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McCall v. Disabled American Veterans, et al.

Articles Discussing Case:

Eighth Circuit Holds Gross Vehicle Weight Rating Determines FLSA Motor Carrier Exemption

Ogletree Deakins • August 09, 2013
The Eighth Circuit Court of Appeals recently held that an employee who drives a motor vehicle that has a gross vehicle weight rating (GVWR) of more than 10,000 pounds falls within the “motor carrier exemption” of the Fair Labor Standards Act (FLSA). According to the Eighth Circuit, which issued the decision in McCall v. Disabled American Veterans, et al. on July 31, 2013, an employee falls within the exemption regardless of the actual weight of the vehicle when he or she is driving it.