Rejecting a challenge to Motor Carrier Act exempt status, Judge Keith P. Ellison of the Southern District of Texas recently ruled that drivers for a meat distribution company were subject to DOT regulation and engaged in interstate commerce driving trucks with gross vehicle weight excess of 10,000 pounds and thus exempt.  Vanzzini v. Action Meat

The requirements of the FLSA’s motor carrier exemption have been historically difficult to apply. This is particularly true after the 2005 enactment of SAFETEA-LU, a federal transportation bill that unintentionally modified the definition of a qualifying motor carrier, and the subsequent passage of the 2008 Technical Corrections Act, an amendment to SAFETEA-LU clarifying the latter’s impact