By Arielle B. Sepulveda, JD
The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employee who worked on both large trucks—the operation of which is exclusively regulated by the U.S. Department of Transportation (DOT)—and smaller vehicles was entitled to overtime pay under the Fair Labor Standards Act (FLSA).
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A company that provides transportation for pay and engages in trade, commerce, transportation, transmission, or even just communication across state lines can be a “motor carrier” under the MCA and the FLSA. The vehicles that fall under the Corrections Act include any vehicle that weighs no more than 10,000 pounds (unless it transports hazardous chemicals or more than eight passengers).
More broadly, this case is a reminder that in any industry, an employee’s entitlement to overtime depends on the particulars of her job. You should also be mindful of any state overtime laws that may impose stricter standards for exemptions than the FLSA.