Abell et al v. Sky Bridge Resources, LLC, No. 3:2013cv00869 - Document 35 (W.D. Ky. 2014)

Court Description: MEMORANDUM OPINION & ORDER denying 20 Motion to Stay: Plaintiffs FLSA claims related to compensation for travel during regular working hours is DISMISSED WITH PREJUDICE Discovery due by 2/15/2015. Dispositive Motions due by 3/15/2015.. Signed by Senior Judge John G. Heyburn, II on 8/26/2014. cc: Counsel(JBM)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:13-CV-869-H STEPHEN ABELL, et al. PLAINTIFFS v. SKY BRIDGE RESOURCES, LLC DEFENDANT MEMORANDUM OPINION AND ORDER In this case, eleven (11) former employees ( Plaintiffs ) of Sky Bridge Resources, LLC ( Defendant ) have claimed (1) breach of contract, (2) violation of the Fair Labor Standards Act ( FLSA ) and (3) breach of the Kentucky Wage and Hour Act ( KWHA ), all arising from Defendant s calculation of and nonpayment for travel time. More specifically, Plaintiffs claim that they were not properly compensated for travel time either within or outside regular working hours and were not paid proper overtime wages for work exceeding 40 hours per week. Defendant moved to dismiss Plaintiffs FLSA claims and for a stay of discovery. Defendant s original motion was limited to the FLSA claims. The FLSA requires employees to receive overtime for time worked in excess of 40 hours per week. However, it does not require compensation for travel time outside regular working hours, nor does travel time outside regular working hours count toward overtime. See 29 U.S.C. § 207(a); 29 C.F.R. § 75.39. These rules seem to be well-established and therefore, Plaintiffs claims for travel compensation in those circumstances under the FLSA must be dismissed. In Plaintiffs response, they did argue certain issues concerning the KWHA and Plaintiffs contract claims. However, the Court does not view these issues as part of Defendant s original motion. Moreover, the records seem inadequate to resolve these issues quite so clearly as those involving the FLSA outside regular working hours. The Court will confine itself to the original purpose of Defendant s motion. Being otherwise sufficiently advised, IT IS HEREBY ORDERED that Plaintiffs FLSA claims related to compensation for travel during regular working hours is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant s motion to stay discovery is DENIED. IT IS FURTHER ORDERED that all discovery shall be completed on or before February 15, 2015, and dispositive motions shall be filed on or before March 15, 2015. August 26, 2014 cc: Counsel of Record

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.