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News | Mar 26, 2013

LU Technical Corrections Act

The United States District Court for the District of New Jersey issued an opinion today finding that a driver represented by Winebrake & Santillo was entitled to overtime premium compensation even though she periodically drove vehicle weighing more than 10,000 pounds.  In a case titled McMaster v. Eastern Armored Services, Inc., the company argued that the plaintiff was exempt under the Motor Carrier Act exemption to the Fair Labor Standards Act because she occasionally drove vehicles weighing more than 10,000 pounds.  As a result, Plaintiff was paid just her regular rate or “straight-time” for her overtime hours while employed with the company.  Plaintiff argued that under the SAFETEA-LU Technical Corrections Act of 2008, she was a “covered employee” entitled to overtime premium compensation for hours worked over 40 because 51% of her employment was spent driving vehicles weighing less than 10,000 pounds.  The Court found in favor of the plaintiff and held that she was entitled to overtime pay.  The Court also held that all hours worked should be counted towards the calculation of any overtime premium compensation owed, not just those hours in which the plaintiff drove vehicles weighing less than 10,000 pounds.  Click here for a copy of the opinion.

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