29 CFR 782.2 - Requirements for exemption in general
| Cite as | 29 CFR 782.2 |
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268 practice notes
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Department of Transportation, Federal Motor Carrier Safety Administration,
...(e.g., churches, musicians, civil and charitable organizations, scouts, companies transporting their own employees, etc.). See 29 CFR 782.2(b)(1). Motor carrier employers employing drivers engaged in intrastate commerce, as defined by 49 U.S.C. 31132, and engaged in interstate commerce, as ......
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Almy v. Kickert Sch. Bus Line, Inc., Case No.: 08-cv-2902
...of passengers or property in interstate or foreign commerce within the meaning of the Motor Carrier Act." [77 at 14]; see also 29 C.F.R. § 782.2(a). Whether other of Defendant's employees indiscriminately shared interstate routes or engaged in interstate transportation is not dispositive of......
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Badgett v. Rent-Way, Inc., Civil Action No. 03-188 Erie.
...of operation of motor vehicles" in the transportation on the public highways of passengers or property in interstate commerce. See 29 C.F.R. § 782.2(a) (2001); Baez v. Wells Fargo Armored Serv. Corp., 938 F.2d 180, 181-82 (11th Cir.1991); Hutson v. Rent-A-Center, Inc., 209 F.Supp.2d 1353, 1......
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McLeland v. 1845 Oil Field Servs., Civil Action No. SA–14–CV–1117–XR.
...on the public highways of passengers or property in interstate or foreign 97 F.Supp.3d 860commerce within the meaning of the [FMCA].” 29 C.F.R. § 782.2(a) ; Allen v. Coil Tubing Servs., L.L.C., 755 F.3d 279, 283 (5th Cir.2014). The FMCA exemption only applies to employees who meet both crit......
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264 cases
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Almy v. Kickert Sch. Bus Line, Inc., Case No.: 08-cv-2902
...of passengers or property in interstate or foreign commerce within the meaning of the Motor Carrier Act." [77 at 14]; see also 29 C.F.R. § 782.2(a). Whether other of Defendant's employees indiscriminately shared interstate routes or engaged in interstate transportation is not dispositive of......
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Badgett v. Rent-Way, Inc., Civil Action No. 03-188 Erie.
...of operation of motor vehicles" in the transportation on the public highways of passengers or property in interstate commerce. See 29 C.F.R. § 782.2(a) (2001); Baez v. Wells Fargo Armored Serv. Corp., 938 F.2d 180, 181-82 (11th Cir.1991); Hutson v. Rent-A-Center, Inc., 209 F.Supp.2d 1353, 1......
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McLeland v. 1845 Oil Field Servs., Civil Action No. SA–14–CV–1117–XR.
...on the public highways of passengers or property in interstate or foreign 97 F.Supp.3d 860commerce within the meaning of the [FMCA].” 29 C.F.R. § 782.2(a) ; Allen v. Coil Tubing Servs., L.L.C., 755 F.3d 279, 283 (5th Cir.2014). The FMCA exemption only applies to employees who meet both crit......
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Chaohui Tang v. Wing Keung Enters., Inc., 14-CV-390
...the motor carrier exemption applies to an employee depends on the nature of both the employer's and employees' activities.") (citing 29 C.F.R. § 782.2(a) ).c) Activities of EmployerIt must first be determined whether the employer qualifies as either a "motor carrier" or a "motor private car......
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2 firm's commentaries
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Motor Carrier Exemption Applies to Drivers Who can be Expected to Drive Interstate
...mechanics in Morris were entitled to overtime under the FLSA. The Code of Federal Regulations Furthermore, the Third Circuit cited to 29 C.F.R. § 782.2(a), which states that if the duties of a driver are such that he or she is or “is likely to be” called upon to perform activities that impa......
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Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof
...activities [and] even in a workweek when the employee happens to perform no work directly affecting ‘safety of operation.’” 29 CFR § 782.2(b)(3). Summarized, if the employee’s duties require performance of qualifying activities, the Motor Carrier Act applies in all workweeks, regardless of ......