Third Circuit Says Trucker Entitled to Overtime
Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”). The Third Circuit recently held, however, in McMaster v. Eastern Armored Services, Inc., No. 14-1010 (3d Cir. Mar. 11, 2015), that this exemption did not apply to the plaintiff, a motor carrier employee of the defendant who drove vehicles weighing less than 10,000 pounds approximately 49% of her total work days. The Court based its decision on the “plain language” of the Corrections Act, which provides that the FLSA applies to a “covered employee” of a motor carrier whose job, “in whole or in part,” affects the safe operation of vehicles lighter than 10,000 pounds. The court did not address the defendant’s “alternative argument” that the plaintiff only was entitled to overtime for the time actually spent performing work on vehicles lighter than 10,000 pounds.