motor carrier act

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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…

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 …

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…

The FLSA’s highly technical motor carrier exemption applies to certain employees of motor carriers regulated by the Department of Transportation whose work affects the transportation of goods in interstate commerce. In addition to qualifying drivers, the exemption applies to mechanics, driver’s helpers, and also to “loaders,” who balance the cargo in motor carrier vehicles, thereby affecting…

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…