4th Circ. Revives Drivers' FLSA Claims Against Baking Co.
Law360, New York (November 17, 2017, 8:08 PM EST) -- The Fourth Circuit on Friday reinstated Fair Labor Standards Act claims in a suit against Schmidt Baking Co. Inc. from former employees alleging they were entitled to overtime pay, reversing a lower court's dismissal.
A three-judge panel said that although Schmidt is a "professional motor carrier," a designation that usually doesn't require compliance with the FLSA's mandate to pay overtime to employees who work more than 40 hours a week, the three workers who brought the suit fell under a group of employees protected by a waiver Congress had recently introduced.
That waiver took away the overtime exemption for motor carrier...
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