Skip to main content

On rehearing Eleventh Circuit Re-affirms Overtime Exemption For Airport Shuttle Drivers

With only a minor change to one footnote in its original opinion, the Eleventh Circuit reaffirmed its earlier decision that airport shuttle drivers were exempt from the overtime requirements of the Fair Labor Standards Act.  The so-called Motor Carrier Exemption applies when the employee's hours are subject to regulation by the Secretary of Transportation, whether or not they are actually regulated.  The Court held that airport shuttle drivers who transported passengers between the airport (or ship terminal) and their hotel as part of a pre-booked and pre-paid interstate trip fell within this exemption.  Even though they never actually travelled out-of-state the drivers were engaged in transporting passengers in interstate commerce; accordingly the Secretary of Transportation had the statutory power to regulate their work hours.  They were therefore within scope of the Motor Carrier Exemption and were not entitled to receive overtime compensation.


Read the decision in Abel v. Southern Shuttle Services, Inc. here:  http://www.ca11.uscourts.gov

Comments

Post a Comment

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
1 comment
Read more

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
Post a Comment
Read more

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...
Post a Comment
Read more