News & Analysis as of

Exemptions Motor Carriers

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

Holland & Knight LLP

FMCSA Expands Hours of Service and Other Exemptions in Response to COVID-19

Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency declaration that exempts motor carriers and drivers from federal regulations located at 49 CFR § 390.23, which includes the hours of service...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

Benesch

I’m Kind of a Big Dill: Current Challenges in Transporting Food Under FSMA

Benesch on

Since the U.S. Food and Drug Administration (“FDA”)’s publication of the Final Rule regarding Sanitary Transportation of Human and Animal Food on April 6, 2016, 21 CFR 1.900, et seq. (the “STF Rule”), there has been an...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Harvey/Regional Declaration of Emergency under 49 CFR § 390.23 : Limited Applicability to Arkansas Carriers

An August 31st Arkansas Oil Marketers Association (“AOMA”) publication conveyed a communication from the Chief of the Arkansas Highway Police (“AHP”) which included an August 25th Regional Declaration of Emergency under 49...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier...more

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