News & Analysis as of

Over-Time Motor Carrier Act Wage and Hour

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

Jackson Lewis P.C.

Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes

Jackson Lewis P.C. on

Although the plaintiff cable technicians, who were paid by the completed job and not by the hour, were covered employees under the Fair Labor Standards Act (FLSA), they nonetheless were bona fide commissioned employees and...more

Littler

Colorado Department of Labor Makes a U-Turn on Motor Carrier Exemption

Littler on

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 Shaw LLP

No Buyer? No Problem. 11th Cir. Affirms Application Of Motor Carrier Act Exemption To Intrastate Drivers Even If Final Recipient...

Seyfarth Shaw LLP on

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

Bracewell LLP

Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof

Bracewell LLP on

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

Littler

Fifth Circuit Weighs in on Motor Carrier Act Overtime Exemption and Small Vehicle Exception

Littler on

It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more

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