20 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,656 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA
  3. Phillips Inc. v. Walling

    324 U.S. 490 (1945)   Cited 531 times   10 Legal Analyses
    Holding that exemptions from remedial legislation must be narrowly construed
  4. Levinson v. Spector Motor Co.

    330 U.S. 649 (1947)   Cited 255 times
    Holding that a "driver's work . . . obviously and dramatically affects the safety of operation of the carrier during every moment that he is driving . . . ."
  5. Morris v. McComb

    332 U.S. 422 (1947)   Cited 227 times
    Holding that the exemption applies to drivers of a carrier that only devoted approximately 4% of its total services to interstate commerce and distributed its interstate assignments indiscriminately
  6. Shockley v. City of Newport News

    997 F.2d 18 (4th Cir. 1993)   Cited 167 times   1 Legal Analyses
    Holding that Media Relations Sergeants did not meet exemption criteria when they “spent half their time on the ‘crime line,’ answering the phone, taking tips, and passing them on to the right department,” and also “screen[ed] calls to the Chief of Police, respond [ed] to impromptu questions by the press, determin[ed] what information should be released to the press regarding ongoing investigations, and develop[ed] an ongoing news broadcast called ‘Crime of the Week’ ”
  7. Clark v. J.M. Benson Co., Inc.

    789 F.2d 282 (4th Cir. 1986)   Cited 128 times   10 Legal Analyses
    Holding that employer “bears the full burden of persuasion for the facts requisite to an exemption”
  8. Jones v. Giles

    741 F.2d 245 (9th Cir. 1984)   Cited 89 times
    Holding "that ambulance services are not subject to the Motor Carriers Act, and are therefore subject to the FLSA" based on the DOT's interpretation of the statute as set forth in the regulations
  9. Dole v. Circle “A” Construction, Inc.

    738 F. Supp. 1313 (D. Idaho 1990)   Cited 24 times
    Noting that Ninth Circuit has determined that DOT's interpretation of Motor Carrier Act deserves deference
  10. Albanil v. Coast 2 Coast, Inc.

    CIVIL ACTION H-08-486 (S.D. Tex. Mar. 31, 2010)   Cited 2 times

    CIVIL ACTION H-08-486. March 31, 2010 MEMORANDUM OPINION AND ORDER GRAY MILLER, District Judge Pending before the court is defendants' motion for partial summary judgment on the motor carrier exemption (Dkt. 51) and plaintiffs' cross motion on the same issue (Dkt. 52); plaintiffs' motion for summary judgment on the issue of liability (Dkt 53); and plaintiffs' motions to strike portions of defendants' summary judgment responses and exhibits (Dkts. 62, 67). After review of the motions, responses, replies

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,918 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work
  13. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,460 times   225 Legal Analyses
    Establishing overtime rules
  14. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,787 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
  15. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,605 times   252 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement
  16. Section 31502 - Requirements for qualifications, hours of service, safety, and equipment standards

    49 U.S.C. § 31502   Cited 323 times   3 Legal Analyses
    Granting Secretary of Transportation authority to prescribe maximum hours for motor carrier employees
  17. Section 782.2 - Requirements for exemption in general

    29 C.F.R. § 782.2   Cited 313 times   8 Legal Analyses
    Noting that the determination must look to what an employee does in "the ordinary course of his work"
  18. Section 782.7 - Interstate commerce requirements of exemption

    29 C.F.R. § 782.7   Cited 101 times   7 Legal Analyses
    Defining interstate commerce as: "[h]ighway transportation by motor vehicle from one State to another," or "[t]ransportation within a single [s]tate . . . forms a part of a practical continuity of movement across [s]tate lines from the point of origin to the point of destination"
  19. Section 782.3 - Drivers

    29 C.F.R. § 782.3   Cited 53 times   3 Legal Analyses
    Defining "driver" as "an individual who drives a motor vehicle in transportation which is, within the meaning of the Motor Carrier Act, in interstate or foreign commerce"