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Article Index » flsa and wage & hour » overtime exemptions » Industries/Occupations » Motor Carrier Exemption Report Link Congress Amends Motor Carrier Exemption: Both Helps and Hurts Employers.Fisher & Phillips, LLP - September 05, 2008 Recent legislation appears to have narrowed the scope of the federal Fair Labor Standards Act's "motor carrier" overtime exemption yet again. The "SAFETEA-LU Technical Corrections Act of 2008" (TCA) further restricts the classes of employees who might qualify for that exemption. A moderate positive is that TCA also limits liability with respect to certain overtime violations occurring before August 10, 2006 that resulted from exemption changes caused by the earlier "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU). Report Link Applying the Brakes to a Proposed Increase in Drive Time.Elarbee, Thompson, Sapp & Wilson, LLP. - September 28, 2007 The D.C. Court of Appeals recently rejected the Federal Motor Carrier Safety Administration’s (“FMCSA”) 11-hour limitation on commercial driving time and an FMCSA regulation granting commercial drivers a clean time slate (or restart) after being off duty for 34 consecutive hours. Report Link Update: DOL To Begin Enforcing Narrowed Motor-Carrier Exemption.Fisher & Phillips, LLP - August 03, 2007 We previously reported that under-the-radar Congressional action in 2005 substantially limited the federal Fair Labor Standards Act's Section 13(b)(1) "motor carrier" overtime exemption. This exemption applies to drivers, driver's helpers, loaders, and mechanics for whom the U.S. Transportation Secretary can set qualifications and maximum service hours. Report Link Delivery Person Driving Small Vehicle Not Covered by Motor Carrier Exemption.Ford & Harrison LLP - September 28, 2006 In an example of what can be described as an "unintended consequence" of the revisions made to the federal Motor Carrier Act in 2005, a federal court in Georgia recently held that an employee whose primary duties involve picking up and delivering documents for his employer in a personal vehicle is not exempt from the Fair Labor Standard Act's (FLSA) overtime requirements because he does not qualify for the motor carrier exemption. See Dell'Orfano v. IKON (August 29, 2006). Report Link Change To Federal Transportation Law Raises Questions Regarding Applicability Of Motor Carrier Exemption.Jackson Lewis LLP - April 14, 2006 A new law relating to highway safety and appropriations may have inadvertently altered the scope of the "motor carrier exemption" contained in the Fair Labor Standards Act ("FLSA"). Even though it appears there was no intent to limit the exemption, modification of the definition of "motor private carrier" may have eliminated the exemption for operators of small vehicles, which long have been included in the scope of the exemption. Report Link The Motor Carrier Exemption Under the Fair Labor Standards Act (FLSA).Department of Labor - (No Date) Fact Sheet No. 019. Brief discussion of Section 13(b)(1) overtime exemption for employees covered by the Motor Carrier Act.
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ArticlesFound: 6 ArticlesSUBTOPICS Employment Law Seminars
New Year, New Changes to the FMLA and ADA
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January 9, 2009 Nexsen PruetThe Revised FMLA Regulations: What Changed, What Stayed the Same, and How the New Regulations Will Affect Your WorkplaceMaryville
January 9, 2009 Baker DonelsonThe New FMLA Regulations and California Employers: What You Need to KnowOnline
January 12, 2009 Shaw Valenza LLPNegotiation Strategies and Tactics in Employment MediationNew York
Jan 12-13, 2009 Scheinman Institute on Conflict Resolution, Cornell University, ILR SchoolEmployee Free Choice Act BriefingMountain City
January 13, 2008 Baker DonelsonNew Year, New Changes to the FMLA and ADACharlotte
January 13 2009 Nexsen Pruet22nd Annual PIHRA (Professionals in Human Resources Administration) Legal UpdateGarden Grove
January 13, 2009 Ballard RosenbergReductions in Force - WebinarOnline
January 13, 2009 LittlerThe First 100 Days: The Obama AdministrationSan Francisco
January 13, 2009 LittlerE-Verify & Employment Verification Basics for Federal Contractors & SubcontractorsOnline
January 13, 2009 Fisher & Phillips |
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