Johnson v. Hix Wrecker Serv., Inc.l, No. 09-3023 (7th Cir. 2011)
Annotate this CaseThe tow truck driver sued his former employer for failure to pay overtime wages in violation of the Fair Labor Standards Act, 29 U.S.C. 207(a). The district court held that the driver was not entitled to overtime pay because he was subject to the motor carrier exemption to the FLSA. The Seventh Circuit reversed. Employers subject to the jurisdiction of the Secretary of Transportation under the Motor Carrier Act. 49 U.S.C. 31502 are exempt from the overtime requirement, but an affidavit provided by the employer did not show that the company engaged in interstate commerce within a reasonable period of time prior to the time during which it claims the exemption. The use of the word "routinely" was too vague.
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