Burlaka v. Contract Transport Services LLC, No. 19-1703 (7th Cir. 2020)Annotate this Case
Truck drivers brought individual, collective, and class action claims against CTS, their former employer, for failing to provide overtime pay. The Fair Labor Standards Act requires overtime pay for any employee who works more than 40 hours in a workweek. 29 U.S.C. 207(a)(1). The statute exempts employees who are subject to the Secretary of Transportation’s jurisdiction under the Motor Carrier Act: It is dangerous for drivers to spend too many hours behind the wheel, and “a requirement of pay that is higher for overtime service than for regular service tends to … encourage employees to seek” overtime work. Under 49 U.S.C. 13501(1)(A), drivers need not actually drive in interstate commerce to fall within the Secretary’s jurisdiction if they are employed by a carrier that “has engaged in interstate commerce and that the driver could reasonably have been expected to make one of the carrier’s interstate runs.”
The Seventh Circuit affirmed summary judgment in favor of CTS, finding that the plaintiffs could be expected to drive any of the CTS routes. While some of the plaintiffs’ runs may have been purely local, the sheer volume of the interstate commerce through these facilities, combined with the fact that the plaintiffs were assigned to their duties indiscriminately, demonstrates that the plaintiffs had a reasonable chance of being called upon to make some drives that were part of a continuous interstate journey.