Federal Motor Carrier Act Overtime Exemption

KYLE MAYAN, : CIVIL ACTION Plaintiff : RYDBOM EXPRESS, INC.
Must provide overtime compensation at a rate of one and one-halftimes the employee’s regular rate of pay. Id . 3. The Motor Carrier Act exemption This general rule is subject to numerous exceptions, the most pertinent being the so-caled Motor Carrier Act exemption. 4 This exemption provides that the overtime ... Document Viewer

INTERSTATE TRUCK DRIVERS-OVERTIME WAGES-EXEMPTION FROM COVERAGE
Hours of work and overtime pay, nor to an individual employed as a truck or bus driver who is subject to the provisions of the Federal Motor Carrier Act (49 U.S.C. Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et seq.), if the com-pensation system under which the truck or bus driver is paid includes over- ... Retrieve Here

Independent Contractor Employment Classification: A Survey Of ...
Under the term of the lease agreement or contract with the licensed motor carrier as an employee for purposes of the federal insurance contribution act, 26 U.S.C. 3101 et seq., the federal social security act, 42 U.S.C. 301 et seq., the federal unemployment tax act, 26 U.S.C. 3301 et seq., and the federal statutes ... Read Full Source

RULE PROPOSALS LABOR AND WORKFORCE DEVELOPMENT DIVISION OF ...
Tion pursuant to the Federal Motor Carrier Act. Thus, the 13(b)(1) overtime exemption applies to, among others, em-ployees who are employed by a motor carrier or motor private carrier, as those terms are defined in 49 U.S.C. § 13102. Under the Federal Motor Carrier Act, a "motor carrier" is a person providing motor vehicle transportation for ... Access Document

FOH Chapter 24 - United States Department Of Labor
24a02 Effect of ownership of motor vehicles upon status as a motor carrier. A company may be a motor carrier for the purposes of the Motor Carrier Act whether it owns, rents, or leases the motor vehicles it uses. 24a03 FLSA section 13(b)(1) not applicable under PCA. While certain employees may be exempt under section 13(b)(1) from the overtime pay ... Access Document

Fair Labor Standards Act Wage And Hour Pitfalls
Motor Carrier Exemption Employed by a motor carrier or motor private carrier, as defined in 49 U.S.C. Section 13102 Drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety of operation of motor vehicles in transportation on public highways in interstate or foreign commerce and ... Return Doc

COMPENSATED EMPLOYEES EXEMPTIONS - American Bar Association
Safety of vehicles operating in interstate commerce are no longer exempt from overtime protections because of Section 213(b)(1) of the FLSA, the Motor Carrier Act exemption. The following is a brief history leading to this legislation. A. Overview of Recent Legislation Affecting the FLSA’s Motor Carrier Act Exemption ... Get Document

Home Care - Wikipedia
Evelyn Coke, a home care worker employed by a home care agency that was not paying her overtime, sued the agency in 2003, alleging that the regulation construing the "companionship services" exemption to apply to agency employees and exempt them from the federal minimum wage and overtime law is inconsistent with the law. ... Read Article

Motor Carrier Exemption Under The Fair Labor Standards Act ...
The Fair Labor Standards Act provides for minimum wage and overtime for “non-exempt” employees. However, employees included in the Motor Carrier exemption to the FLSA may not be entitled to ... View Video

Federal Motor Carrier Act Of 1935 - Cornell Law School
THE FEDERAL MOTOR CARRIER ACT OF 1935 JOHN J. GEORGE I. THE BACKGROUND FOR THE LEGISLATION During the last decade a multitude of unconnected local motor carrier enterprises have been transformed into a co-ordinated nation-wide ... Get Doc

Employers That Operate A Mixed Fleet Of Vehicles May Lose The ...
That the drivers were exempt from overtime under the Motor Carrier Act. Background on the Motor Carrier Exemption The Motor Carrier Act provides an exemption from the maximum hours/overtime provisions of the FLSA. The scope of the exemption is de fi ned by the jurisdiction that the Secretary of Transportation can assert under the Motor Carrier ... Retrieve Doc

Motor Carrier Service And Federal And State Overtime Wage ...
HARDMAN_ARTICLE.DOC 6/19/2008 12:09:22 PM 2008] Federal and State Overtime Wage Coverage 3 II. BASIS OF LIABILITY An employer’s liability under the Act is dependent upon the existence of an employer-employee relationship. The term “employ” is defined in the Act ... Read Full Source

U.S . Department Of Labor - Dol.gov
Motor Carrier Act (MCA), 49 U.S.C. § 31502 (copy enclosed). Your clients’ employer claims that the employees are subject to section 204 of the MCA, and that the overtime requirement of section 7 of the FLSA does not apply to the drivers. You mention a U.S. Fifth Circuit Court of Appeals case, Steinmetz v. Mitchell, that held that the overtime ... Fetch This Document

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
The Motor Carrier exemption provides that the FLSA’s overtime provision “shall not apply . . . to any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to [49 U.S.C. §] 31502.” 29 ... Read Full Source

List Of Executive Actions By Franklin D. Roosevelt - Wikipedia
Exemption of Maurice A. Emerson From Compulsory Retirement for Age 1942-01-03 Prescribing Regulations Governing Overtime Compensation of Certain Employees of the National Advisory Committee for Aeronautics Possession and Operation of Certain Motor Carrier Transportation Systems 1944-08-11 ... Read Article

DEPARTMENT OF TRANSPORTATION
The Motor Carrier Act of 1935, the Motor Carrier Safety Act of 1984, the Truck and Bus Safety and Regulatory Reform Act of 1988, the Hazardous Materials Transportation Authorization Act of 1994 (HMTAA), and MAP-21. ... Fetch Here

Appendix A List Of FLSA Overtime Exemptions
29 U.S.C. § 207(b) (3) (overtime exemption for certain employees of an independently owned and controlled local enterprise engaged in the wholesale or bulk distribution of petroleum products). ... Fetch Doc

Interstate Transportation Wages (Amtrak Act)
Interstate Transportation Wages (Amtrak Act) • An interstate motor carrier, or • An interstate motor private carrier. In addition, you must: • Be a nonresident of Oregon, and is allowed overtime under the Fair Labor Standards Act. ... Read More

US Department Of Labor Explains New overtime exemption Rules ...
In this video, the US Department of Labor explains why it changed the rules governing when employees can be exempt from overtime pay. The new rules take affect December 1, 2016. ... View Video

Wage & Hour Litigation - Seyfarth Shaw
For alleged unpaid overtime for intrastate drivers in exchange for a nominal settlement amount. We successfully argued that these drivers were employed by a motor carrier in furtherance of interstate commerce so that the Motor Carrier Act exemption applied, despite the fact that their routes did not cross state lines and that the ... Fetch Full Source

Under The FLSA's motor carrier exemption,
Affirmative defense that Carey Atlanta is a “motor carrier” and is exempt from the overtime pay requirement *1284 of the Fair Labor Standards Act. 29 U.S.C. § 213(b)(1). Both sides request partial summary judgment on this issue. The Plaintiffs move for partial summary judgment that the Defendants do not qualify for the motor carrier exemption ... Get Document

New York State Department OfLabor Governor Colleen C. Gardner ...
Notwithstanding the Section 13(b)(1) exemption, the overtime provisions ofSection 7 ofthe FLSA shall apply to an employee ofa motor carrier or motor private carrier in any work week that: 1. The employee's work. in whole or in part, is that of a driver. driver's helper, loader or mechanic affecting the safety ... Get Content Here

Going Overboard On Overtime: Bostain V. Food Express, Inc ...
Although, most states follow the Fair Labor Standards Act’s maximum hour requirements exemption for employees – subject to standards set by the Secretary of Transportation via the Motor Carrier Act,28 the Federal Motor Carrier Act rules pertaining to maximum hours and overtime pay do not ... Return Doc