Here’s a bit of advice to any employer using commercial drivers in their enterprise: Before concluding those employees are exempt from overtime under the Fair Labor Standards Act because they’re covered by the Motor Carrier Act, call your attorney.
Recent case: Coil Tubing Services was sure that its commercial drivers—who hauled equipment to sites across Texas and Louisiana—were covered by the Motor Carrier Act and therefore exempt from overtime. In fact, it was so sure, it never consulted a lawyer, even after employees complained.
Several drivers sued, and convinced the court to let them represent all other similarly situated employees. The court then rejected the company’s request to dismiss the entire case and said a trial was in order. Liability may reach millions. (Allen, et al., v. Coil Tubing Services, No. 11-08-3370, SD TX, 2012)