29 CFR 782.2 - Requirements for exemption in general

Cite as29 CFR 782.2
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268 practice notes
  • Department of Transportation, Federal Motor Carrier Safety Administration,
    • United States
    • Federal Register May 02, 2000
    • May 2, 2000
    ...(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 ......
  • Almy v. Kickert Sch. Bus Line, Inc., Case No.: 08-cv-2902
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • January 7, 2013
    ...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......
  • Badgett v. Rent-Way, Inc., Civil Action No. 03-188 Erie.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • September 30, 2004
    ...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......
  • McLeland v. 1845 Oil Field Servs., Civil Action No. SA–14–CV–1117–XR.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • March 16, 2015
    ...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
  • Almy v. Kickert Sch. Bus Line, Inc., Case No.: 08-cv-2902
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • January 7, 2013
    ...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......
  • Badgett v. Rent-Way, Inc., Civil Action No. 03-188 Erie.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • September 30, 2004
    ...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......
  • McLeland v. 1845 Oil Field Servs., Civil Action No. SA–14–CV–1117–XR.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • March 16, 2015
    ...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......
  • Chaohui Tang v. Wing Keung Enters., Inc., 14-CV-390
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 28, 2016
    ...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
  • Motor Carrier Exemption Applies to Drivers Who can be Expected to Drive Interstate
    • United States
    • LexBlog United States
    • May 19, 2015
    ...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......
  • Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof
    • United States
    • JD Supra United States
    • May 21, 2018
    ...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 ......

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