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
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
UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more
Seyfarth Synopsis: Recently, the U.S. Court of Appeals for the Fifth Circuit ruled that a crane mechanic who performed some work on a truck chassis came within the purview of the Motor Carrier Act exemption to the Fair Labor...more
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
The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules). The...more
On November 10, 2020, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (Division) published the final Colorado Overtime and Minimum Pay Standards Order Number 37 (COMPS Order 37),...more
Seyfarth Synopsis: The Motor Carrier Act exemption to the FLSA (“MCE”) is a powerful defense against overtime claims brought by interstate truck drivers and others involved in the interstate shipment of goods....more
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
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more
Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or...more
In a new decision, the first on the subject by a federal appellate court, the Third Circuit has ruled in McMaster v. Eastern Armored Services Inc. that drivers who spend a portion of their work driving “covered” commercial...more