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Showing posts from November, 2010

Overtime Exemption For Airport Shuttle Drivers

A recent decision of the Eleventh Circuit Court of Appeals holds that the overtime provisions of the federal Fair Labor Standards Act did not apply to shuttle drivers who transported passengers to and from South Florida airports.  Passengers carried by Southern Shuttle Services, Inc. typically are connecting with interstate or international flights; often they book transportation to and from the airport as part of a travel package. While the shuttle trip involves only local travel the Court held that under these circumstances it is in reality a part of the passenger's continuous interstate journey.  The drivers' duties therefore directly affect "the safety of operation of motor vehicles in the transportation on the public highways of passengers or property in interstate or foreign commerce." This makes them exempt from the overtime provisions under the so-called "motor carrier exemption."  Read the decision here . For legal assistance on this and overtime

Attorney's Fees Awarded for Collecting FLSA Settlement

United States District Judge William P. Dimitrouleas entered an order in an overtime case under the Fair Labor Standards Act awarding an employee plaintiff additional attorney's fees incurred in collecting his back pay settlement.   The order clarifies the law in the Southern District of Florida regarding whether additional post-settlement collection fees are appropriate in the situation where an employer has failed to comply in full with payment obligations under a mediated settlement . Download the Court's order here. Legal advice and assistance in recovering unpaid overtime compensation at mccoyesquire.com

More About OSHA's Whistleblower Program

OSHA is beefing up its whistleblower protection program. OSHA Assistant Secretary acknowledged that protection from retaliation is essential to effective enforcement. More about what is covered and who to contact at http://www.whistleblowers.gov/ Dr. David Michaels, new OSHA head appointed by President Obama stressed that leadership at the United States Department of Labor “profoundly understands the cornerstone position that whistleblower protections have in the foundation of a strong worker protection program.” Legal advice and assistance at mccoyesquire.com

New USDOL Whistleblower Procedures

The United States Department of Labor and OSHA enforce the whistleblower provisions of the Occupational Safety and Health Act, along with some 18 other laws which protect employee who report violations in industries such as commercial motor carriers, airlines, nuclear power and health care.  New procedures for handling whistleblower complaints were published for public comment and will be finalized after November 1.  Among other things, the new regulations will allow filing of complaints by phone as well as in writing, and in languages other than English.  You can view the new regs at http://www.osha.gov Legal advice and assistance at mccoyesquire.com