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United States Fifth Circuit


Songer v. Dillon Resources, Inc., 09-10803

In an action brought by truck drivers who operate commercial trucks against defendants for unpaid overtime under the Fair Labor Standards Act (FLSA), summary judgment for defendants and dismissal of plaintiffs' claims with prejudice is affirmed where the Motor Carrier Act exemption applies to bar plaintiffs' claims as: 1) the MCA applies to defendant-staff leasing agency because is a joint employer with the two companies, both of whom are subject to the exemption, and 2) plaintiffs engaged in activities that directly affect operational safety of motor vehicles in transport of property in interstate commerce.

Appellate Information

  • Decided 09/03/2010
  • Published 09/03/2010

Judges

  • Stewart

Court

  • United States Fifth Circuit

Counsel

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