Skip to main content

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 pay provisions go to mccoyesquire.com

Comments

Popular posts from this blog

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

OSHA Protects Workers Who Object to Unsafe Working Conditions

Section 11(c) of the Occupational Safety and Health Act protects employees from reprisals for exercising their rights under the Act, including their right to complain about unsafe or unhealthy working conditions. It provides in general that no person shall discharge or in any manner discriminate against any employee because the employee has: (a) Filed any complaint under or related to the Act; (b) Instituted or caused to be instituted any proceeding under or related to the Act; (c) Testified or is about to testify in any proceeding under the Act or related to the Act; or (d) Exercised on his own behalf or on behalf of others any right afforded by the Act. An employee who believes that he has been discriminated against in violation of section 11(c) of the Act may, within 30 days after such violation occurs, lodge a complaint with the Secretary of Labor alleging such violation. The Secretary shall then cause appropriate investigation to be made. If, as a result of such investi

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