PHILADELPHIA — A former armored car driver who is the representative plaintiff for a class of drivers settled her suit against a former employer, Eastern Armored Services Inc. The driver alleged that Eastern violated the Fair Labor Standards Act (FLSA) and failed to pay the covered class overtime as required. The suit alleged that Eastern wrongly classified employees as exempt from FLSA under the Motor Carrier Act Exemption.
Motor Carrier Act Exemption
FLSA provides an overtime exemption for employees who are within the authority of the Secretary of Transportation to establish qualifications and maximum hours of service pursuant to Section 204 of the Motor Carrier Act of 1935. This applies to employees who:
- Are employed by a motor carriers who provide motor vehicle transportation for compensation, or motor private carriers who transport property by motor vehicle who also own or lease the property being transported for sale, lease, rent, or to further a commercial enterprise;
- Are drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce;
- Do not work with vehicles weighing 10,000 pounds or less, except vehicles designed to transport more than eight passengers, including the driver, for compensation, or transports 15 passengers not for compensation, or vehicles that transport hazardous materials.
Additionally, the transportation involved in the employee’s duties must be in interstate commerce (either across state or international boundaries) or connect with an intrastate terminal (rail, air, water, or land) to continue an interstate journey of goods. Additionally, even if employees have not made an actual interstate trip, the exemption may still apply if the employer is shown to have an involvement in interstate commerce and the employee could reasonably have been expected to make an interstate journey.
Exception to the Motor Carrier Act Exemption
In this case, a federal district court earlier ruled that the plaintiff was not barred from collecting overtime pay under the exemption because on 49 percent of the days that she worked for Eastern, she was at the wheel of a noncommercial vehicle that weighed less than 10,000 pounds. Eastern appealed, the appellate court ruled that the plaintiff met an exception under the SAFETEA-LU Technical Corrections Act that enables drivers, mechanics, and other transportation workers who were previously exempt to receive overtime pay if their work partly involves noncommercial vehicles.
If you or someone you know is not being paid overtime as required by FLSA or state laws, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing so it is important that you call our experienced attorneys today.