A Third Circuit judge ruled in March that a driver for Eastern Armored Services Inc., who filed a collective action lawsuit against her employer, is entitled to collect overtime pay under the Fair Labor Standards Act (FLSA). The plaintiff claimed that her employer had improperly classified her as ineligible for overtime pay under the Motor Carrier Act (MCA) Exemption of the FLSA. The MCA exemption applies to drivers of commercial vehicles weighing more than 10,000 lbs. and other employees whose maximum hours of work are determined by the U.S. Secretary of Transportation.
The Third Circuit ruled in favor of the plaintiff who claimed that she was eligible for overtime pay under the 2008 Corrections Act which deems motor carrier employees who drive vehicles weighing less than 10,000 lbs., during part or all of their working hours, eligible for overtime. The plaintiff in this case spent 51% of her working days in a vehicle weighing more than 10,000 lbs. and 49% of her total days working in a vehicle weighing less than 10,000 lbs.
Philadelphia overtime lawyers at Sidkoff, Pincus & Green are a team of highly skilled litigators representing clients in wage and hour disputes, collective action, and class action lawsuits. Contact Sidkoff, Pincus & Green online or call 215-574-0600 to discuss your employment law case with a reputable Philadelphia wage and hour lawyer.