United States Third Circuit

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McMaster v. Eastern Armored Services, Inc., 14-1010

In this case brought under the Fair Labor Standards Act for unpaid overtime, plaintiff-driver, a former employee for defendant, asserts that she was not paid overtime rates despite having been paid by the hour and working more than 40 hours in a given week. The judgment of the district court finding that plaintiff was entitled to overtime is affirmed, where: 1) a recent Act of Congress waives the Motor Carrier Act overtime exemption for motor carrier employees who, in whole or in part, drive vehicles weighing less than 10,000 pounds; and 2) plaintiff spent 51% of her total days working on vehicles rated heavier than 10,000 pounds, and thus, she falls within the recent Congressional carveout.

Appellate Information

  • Decided 03/11/2015
  • Published 03/11/2015

Judges

  • Fuentes

Court

  • United States Third Circuit

Counsel