Partners Matthew Kane and Sylvia Kim and Associates Amy Beverlin and Kerri Sakaue represented McLane Foodservice, Inc. in a putative nationwide collective action filed by two truck drivers claiming they were not paid overtime while working more than 40 hours per week, as allegedly required under the Fair Labor Standards Act. U.S. District Judge Kenly Kiya Kato of the Central District of California ruled that the plaintiffs, who primarily drove delivery routes only within California, were nevertheless transporting goods from out-of-state suppliers in interstate commerce and therefore fell under the Motor Carrier Act exemption to the Fair Labor Standards Act’s overtime requirements. The MCA exemption applies to such employees operating commercial motor vehicles and whose maximum hours of service are regulated by the U.S. Department of Transportation.
The case, Jordan Orozco Madero et al. v. McLane Foodservice Inc., was discussed in an article in Law 360 titled “Motor Carrier FLSA Exemption Steers Drivers Out of OT Suit” and an article in Bloomberg Law titled “McLane Foodservice Inc. Shakes Truck Driver Overtime Pay Suit,” both publishing on Oct. 18, 2024.
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