Tag Archives: driver

Federal Court Finds Intrastate Travel Part of “Stream of Commerce,” Applies Motor Carrier Exemption to Truck Driver

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 (N.D.N.Y … Continue Reading

Eastern District of New York Senior Judge Deems FLSA Allegations Of Overtime, Contractor Misclassification Inadequately Pled

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 … Continue Reading

Eighth Circuit: Vehicle Weight of “Motor Carrier” Determined By Manufacturer Ratings, Not Actual Weight

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 a … Continue Reading

Pennsylvania Federal Court Finds Classification of Couriers as Employees or Independent Contractor To Be Question of Fact

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. In so ruling without … Continue Reading

Specialty Importer’s Orders of Foreign Baked Goods From Overseas Were In The Stream of Commerce, Qualifying Delivery Employees For Motor Carrier Status

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 may … Continue Reading

Eleventh Circuit Confirms: DHL Not Joint Employer of Contractors’ Couriers

In the latest judicial analysis of wage-and-hour plaintiffs’ ongoing quest to hold larger entities liable as “joint employers” of a vendor’s employees, the Court of Appeal for the Eleventh Circuit has affirmed DHL Express’ victory in an Alabama federal court on this issue. Layton v. DHL Express United States, 2012 U.S. App. LEXIS 13978 (11th Cir. … Continue Reading
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