Prison Transport Driver Gets Second Shot to Prove Overtime Claim

May 4, 2021, 2:08 PM

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, the Fifth Circuit said.

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 may apply to Dana White’s claim, the opinion by Judge Cory T. Wilson said. But whether the exemption precludes her claim is a question of fact that should be decided on a motion for summary judgment, it said.

White said that her claim wasn’t subject...

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