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Motor Carrier Act Interstate Commerce

BakerHostetler

5th Circuit: Motor Carrier Act Applies to Intrastate Transport of Goods in the Flow of Interstate Commerce

BakerHostetler on

The Fair Labor Standards Act (FLSA) requires that employers pay certain employees one-and-a-half times their regular rate of pay for any hours they work over 40 in a workweek. There are, however, several exemptions from the...more

Fox Rothschild LLP

Interstate Commerce And The Motor Carrier Exemption: The Doctrine Of Practical Continuity

Fox Rothschild LLP on

I am a big student of the FLSA motor carrier exemption and have handled many such cases. I often find that a big obstacle for the employer claiming the exemption is to prove that the drivers are engaged in “interstate...more

Fox Rothschild LLP

Doctrine Of Practical Continuity Tested Again In Case Involving FLSA Motor Carrier Exemption

Fox Rothschild LLP on

I have always been interested in the Motor Carrier Act (MCA) exemption of the Fair Labor Standards Act, 29 USC 213(b)(1), especially in the doctrine of “practical continuity” which is one of the ways that interstate commerce...more

Benesch

Federal Preemption, Brokers and Cargo Claims - A Primer and Update

Benesch on

U.S. Constitution - Article VI: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall...more

Seyfarth Shaw LLP

Court Puts the Brakes on Overtime for Drivers—No Interstate Trips? No Problem!

Seyfarth Shaw LLP on

The Third Circuit put a screeching halt to the contention that drivers must actually cross state lines to be exempt from overtime under the Motor Carrier Act (“MCA”). In Resch v. Krapf’s Coaches, Inc., the court ruled that...more

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