. § 531.52 29 C.F.R. § 531.55 29 C.F.R. § 531.56(e) 29 C.F.R. § 541.100 29 C.F.R. § 541.105 29 C.F.R. § 541.200 29 C.F.R. § 541.200(a) 29 C.F.R. § 541.202(a) 29 C.F.R. § 541.202(b) 29 C.F.R. § 541.202(e) 29 C.F.R. § 541.300(a)(1) 29 C.F.R. § 541.301 29 C.F.R. § 541.301(a) 29 C.F.R. § 541.302(a) 29 C.F.R. § 541.313 29 C.F.R. § 541.500 29 C.F.R. § 541.502 29 C.F.R. § 541.600 29 C.F.R. §541.602(a) 29 C.F.R. § 541.604 29 C.F.R. § 552.106 29 C.F.R. § 553.101 29 C.F.R. § 553.213 29 C.F.R. § 778.108 29 C.F.R. § 778.112 29 C.F.R. § 778.114 29 C.F.R. §778.114 29 C.F.R. § 778.115 29 C.F.R. § 778.217(b) 29 C.F.R. § 778.219(a) 29 C.F.R. § 778.501(a) 29 C.F.R. § 779.315 29 C.F.R. § 779.316 29 C.F.R. § 779.317 29 C.F.R. § 779.412 29 C.F.R. § 779.416(b) 29 C.F.R. § 780.129 29 C.F.R. § 782.2 29 C.F.R. § 782.5(a) 29 C.F.R. § 785.23 29 C.F.R. § 785.48(b) 29 C.F.R § 785.18 29 CFR Part 552 29 U.S.C. 207(h) 29 U.S.C. 215 29 U.S.C.A. § 203(y) 29 U.S.C. § 203(m) 29 U.S.C. § 203(o) 29 U.S.C. § 203(r)(1) 29 U.S.C. § 203(r)(2)(A) 29 U.S.C. § 203(s) 29 U.S.C. § 207(e)(1)-(8) 29 U.S.C. § 207(e)(2) 29 U.S.C. § 207(e)(5)-(7) 29 U.S.C. § 207(h)(2) 29 U.S.C. § 207(i) 29 U.S.C. § 207(k) 29 U.S.C. § 207(p)(1) 29 U.S.C. § 209(m) 29 U.S.C. § 213(10)(a) 29 U.S.C. § 213(a)(1) 29 U.S.C. § 213(a)(15) 29 U.S.C. § 213(a)(17) 29 U.S.C. § 213(b)(1) 29 U.S.C. § 215 29 U.S.C. § 215(a) 29 U.S.C. § 215(a)(3) 29 U. S. C. §215(a)(3). 29 U.S.C. § 216(b) 29 U.S.C. § 218(a) 29 U.S.C. § 255(a) 29 U.S.C. § 256(b) 29 U.S.C. § 259 29 U.S.C. § 260 30-Minute Deductions 34(a)(2) 80/20 Rule 168 Hours 207(h) 215(a)(3) 216(6) Consent Requirement 216(b) 216(b) Consent to Join 541.601 778.112 778.115 785.23 1099 2010 FLSA Amendments 2010-1 10000 Pound Vehicles A & P Mechanic AAA AA Meeting Abbot Laboratories Abbott Absent Arbitration Clause Absent Class Members Abuse of Discretion Acceptance of Offer of Judgment Accountant Accountant Advice Accountant Liability for FLSA Violations Accountant Malpractice Act 72 Actual Duties Actual Knowledge Actual Weight ADA Addresses ADEA Adequacy of Representation Administrative Exemption Administratively Exempt Administrative Procedure Act Administrative Proceeding Administrator's Interpretation Administrator's Interpretation No. 2010-2 Adminstrative/Production Dichotomy Adminstrative Exemption Adminstrative Remedy Admissibility Adult Entertainers Advanced Knowledge Advertising Sales Advice of Counsel Affidavit Affirmative Defense Affirmative Defenses Affirmative Steps After-Hours Agreement Agreement to Arbitratrate Agricultural Employees Agricultural Exemption Air Carrier Air Carrier Exemption Airline Carrier Airline Deregulation Act of 1978 Airport Shuttle Al Capone Alpharma Amended Answer Amended Complaint American Arbitration Association American Eagle Drivers American Samoa Amicus Amicus Brief Amount of Discovery Anonymous Plaintiff Anti-Retaliation APA Applebee's Apprenticeship Approval Not Required Approval of Settlement Arbitral Decision Arbitration Arbitration Agreement Arbitration Agreements Arbitration Clause Arbitration Costs Arbitration in FLSA Cases Arbitration Invalidated Arbitrator Arbitrator's Jurisdiction Arbitrator Decide Class Arindrajit Dube Arise Misclassification Claims Arise Overtime Claims Arise Virtual Solutions Arise Wage Theft Arm of the State Assistant Manager Assistant Store Managers AT&T Mobility LLC v. Concepcion AT&T Mobility v. Concepcion At-Issue Waiver Attorney's Fees Attorney-Client Communications Attorney-Client Privilege Attorney Advice Attorney Defendant Attorney Liability Attorney Liability for FLSA Violations Attorney Representation Auto Body Repairman Auto Dealer Exemption Automatic Deductions Automobile Dealer Auto Parts Store Auxilium Pharmaceuticals Average Hourly Compensation Average Hourly Wage Averaging Award of Costs Bachelor Degree Backwages Balance of Convenience Factors Balancing Test Ballot Measure 25 Bamonte v. City of Mesa Bank of America Bankrupcy Stay Bankruptcy Baristas Bartenders Bartenders Wages Base Hourly Rate Benefits Bennink v. Cincinatti Bell Telephone Company Biggs v. Wilson Billing Records Billingsley v. Citi Trends Bills Binding and Enforceable Binding Settlement Board Board of Dental Examiners Boca Raton Business Owners Boehringer Pharmaceutical Rep Overtime Bona Fide Commission Plan Bona Fide Commissions Bona Fide Dispute Bonnette Bonus Bonuses Breach of General Release Break Policy Breaks Break Time Break Time for Nursing Mothers Breastfeeding Bribery Burden of Production Burden of Proof Burden of Proof on Exemption business Business-to-Business Merchant Business Expenses Business Purpose Buy-Back C.F.R. CAA Cable Installer CAFA Calculating Gross Vehicle Weight Under MCA Calculating Offsets Calculating Overtime Compensation Calculation of Damages California California Labor Code California Overtime Lawsuit Call Center Call Center Jobs Call Center Workers Calulcating the Workweek Camin Cargo Can a fee agreement satisfy the FLSA written-consent requirement? Car CareMark Overtime Lawsuit Car Insurance Car Wash Case Managers Case or Controversy Case Style Casey's General Stores Casino CASY CBA Cell Phone Centex Certified Nurse Assistant Certiorari Certiori CFR Changing Clothes Charters Cheeks Chilling Effect Chinese Overtime Christensen Christopher v. SmithKline Beecham Corp. Cintas Corp. Cintas Settlement City Employees City of Sioux Falls Civil RICO Class Class Action Class Action Complaint Class Action Fairness Act Class Actions Class Action Waiver Class Arbitration Class Certification Class Certified Classification Class Members Class Representatives Classroom Training Class Waiver Class Waivers Classwide Damages Clause Construction Cleaning Airplanes Clear Mutual Understanding Clinicians Closely-Held Close of Discovery Clothes CMV CNA CNN Co-op Coercision Coercive Coke Collateral Estoppel Collective Action Collective Action Allegations Collective Actions Collective Action vs. Class Action Collective Action Waiver Collective Bargaining Agreement Colorado Colorado Minimum Wage Comcast Comcast Corp. v. Behrend Coming to Rest Doctrine Commercial Cleaner Commercial Motor Vehicle Commerical Carrier Commerical Motor Vehicle Commissioner of the Bureau of Labor and Industries Commissions Common Arrangement Common Law Common Law Claims Common Law Test for Successor Liability Communications With Class Commute Time Commuting Time Companions Companionship Companionship Exemption Companionship Services Compensable Hours Compensable Time Compensable Work Compensatory Damages Compensatory Time Comp Time Computer-Employee Exemption Computer Boot Up Time Computer Employee Exemption Computer Exemption Concerted Action Concerted Activity Conditional Certification Conditionally Certified Claims Confidentiality Connexx Consent Judgment Consent to Join Consent to Join Form Considerations at Stage I Consolidation Construction Supervisor Construction Workers Constructive Knowledge Consumer Class Actions Contemporaneous Payment Contemporaneous Time Records Contemporaneous Transmission Of Testimony Contingency Basis Contingent Settlement Continuity of the Business Continuous Workday Contract of Adhesion Contractual Statute of Limitations Contract Work Hours and Safety Standards Act Contribution Control Controlled Substances Act Control Test Corporate Officer Liability Correction Officers Corrective Action Corrective Notice Costco Wage Class Action Cost of Individual Claim Cost of Travel Costs Cost Splitting Counterclaims Coupons Couriers Court's Observation of Counsel Court Approval Court Supervised Settlement Coverage Covered Employee Creative Professional Exemption Creative Professionals Credit Cross-Examination Cruise Line Shuttle Current Employees Current Oregon Minimum Wage Custody Customarily Furnished Custom or Practice CWCA D.C. Circuit D.Ct. D.R. Horton D.R. Horton and Michael Cuda Damages Dancers Showclub Dates of Employment Davis Bacon Act Day Rates DBA DCLMA DCWPCL December 1 Decertification Declarations Declaratory Judgment Declaratory Relief Default Defendant's Billing Records Defense Counsel Billing Records Defense Verdict Deference Owed to Secretary of Labor Definition of CMV Definition of Employee Definition of Full Relief Definition of Independent Contractor Delay Dellinger De Minimis Denial of Conditional Certification Department of Labor Department of Transportation Deposition Location Depositions Design Consultant Destruction of Records Differences Among Putative Class Members Dionne Dionne v. Floormasters Direct Care Job Quality Improvement Act Directly Related To Management Disabled Workers Discounts Discoverability of Attorney Communications Discoverability of Billing Records Discovery Discovery Of Immigration Status Discovery Plaintiffs Discretion and Independent Judgment Discretion or Judgment When Loading Discretion to Limit Discovery Dismissal of Opt-ins Dissemination of Notice District of Colorado Docking Does a named plaintiff need written consent in an FLSA collective action? DOL DOL Audit DOL Enforcement Dolgencorp Dollar General Dollar Tree DOL Supervised Settlement Domestic Service Domestic Service Exemption Donning and Doffing Door-to-Door Salespeople DOT DOT Audit DOT Jurisdiction Draw Driver Driver's Helper Drivers Dual-Trained Paramedics Dual Jobs Duplicative Claims Dupont Duress Duties Duty to Mitigate E.D.Tex. Economic Realities Test Economic Reality Economists EDS EDS Overtime Class Action EDS Technical Support Effect of Denial of Conditional Certification Efficient Judicial Administration Eighth Circuit Electronic Data Systems Elements of Claim Eleventh Amendment Immunity Eleventh Circuit Eli Lilly Ellerth Email Emotional Distress Employee Employee Leasing Employee Release Agreement Employees Employees of Subcontractors Employee Status Employee Theft Employee vs Independent Contractor Employee vs Volunteer Employee waiting for work Employer Employer's Burden of Proof Employer Participation in Tip Pool Employers' Attorney Employment Employment Relationship Enforceability Enforceability of Class/Collective Waivers Enforcement Engaged in Commerce Engaged in Fire Protection Engineer Enjoin Enterprise Enterprise Coverage Enterprise Rent-A-Car Entry of Judgment EPA Equal Pay Act Equitable Defenses Equitable Tolling ERISA Evidence Exception Exceptional Circumstances Exception vs Exemption Excluding Sleep Time Exclusive Remedy Executive Exemption Exempt Employees Exemptions Exempt Status Exempt Time Exhaustion of Administrative Remedy Exotic Dancers Expeditor Experts Expert Testimony Extended Notice Period Extern Externships Extraordinary Circumstances FAA Facebook Facially Neutral Fact Witnesses Failure To Disclose Claims In Bankruptcy Failure to Hire Failure to Pay in Timely Fashion Failure to Pay On Time Failure to Post FLSA Notice Failure to Take Reasonable Actions Fair Labor Standard Act Fair Labor Standards Act Fair Labor Standards Action Fair Labor Stardards Act Fairness Fair Playing Field Act of 2010 False Imprisonment Family Dollar Family Medical Leave Act Faragher Farmer Farmers Insurance Farming Farming Operations Farmworkers Fair Labor Practices Act FCRA Fed.R.Civ.P. 10(a) Fed.R.Civ.P. 23(b)(3) Fed.R.Civ.P. 26(b)(1) Fed.R.Civ.P. 34 Fed.R.Civ.P. 41(a)(1)(A)(ii) Fed.R.Civ. P. 43 Fed.R.Civ.P. 68 Federal Arbitration Act Federal Aviation Act Federal Court Federal Register Federal Rule of Civil Procedure 23(b)(3) FedEx Fee Basis Fee Shifting Fee Splitting Field Coordinator Field Managers Field of Science or Learning Fifth Circuit Final Regulations Final Rule Final Rule Domestic Service FINRA FINRA Rule 13204 Firefighters Fire Suppression and Prevention First-Filed First-Filed Rule First Circuit Five Hundred Thousand Dollars Fixed Amount as Straight Time Pay Fixed Salary Flex Time Flight Attendants Florida Constitution Florida Minimum Wage Florida Unpaid Wages Florida Wage Law FLSA FLSA-Protected Activity FLSA Collective Action FLSA Collective Action Waiver FLSA Consent to Join FLSA Coverage FLSA Employee FLSA employee misclassification FLSA Employer FLSA Exemptions FLSA Minimum Wage FLSA Opt-in Lawsuit FLSA Overtime FLSA overtime claim FLSA Preemption FLSA Protections FLSA recordkeeping requirements FLSA Retaliation FLSA Settlement Approval FLSA Settlements FLSA Standing FLSA Statute of Limitations FLSA time-shaving FLSA Workweek FLSA Work Week Fluctuating Workweek Fluctuating Work Week FMLA Food in Lieu of Wages Food Service Foot Locker Forced Arbitration Foreign-flagged Ships Foreign Country Foreign Work Exemption Form of Consent to Join Form of Notice Form WH-58 Fourth Circuit Four Year Degree Franchisee franchise workers Franchisor FRCP 8 FRCP 9(b) FRCP 10(a) FRCP 15(b) FRCP 23 FRCP 26(c) FRCP 41(a) FRCP 68 FRE 702 Full Damages Full Relief Function Test FWW GAO Study Gap Time Garment Workers Garnishment Gas Gawker General Household Work General Manager General Release Genesis Genesis Healthcare Corp. Genesis HealthCare Corp. v. Symczyk Georgia EDS Overtime Case Gilmer Good Cause Good Cause Showing Not Required Good Faith Government Accountability Office Governmental Job Government Informer Privilege Gratuities Green Card Grievance Gross Annual Sales Gross Vehicle Weight Gross Vehicle Weight Rating Gross Volume of Sales or Business Done Group Home Group Homes Guest Worker Guest Workers Gulf Oil Co. v. Bernard GVWR H-2B Visa Handling Clause Handling Goods HCE Health Care Reform Law Heavy-Duty Cleaning Company Helicopter Pilots Helix Helix Energy HHA HHAs Highly-Compensated Employee Highly Compensated Employees Hilda Solis Hire/Fire Hire and Fire Hoffman Plastic Home Care Workers Home Health Aides Home Health Workers Home Health Worker Wages Hour-by-Hour Hourly Paid Hourly Plus Hourly Rates Hourly vs. Salary Hours of Work Hours Worked Household Workers Hybrid Action Identity of Witnesses Idle Time IHSS Illegal Aliens Illegal Deductions Illegal Enterprise Immigrant Workers Immigration Status Impermissible Deductions Impermissible Waiver Impleader Implied Waiver Improper Communications Improper Employer Communications In-Home Care Inc. Inc. v. Dukes Incentive Pay Incentives Incidental-to-Air Exemption Incident to or or in Conjunction With Farmng Operations Inclusion of Buy-Back Indemnification Indemnity Claim Under the FLSA Independent Contractor Independent contractor classification Independent Contractor Misclassification Independent Contractor vs Employee Indian Reservation Indicia Indispensible Individual Arbitration Individual Capacity Individual Claim Individual Coverage Individual Defendants Individual Discovery Individualized Damages Individualized Discovery Individual Liability Under the FLSA Individual Plaintiff Informal Complaint Informal Complaints Informal Input Informal Recommendations Informer Privilege Inherent Incompatability Innocent Purchaser In Pari Delicto In re Novartis Wage and Hour Litigation Inside Sales Inspectorate Installment Settlement Institution Institutions Insurance Agency Insurance Broker Overtime Insurance Brokers Insurance Investigators Integral Integral and Indispensable Integrity Staffing Solutions Interest of Fairness Internal Complaint Internal Complaints Internal Policy Interns Internships Interpretation and Application of the FLSA Interrogatories In Terrorem Effect Interstate Commerce Interstate Trips Intertek Intracompany Complaint Intrastate Trips Investigator Involuntary Audit Iowa IRCA Irrebuttable Presumption IRS Issue of Fact Issue of Law IT Employees Jane Doe Jane Roe Jet Blue JNOV Job Applicant John Doe Johnson & Johnson Joint Employees Joint Employer Joint Employers Joint Employment Joint Enterprise Judgment Judgment and Discretion Judicial Access Judicial Approval Judicial Bias Judicial Delay Judicial Economy Judicial Estoppel Jury Instruction Jury Question Jury Verdict K-9 K.R.S. § 337.285 Kagan dissent Kasten Kentucky Wage and Hour Law Kick-Backs Kickbacks Knepper v. Rite Aid Corp. Knowing Waiver KPMG Kuebel v. Black & Decker Inc. L.L.C. labor Labor Budgeting Policies Labor Management Relations Act Lacking Retail Concept LA County Lactation Breaks Last Paycheck Late Opt-ins Late Paycheck Late Payment law Law Degree Law School Graduate Learned Professional Learned Professional Exemption Leave to Amend Legal Malpractice Legal Status of Opt-in Plaintiffs Legitimate Business Purpose Liberal Construction Licenced and Practicing in the Field of Medical Science Lie Detector Life Insurance Agent Life Insurance Brokers Likelihood of Interstate Trips LinkedIn Liquidated Damages Living Wage LLC LMRA Loader Loading and Unloading Tools Loan Location of Depositions Lodging Longevity Pay Los Angeles Louisville Firefighters Low-Wage Workers Lowe's LPN Lunch Lynn's Food Lynn's Foods M.D.Fla. Maintenance Director Majority of Work Time Making Sales Malpractice as Basis of FLSA Liability Management Management Employee Management of Collective Action Managers Mandatory Arbitration Mandatory Attorneys Fees Mandatory Service Charge Maritime Marketing Martin v. Spring Break '83 Productions Maryland Wage and Hour Law Massachusetts Massachusetts Tips Law Massachusetts Trial Court Materials Matters of Significance Maître D' MCA MCA Exemption McNamara-O'Hara Service Contract Act Meal Breaks Meals Measurement of FLSA Compliance Measuring Damages Measuring Minimum Wage Mechanic Merits Not Considered Merryday Miami-Dade Wage Theft Ordinance Miami Overtime Law Michael Mahoney Middle District of Tennessee Miller Act Minimum Wage Minimum Wage Law Minimum Wages Minimum Wage Violation Minimum Wage Violations Minimum Wage Workers Minor v. Bostwick Laboratories Mirror-Image Counterclaims Misclassification Misleading Misleading Communications Missel Mitigation Mixed Fleet MLO MLOs Money Damages Moot Mootness Morgan & Morgan Mortgage Brokers Mortgage Loan Officers Mortgage Underwriters Motion for an Order Approving Distribution of a Memorandum to Opt-ins Motion for Approval Motion for Attorneys Fees Motion for Conditional Certification Motion for Decertification Motion for More Definite Statement Motion for Separate Trials Motion for Stay Motion in Limine Motion to Allow Late Opt-ins Motion to Compel Motion to Compel Arbitration Motion to Compel Entry Into Facility Motion to Dismiss Motion to Open and Close Evidence Motion to Proceed Anonymously Motion to Strike Motion to Toll Statute of Limitations Motor Carrier Motor Carrier Act Motor Carrier Act Exemption Motor Carrier Exemption Multidistrict Litigation Multidistrict Panel Municipal Contracts Municipal Employee Mutual Aid or Protection MWA MWHL N.D.Cal. N.J.S.A. § 34:11-4.1 Named-Plaintiff Names Nanny Narcotics Detection Dog National Employment Law Project National Labor Policy Necessity of Court Approval NELA NELP Nevada Nevada State Wage and Hour Claims Nevada Wage and Hour Law New Jersey New Jersey Labor Department New Jersey Wage and Hour Law New Jersey Wage Law New Regulations New Rule news New Salary Rules Newspaper New York New York City New York EDS Overtime Case New York Labor Law New York Times New York wage claims Nine- and Ten- Person Passenger Vans Ninth Circuit NJ Labor Department NJWHL NJWL NLRA NLRA Section 7 NLRB No Advanced Degree Non-Compensable Non-Disparagement Non-Enforcement Non-Exempt Non-Exempt Case Managers Non-Exempt Employees Non-FLSA Claims Non-Jurisdictional Non-Overtime Bonuses Non-Payment Non-Profit Non-Reemployment Non-Reemployment Clause Non-Tipped Employees Non-Waiver Noncompensable Nonexempt Nonproductive Time Norma Jean’s Nite Club Notice Notice Language Notice Motion Notice of Intent to Proceed as Collective Action Notice of Pendency Notice of Proposed Rulemaking Notice of Tip Credit Notice Package Notice Period Notice Requirement Notice Via Social Media Notice Warning Novartis NPRM Number of Employees Nurse Case Managers Nurse Case Managers Overtime Pay Nursery Nursing Mothers NYLL NYLL. Arming Up NYLL § 196-d NY Times Obama Objective Objective Good Faith Obtaining Releases from Class Members Off-Duty Care and Training Off-the-Clock Off Duty Hours Offer of Judgment Offer of Judgment Cannot Moot FLSA Case Offer of Settlement Offer of Settlement Absent Right to Enter Judgment Office or Non-Manual Work Official Capacity Offset Offsets Off The Clock Work OGC Inspectors OJ On-call Time On a Farm Onyx Opening and Closing Opt-in Opt-in Consent Opt-in Depositions Opt-in Notice Opt-in Period Opt-in Plaintiff Opt-in Plaintiff Status in FLSA Case Opt-ins Opt-out Class Action Oral Complaint Order of Proof Oregon Oregon Minimum Wage Oregon Tort Claims Act Original Jurisdiction OTCA Other Facilities Out-of-State Out-of-State Communications Outside Sales Outside Sales Exemption Overbroad Overnight Motor Overnight Motor Transportation Co. v. Missel Overnight Shifts Overtiime Law Overtime Overtime Class Action Overtime Collective Action Overtime Damages Overtime Exemptions Overtime for Nurse Case Managers Overtime Hours Overtime Law Overtime Laws Overtime Lawyer Overtime Misclassification Overtime Pay Overtime Rule Overtime Violations Owner Owner-Operator Owner as Employee Owners Oxford Health Plans LLC v. Sutter PA Paid Breaks Paid Breaks Not Offset Paid Lunches Palacios v. Boerhinger Ingelheim Pharmaceuticals Paralegal Paramedics Part-Owner Partial Liquidated Damages Partsman Patient Protection and Affordable Care Act Payday Pay Increases Pay Records Payroll Manager Payroll Records Pay Structure Penalties Pending Pennsylvania Pennsylvania Minimum Wage Act Pennysylvania Wage and Collection Act PEO Per Diem Perez v. Mortgage Bankers Assn. Performance Fees Permissible Offsets Permit and Suffer Personal Bankers Personal Protection Equipment Personnel Decisions Pervasive Release Petition for Cert Pharmaceutical Reps Pharma Reps Phone Numbers Physical Therapist Physician Assistant Pick Off Pickup Truck Piece Rate Pin Ups Pizza Hut Delivery Drivers Pleading Pleading Standards PMWA Police Cooperation Police Dog Police Lieutenant Police Officers Police Uniforms Portable Data Transmission Portal-To-Portal Act Posner Possession Post-Judgment Collection Post-Notice Communications Postliminary Activity Postliminary Work Potential Class Member Potential Collective Action Member Potential Harm PPACA PPE Practical Administrative Difficulty Practical Training Pre-Certification Pre-Certification Communications Pre-Notice Pre-shift work Precertification Preclusion of Rule 23 Claims Predominance Predominant Benefit Test Preemption Prejudgment Interest Prejudice to Potential Opt-ins Preliminary Activity Preliminary Injunction Preliminary Work Premium Pay Prerequisites to Collective Action President Obama Presuit Settlement Prevailing Party Prevailing Plaintiff Prevailing Wages Prima Facie Case Primarily Engaged in the Business of Selling Such Vehicles Primarily Engaged in the Care Primary Benefit Primary Benefit Test Primary Duties Primary Duty Principal Activity Principle Activities Prior Action Prior Claims Prior Lawsuit Prisoners Private Cause of Action Private Quarters Private Settlement Probert v. Family Centered Services of Alaska Product Design Specialist Production Production Employees Products Professional Employer Organization Professional Exemption Professional Liability Prohibitions on Communications Prolonged Course Of Specialized Intellectual Instruction And Study Promotion Promotions Proposed Regulations Proposed Rule Proposed Rulemaking Pro Se Plaintiff Protected Activity Protective Gear Protective Order Prudential Overtime Class Action Pseudonym PSR PSRs PT Public Agency Public Highways Public Policy Public Safety Exemption Punitive Damages Putative Class Putative Class Members Putative Collective Action Putative Collective Action Member Quality Staffing Services Corporation Questionnaire R.I. Gen. Laws § 28-12-1 et seq. Railway Labor Act Railway Labor Act Exemption Raises Raniere v. Citigroup Inc. Raw Agricultural Goods RCW RCW 49.46.130(1) Re-opening Discovery Real Estate Broker Reasonable Attorney's Fees Reasonabless Recommendations Recommended Tip Reconsideration Record-Keeping Violations Recording Overtime Recording Time Recordkeeping Recordkeeping Burden Recordkeeping Rule Recreational Marijuana Recruiters Recruitment Expenses Recusal Registered Nurse Regular Pay Period Regular Rate Regular Workweek Regulations Reimbursement Relation Back Release Releases Invalidated Relevance Remand Remedial Purpose Repayment Reporters Representative Discovery Representative Plaintiffs Required Res Judicata Restaurants Restaurant Workers Restrictions on Class Communications Restrictions on Communications With Putative Class Members Retail and Service Establishment Retail Business Retail Concept Retail Establishment Retail Exemption Retail or Service Exemption Retaliation Retroactive Applicability Return of Tips RFID Study Rhode Island Rhode Island Minimum Wage Act RLA RLA Exemption RN Roberto Donna Room and Board Rounding Rounding Claims Rounding Down Rounding Policy Rule 8 Rule 12(b)(6) Rule 19 Rule 23 Rule 26 Rule 37 Rule 41 Rule 41(a) Rule 68 Rulemaking Rulemaking Authority Ryskamp S-Corporation S.D.N.Y. SAFETEA-LU Sahyers Salaried Employees Salaried Misclassified Salary Salary Basis Salary Misclassification Salary Threshold Sales Salesman Sales Representative Sanctions Santos v. Lidl Saving Clause Savings Clause SCA Scheme To Avoid Paying Overtime Schering School Bus Drivers Scope of Discovery Scott v. City of New York SCOTUS Seaman's Wage Act Seaman Exemption Secondary Agricultural Exemption Second Circuit Second Filed Action Secretary of Labor Secretary of Labor's Interpretation Secretary of Transportation Secretary Perez Section 7 Section 7 Rights Section 8(a)(1) of the National Labor Relations Act Section 207(e)(2) Section 301 Securitas Security Guards Security Screening Security Screenings Self-Critical Analysis Privilege Self-Evaluation Privilege Separate And Independent Employer Servers Wages Service Changes Service Contract Act Set-off Settlement Settlement Agreement Settlement Approval Settlements Settlement With Co-Defendants Seventh Circuit Severability Clause Severance Severance Agreement Severance Payment Shift Differentials Shortened Statute of Limitations Sick Leave Sick Leave Buy-Back Silence as to Class Waiver Silence in Arbitration Agreement Silence in Collective Bargaining Silent Similarly Situated Simultaneous Employment Simultaneous Owner Employee Singular Workweek Sixth Circuit Skidmore Skycaps Slavery Sleep Time SmithKline Beecham Social Media Social Security Numbers Social Workers SOL Soleley At The Firefighter's Own Option Soliciting Orders Solis v. Tyson Solis v. Washington South Carolina Sovereign Immunity Special Detail Exemption Special Investigators Spoliation Sprint Staffing Agencies Staffing Agency Staff Leasing Company Stage 1 Stage 2 Stage I Stage II Standard on Motion for Decertification Standing Standing of Named Plaintiffs Starbucks State's Rights State Court State Employees State Law State Law Claims State Law Wage and Hour Class State Minimum Wage Laws State Rights Status of Opt-in Plaintiffs Statute of Limitations Statutory Notice Step Outside Normal Job Role Stipulation of Dismissal Stipulations Stock Broker Overtime Class Action Stolen Tips Stolt-Nielsen Stolt–Nielsen Store Manager Store Managers Straight Time Straight Time Overtime Stress Strippers Student-Workers Students Subclaims Subclass Subclasses Subcontractors Subjective Belief Subjective Good Faith Subject Matter Jurisdiction Substantive Right Substantive Statutory Rights Successor in Interest Successor Liability Suffer or Permit Summary Judgment Summary Judgment as to Individual Plaintiffs SuperShuttle Supervise Supplemental Jurisdiction Supplemental Notice Supreme Court Sutherland Sutter Sutter v. Oxford Health Plans LLC Syllabus Symczyk Symczyk v. Genesis HealthCare Corp. T. William Lester Taxicab Exemption Tax Services TCA Technical Corrections Act Technology Workers Teed v. Thomas & Betts Power Solutions Telecommunications Temporary Nonagricultural Workers Temporary Restraining Order Tender Tenth Circuit Test for Joint Employer Test for Successor Liability Under FLSA Thesholds Third-Party Beneficiary Third-Party Payroll Vendor Third-Party Plaintiff Third Circuit Thomas Three-Year Statute of Limitations Threshold Through Ticketing Time and a Half Time and Motion Study Timekeeping Time Records Timothy P. Glynn Tip Tip Credit Tip Credit Damages Tip Damages Tipped Employee Tipped Employees Tipped Employees Claims Tipped Minimum Wage Tip Pool Tip Pooling Tip Pool Participants Tip Retention Tips Title II of the Railway Labor Act Tolling Tolling of Statute of Limitations Tolling Statute of Limitations Tom Harkin Total Annual Compensation Tow Truck Trailer Training Costs Training Time Trash Collectors Travel Expenses Travel Time Trial Testimony TRO Truck Driver Truck Drivers Trump Trump DOL Tumbler Twenty-Eight Day Work Period Twenty Minutes Twitter Two Employees Twombly Tyson Foods U.S. Department of Labor U.S. Territories UCLA Study Ultra Filtrated Milk Ultra Filtration Unaccepted Offer of Judgment Unauthorized Aliens Unclean Hands Unconscionability Unconscionable Under Seal Underwriter Overtime Pay Undocumented Undocumented Aliens Undocumented Immigrants Undocumented Workers Unenforceable Union Union Wages Unjust Enrichment Unpaid Breaks Unpaid Exterships Unpaid Gratuities Unpaid Internships Unpaid Overtime Unpaid Overtime Lawsuit Unpaid Wages Unpaid Wagse Unpaid waiting time Unreachable Class Members Unrealized Revenues Unrepresented Untimely Unwaivable Updated Regulations Updating Regulations Urnikis-Negro Uronis v. Cabot Oil & Gas Corp. Used Cars USSC Vacation Buy-Back Variable Pay Varying Straight Time Pay Vehicle Expense Reimbursements Vehicle Expenses Venue Veracity Research Verbal Complaints Videoconference Testimony Videoconferencing Violators Virginia Visa Visa Expenses Voiding Collective Action Waivers Voluntary Settlement Volunteer Volunteer Firefighter W.D.Va. W2 Wachovia Overtime Class Action Wage Abuses Wage and Hour Wage and Hour Class Action Wage and Hour Division Wage and Hour Law Wage and Hour Laws Wage and Hour Lawsuit Wage and Hour Opinion Letters Wage Discrimination Wage Growth Wage Rates Wages Wage Theft Waiting Time Waiver Waiver Absent Arbitration Waiver of Affirmative Defenses Waiver of Attorney-Client Privilege Waiver of Privilege Wal-Mart Wal-Mart ASM's Wal-Mart Overtime Lawsuit Wal-Mart Settlement Wal-mart Stores Wal-Mart Wage and Hour Violations Walden v. State of Nevada Walk Time Walmart Walmart Suppliers Washington Minimum Wage WH-58 Receipt Form WHD White Collar Exemptions Wildland Firefighting Willfulness Wis. Stat. §§ 109.03 Woody Woo Work Work-Study Program Worker Misclassification Workers' Health Work Hours Working Hours Working Papers Work Materials Work Time Workweek Work Week WPCA Wrecking Services Written Consent to Join FLSA Lawsuit Written Notice Wynn Las Vegas Yard Hostler Zheng v. Liberty Apparel Co. Zinni § 203(o) § 203(r)(2)(C) § 207(a)(1) § 207(i) § 207(k) § 215 § 216 § 216(b) § 255(a) § 541.304 § 778.105 § 778.114 § 779.317

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 Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., exempting from the FLSA’s overtime requirements any employees who fall under the jurisdiction of the Secretary of Transportation under the Motor Carrier Act (“MCA”). The district court found Appellants to be eligible for this “motor carrier” exemption and therefore granted the portion of ACLM’s motion for summary judgment addressing Appellants’ claims for overtime wages. After reviewing the record and the parties’ briefs and hearing oral argument, we AFFIRM the grant of summary judgment.

The Court stated the relevant facts to its inquiry as follows:

“ACLM is a private motor carrier providing for-hire ground transportation for passengers that holds itself out to be an “interstate” motor carrier. It is licensed with the United States Department of Transportation (“DOT”), holds all the authorizations from the Federal Motor Carrier Safety Administration (“FMCSA”) necessary to be an interstate passenger motor carrier, and has been issued a DOT number. Since 2004, federal transportation agencies have audited ACLM at least twice, on at least one occasion in combination with Florida authorities. ACLM also requires its drivers to meet DOT safety standards, which Florida has adopted as well. See
Fla. Stat. § 316.302. ACLM does not pay its drivers overtime wages.

ACLM primarily provides transportation within the state of Florida, though some of its business is between Florida and other states. Much of ACLM’s revenue comes from shuttling cruise ship passengers between the Miami and Fort Lauderdale airports and local hotels and cruise ship ports. Since September 2006, ACLM has had a written contract to be the sole provider of such transportation for Royal Caribbean Cruise Lines (“Royal Caribbean”) during daytime hours. ACLM asserts that between April 2006 and December 2007 it transported more than 500,000 Royal Caribbean passengers, trips that resulted in over $4.4 million in revenues. Appellants contend that there is no proof that ACLM provided such transport prior to September 2006, though they appear not to dispute the total revenue figure. In addition to this written arrangement with Royal Caribbean, ACLM maintains that it earned over $700,000 from earlier informal agreements to provide similar shuttle transportation for Costa Cruises and Princess Cruises. Appellants likewise dispute the existence of such arrangements.

Under ACLM’s contract with Royal Caribbean, it provides ground transportation for passengers who book vacation packages through travel agents or Royal Caribbean. For those passengers, ground transportation is included as part of the overall package and is not priced or itemized separately. Passengers who do not pre-purchase ground transportation can request shuttle service when they arrive at the airport or cruise ship terminal, which will then be charged to that passenger’s Royal Caribbean account.  Under the agreement, Royal Caribbean provides ACLM with weekly manifests listing the expected time, date, and number of passengers for each shuttle trip. Royal Caribbean employees greet passengers on arrival, contact ACLM when a bus is required, and collect vouchers from passengers before they board the bus. Royal Caribbean does not keep the vouchers nor does it give them to ACLM; rather, it gives ACLM a “load slip” with a head count for each trip. ACLM then uses these load slips to invoice Royal Caribbean for the trips. The agreement stated that ACLM would receive payment only if a passenger actually boarded the bus, with Royal Caribbean deciding whether to pay based on a per-person or per-bus rate. FN2 As a result, ACLM receives all of its payments from Royal Caribbean, rather than the passengers.

In addition to these local shuttle services, ACLM also provided other forms of in-state and out-of-state motor coach transportation, including driving shuttle bus routes at the University of Miami. Between 2004 and 2007, ACLM drivers made at least 148 trips that involved out-of-state travel, some for as long as 90 days. Both parties agree that approximately $1.7 million, or 4.06% of ACLM’s total revenue during that period, came from these out-of-state trips and that about 19% of its drivers made such trips. There appear to have been 75 ACLM drivers who made out-of-state trips during the time frame, which constitutes 19.08% of the 393 drivers employed by ACLM for that period.FN5 Nine of the 63 Appellants (14.29%) made out-of-state trips for ACLM, and Appellants spent less than 286 days on such trips during the period in question. ACLM does not keep records of how many trips its drivers make on a daily or annual basis, and there is no solid evidence regarding how many overall trips ACLM drivers made between 2004 and 2007 nor of what percentage of those trips involved out-of-state travel. One ACLM executive agreed that 10,000 total trips a year would be a reasonable estimate. He stated that, if this estimate were correct, then around 100 of those trips would involve out-of-state travel, which would mean that approximately 1% of ACLM’s total trips were out of state.”

After finding that the Defendant was a “motor carrier” the Court turned its inquiry to that of whether Plaintiffs were covered by the MCA. “Courts are ‘guided by practical considerations’ in determining whether an employee’s activities would be part of interstate commerce for purposes of the FLSA. Marshall v. Victoria Transp. Co., Inc., 603 F.2d 1122, 1123 (5th Cir.1979) (quotation marks and citation omitted). “When persons or goods move from a point of origin in one state to a point of destination in another, the fact that a part of that journey consists of transportation by an independent agency solely within the boundaries of one state does not make that portion of the trip any less interstate in character.”United States v. Yellow Cab Co., 332 U.S. 218, 228, 67 S.Ct. 1560, 1566, 91 L.Ed. 2010 (1947), overruled on other grounds by Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752, 104 S.Ct. 2731, 81 L.Ed.2d 628 (1984). As a result, purely intrastate transportation can constitute part of interstate commerce if it is part of a “continuous stream of interstate travel.” Chao v. First Class Coach Co., Inc., 214 F.Supp.2d. 1263, 1272 (M.D.Fla.2001). For this to be the case, there must be a “practical continuity of movement” between the intrastate segment and the overall interstate flow. Walling v. Jacksonville Paper Co., 317 U.S. 564, 568, 63 S.Ct. 332, 335, 87 L.Ed. 460 (1943); see also Bilyou v. Dutchess Beer Distribs., Inc., 300 F.3d 217, 223 (2d Cir.2002) (applying this standard in analyzing applicability of motor carrier exemption).

In Marshall, we addressed a city bus service in Brownsville, Texas, which often transported people who had walked across the Mexican border before boarding the bus. See Marshall, 603 F.2d at 1123-24. We characterized the transportation of people making international journeys as “a regular, recurring and substantial part” of the bus drivers’ overall workload. Id. at 1125. Because the drivers’ work thereby was “entwined with a continuous stream of international travel,” we concluded that the drivers were engaged in interstate commerce, even though their routes were solely intrastate. Id. The Supreme Court reached a similar conclusion in United States v. Capital Transit Co., 338 U.S. 286, 70 S.Ct. 115, 94 L.Ed. 93 (1949). That case involved a bus service that drove routes within the District of Columbia that took commuters to locations where they then could board buses bound for Virginia. See id. at 288, 70 S.Ct. at 116. The Court found that the Interstate Commerce Commission (“ICC”) had regulatory authority under the MCA over those intra-district bus routes because they were “part of a continuous stream of interstate transportation” and thus formed “an integral part of an interstate movement.” Id. at 290, 70 S.Ct. at 117.

These cases indicate that ACLM’s airport-to-seaport routes would come under the Secretary’s MCA jurisdiction. Its shuttle trips share a practical continuity of movement with the interstate or international travel of the cruise lines and their passengers, just as the Brownsville bus routes did for their riders’ cross-border journeys. For cruise ship passengers arriving at the airport or seaport, ACLM’s shuttle rides would be part of the continuous stream of interstate travel that is their cruise vacation. The Royal Caribbean patrons in particular would have no reason to have any alternate view since the fee for the shuttle ride would either be bundled as part of their cruise vacation package or would be included on the bill for their Royal Caribbean shipboard account.”

The Court shot down each of Plaintiffs arguments that they were not subject to the MCA. The Court said: (1) application of the MCA did not require travel in interstate trips; (2) the incidental-to-air exemption was inapplicable; and (3) Defendants were not required to have a “through-ticketing” arrangement with the cruise line to argue that the passengers were all moving in the continuity of interstate commerce.

Therefore, the Court found that under the circumstances, the bus drivers were not entitled to the benefits of the FLSA, because they were exempt under the Motor Carrier Act (MCA) exemption to the FLSA.

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