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
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Motor Carrier Exemption Still Has Its Twists and Turns
By Noel P. Tripp & Jeffrey W. Brecher on
Posted in Exemptions
The motor carrier exemption is one of the original exemptions contained in the 1938 Fair Labor Standards Act. But seventy years later courts continue to clarify its contours. In just the past few months, several decisions have addressed the exemption—some addressing basic threshold issues and others addressing changes made by dizzying legislation passed between 2005-2008…