McCall v. Disabled American Veterans, et al., No. 12-3011 (8th Cir. 2013)
Annotate this CasePlaintiff, a truck driver for Red Racks, which was operated by DAV, filed suit under section 306 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) Technical Corrections Act (TCA), Pub. L. 110-244, Title III, section 306, 122 Stat. 1572, 1620, claiming that he was a "covered" employee eligible for overtime. The court affirmed the judgment, concluding that the district court properly determined that a Fair Labor Standards Act (FLSA), 29 U.S.C. 207(a)(1), covered employee under the TCA was one driving a vehicle with a gross motor vehicle weight rating of 10,000 pounds or less. The district court also correctly determined that plaintiff was not a covered employee, where the trucks he drove actually weighed less than 10,000 pounds, and properly granted summary judgment to DAV and denied partial summary judgment to plaintiff.
Court Description: Civil case - Fair Labor Standards Act. The district court did not err in finding the vehicles plaintiff drove had a gross vehicle weight of more than 10,000 pounds and that he was not a covered employee and not eligible for overtime.
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