Escort drivers for tractor trailers are not exempt from the Fair Labor Standards Act overtime cap and must be paid overtime compensation.

The plaintiffs were escort drivers who aided in the transportation of large tractor trailers by clearing the road and stopping traffic at intersections to ensure safe travel when appropriate. The plaintiffs brought suit under the Fair Labor Standards Act (FLSA), alleging they were not compensated for overtime work, and cross motions for summary judgment were filed on the issue of whether such drivers are exempt from FLSA's overtime soft cap provision, 29 U.S.C. § 207 (a)(1)), or exempt based on the Motor Carrier Act (MCA). The court held that the escort drivers were not deemed subject to the MCA exemption; however, they were entitled to overtime per FLSA. In this case, although the employer's were required to pay overtime, they were not required to pay liquidated damages because the court found that the employer acted in good faith in not paying overtime. Employers must be aware this will not always be the case, and based on this ruling, would be wise to pay such employees overtime as designated by the FLSA, or possibly face payment of liquidated damages, as well.

Case Law Alerts, 3rd Quarter 2013