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Interstate Commerce Fair Labor Standards Act (FLSA) 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

In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier...

Fox Rothschild LLP on

In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary line. The Judge did not listen. In a...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

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