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Although applicability of the Motor Carrier Act (MCA) exemption from overtime is predicated on “interstate commerce,” interstate commerce can include wholly intrastate travel by a covered employee when shipped in a “practical continuity of movement” across state lines. A new opinion highlights this doctrine. Kennedy v. Equity Transp. Co., 2015 U.S. Dist. LEXIS 143565…

Following the Second Circuit’s clarification that an FLSA plaintiff must provide “sufficiently developed factual allegations” regarding hours worked (DeJesus v. HF Mgmt. Servs., LLC, 726 F.3d 85, 89-90 (2d Cir. 2013)), District Courts both within and outside the Circuit have sought to apply that standard to Fair Labor Standards Act complaints.  In one…

Of the FLSA’s many highly technical exemptions from overtime, one that can require a detailed regulatory and factual analysis to properly apply, is the motor carrier exemption. In a new decision highlighting one of technical aspects of the exemption, the United States Court of Appeals for the Eighth Circuit ruled that the proper measure of…

In a short order following oral argument, Judge Juan R. Sanchez of the Eastern District of Pennsylvania denied an FLSA defendant’s motion for summary judgment seeking a ruling that it properly classified its delivery couriers as independent contractors under the FLSA.  Spellman, et al. v. American Eagle Express, Inc., E.D. Pa., No. 10-cv-1764.

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The highly technical application of the motor carrier exemption to the FLSA’s overtime payment requirement often requires an analysis of the goods being transported by the purported motor carrier. If the goods in question are still traveling in the “continuous stream of interstate travel,” triggering Department of Transportation jurisdiction over the motor carrier, the exemption …