Welcome

Case: Wage & Hour/Exempt Employees (5th Cir.)

May 4, 2021, 4:30 PM

The Fifth Circuit ruled that an overtime-pay claim by a driver who worked for a private employer transporting prisoners was improperly dismissed at the pleading stage of the proceedings, because there is a factual dispute as to whether the Motor Carrier Act’s exemption from overtime-pay under the Fair Labor Standards Act for employees who work for private motor carriers subject to Department of Transportation regulations applies to his claim. The transportation company had the burden to prove that the driver fell within the MCA exemption because it raised it as an affirmative defense, the appeals court said, and it was...

To read the full article log in. To learn more about a subscription click here.