FLSA exemption in Motor Carrier Act does not apply when employee works on both commercial and non-commercial vehicles.

The plaintiff worked on both commercial and non-commercial vehicles during the course of her employment and regularly worked over 40 hours per week. Eastern Armored Service did not pay overtime wages for hours above 40 hours per week and based this upon the Motor Carrier Act exemption. The plaintiff asserted and the District Court agreed that the exemption did not apply since the SAFE-TEA-LU Technical Corrections Act eliminated the exemption if the employee's work, in whole or in part, involved non-commercial vehicles. Further, the court concluded that the overtime entitlement applied to all hours worked and not to just those hours on non-commercial vehicles.

Case Law Alert, 3rd Quarter 2013