FLSA Shouldn't Apply To UPS Road Managers: Judge

Law360, New York (February 11, 2011, 3:59 PM EST) -- A magistrate judge has recommended that a federal court grant summary judgment to United Parcel Service Inc. in a putative collective action that accuses the delivery giant of misclassifying its on-road managers as exempt from overtime pay laws.

Magistrate Judge Candy W. Dale found that UPS was exempt from paying named plaintiff Gerald Shoemaker overtime under the Fair Labor Standards Act's Motor Carrier Act exemption, according to a recommendation filed Thursday in the U.S. District Court for the District of Idaho.

Shoemaker had sought to bring...
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