Motor Carrier Exemption

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Court_of_Appeals_3rd_Circuit_SealCo-authored by Abad Lopez and Noah Finkel

The Third Circuit put a screeching halt to the contention that drivers must actually cross state lines to be exempt from overtime under the Motor Carrier Act (“MCA”). In Resch v. Krapf’s Coaches, Inc., the court ruled that drivers were exempt from overtime based on the mere possibility of driving across state…
Continue Reading Court Puts the Brakes on Overtime for Drivers—No Interstate Trips? No Problem!

Authored by Kevin Young

In a move that could substantially impact businesses employing drivers and treating them as exempt from federal overtime requirements, the U.S. Department of Labor (the “DOL”) has narrowed its view of the Motor Carrier Exemption (the “MCE”) to the Fair Labor Standards Act (the “FLSA”), as set forth under 29 U.S.C. § 213(b).  The move…

Continue Reading DOL Drives Down the FLSA’s Motor Carrier Exemption