United States Seventh Circuit

In an action under the Fair Labor Standards Act brought by truck drivers against a wholesale importer and distributor of wine claiming that they were not paid overtime, judgment for the defendant is affirmed as the portion of the transportation that is entirely within Illinois is nevertheless interstate commerce within the meaning of the Motor Carrier Act and therefore, the Fair Labor Standards Act exempts from its overtime provisions any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

• POSNER, Circuit Judge., Before POSNER, MANION, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jonathan C. Goldman, Attorney (argued), Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Martin K. Denis, Attorney (argued), Barlow, Kobata & Denis, Chicago, IL, for Defendants-Appellees.