5th Circ. Strikes Down Truckers’ FLSA Appeal

Law360, New York (September 7, 2010, 1:47 PM EDT) -- A federal appeals court has refused to revive a group of truck drivers’ putative collective action alleging the drivers were not appropriately paid overtime wages in accordance with the Fair Labor Standards Act.

A three-judge panel in the U.S. Court of Appeals for the Fifth Circuit on Friday affirmed the district court’s dismissal of the truckers’ case against Dillon Resources Inc., Sunset Logistics Inc. and Sunset Ennis Inc.

The district court correctly found that a motor carrier exemption in the FLSA applied to the defendants, the...
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