motor carrier exemption

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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 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 …

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 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…

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…