News & Analysis as of

Over-Time Transportation Industry

Jackson Lewis P.C.

Ninth Circuit Continues to Expand Transportation Worker Exemption Under Federal Arbitration Act

Jackson Lewis P.C. on

Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court of...more

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

Husch Blackwell LLP

SCOTUS Nixes Forced Arbitration Clause in Southwest Employment Contract of Cargo Ramp Supervisor

Husch Blackwell LLP on

In a unanimous 8-0 decision, in Southwest Airlines Co. v. Saxon, the U.S. Supreme Court (Court) held that airline cargo ramp supervisors that assist with loading and unloading cargo constitute a class of workers engaged in...more

Jackson Lewis P.C.

FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

Jackson Lewis P.C. on

Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....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

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...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

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

FordHarrison

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

FordHarrison on

In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

Littler

2017 Labor & Employment Laws: New Year, New Government, New Challenges

Littler on

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

Seyfarth Shaw LLP

2016 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

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