DEFENDING BUSINESSES FROM TRUCK LOADERS SUING FOR OVERTIME WAGES–PART TWO

This is Part Two of the two-part series of articles discussing the overtime wage exemption of truck loaders under the Fair Labor Standards Act (FLSA).  Following the United State Supreme Court’s decisions discussed in Part One, the United States Department of Labor (DOL) issued regulations interpreting the Motor Carrier Act Exemption set forth at 29 C.F.R. § 782.5.  The applicable DOL regulation (at § 782.5(a)) defines “loader” under the Motor Carrier Act (MCA) to mean “an employee of a carrier [under the Motor Carrier Act] … whose duties include … the proper loading of his employer’s motor vehicles so that they may be safely operated on the highways of the country.”  The regulations explain that a loader’s work “directly affects ‘safety of operation’ [of a motor vehicle] so long as he has responsibility when such motor vehicles are being loaded, for exercising judgment and…

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