Motor Carrier Beats Driver’s Claim For Overtime Pay. Find Out How.


Mr. Winston drove commercial vehicles for Air Truck Express (ATE), an interstate regional line haul carrier.  After his position ended at ATE, driver Winston claimed that he should have been paid overtime for his driving.  Even though all the employment paperwork was to the contrary, driver Winston argued that he should be deemed an employee of D&N Delivery Corporation (D&N), the sister corporation of ATE.  Both ATE and D&N have interstate operating authority.  However, D&N provided the last leg of the interstate delivery of packages arriving at the terminal that ATE / D&N share.  Driver Winston claimed that because he provided primarily intrastate deliveries, the Fair Labor Standard Act’s Motor Carrier Overtime Exemption should not apply to him.  He claims that because he wasn’t an interstate line haul driver, he should be deemed an employee of D&N and should be paid for his overtime.

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