M
michigandriver
Guest
Michigan
The drivers are employed by a employee leasing service, owned by a large motor carrier , and drive commercial vehicles for a small local division of that same motor carrier. The drivers’ contractual duties are described as the transportation of automotive manufacturing parts between various automotive subassembly supplier plants and a major final assembly plant in Lansing Mi.
The subassembly suppliers, warehouse, sub assemble, sequence, and ship on demand various automotive parts needed for the final assembly process of automobiles built at the final assembly plant and are all located within 30 miles of the plant.
The employer does not pay overtime compensation as required under section 7 of the Fair Labor Standards Act and is using an inappropriate application of section 13(b)(1) of the same act which offers an exemption to the provisions of overtime under section 7 to drivers, "whose duties affect the safety of operation of motor vehicles in the transportation on public highways of passengers or property in interstate or foreign commerce".
The inapplicability of the exemption used by the employer to avoid paying overtime provided by section 13(b)(1) of the Fair Labor Standards Act can be ascertained by the following facts as they relate to the contractual duties and activities of the drivers employed at the local division of the company:
1. The transportation of the goods within the state between the various suppliers and the final assembly plant is not transportation in “interstate or foreign commerce”, within the definition of the act, because movements from points outside of the state from all out of state shippers, whom have no fixed and persistent intent beyond the warehouse and distribution location of such suppliers, has stopped and ended its practical continuity of movement, and movements to points out of the state has not yet begun until final assembly of the automobiles is complete. 29 CFR PART 782.7
2. An employee who drives a motor vehicle is not exempt under the provisions of 13(b)(1) by virtue of the fact that he is a "driver" alone. He is not exempt if his job duties never involve “transportation in interstate or foreign commerce”. 29 CFR PART 782.3
3. The exemption of an employee under 13(b)(1) depends not only on the class to which his employer belongs but also depends on the class of work involved in the employees job. Although the parent company hires employees whom perform duties that regularly require them to operate commercial vehicles in interstate or foreign commerce, the contractual duties of the drivers employed at the local division does not, nor could any driver employed at the local division be reasonably expected under his contractual duties, to perform any work involving the transportation of goods in interstate or foreign commerce. 29 CRF PART 782.2
4. The Federal Motor Carrier Safety Administration distinguishes interstate commerce as being “determined by the essential character of movement, manifested by the shippers fixed and persistent intent at the time of the shipment, and is ascertained from all facts and circumstances surrounding the transportation”. Our shipping papers show, the shippers intent at the time the goods are loaded onto our trucks to be transported involves only transportation in INTRASTATE commerce between the suppliers and the final assembly plant.
The drivers are employed by a employee leasing service, owned by a large motor carrier , and drive commercial vehicles for a small local division of that same motor carrier. The drivers’ contractual duties are described as the transportation of automotive manufacturing parts between various automotive subassembly supplier plants and a major final assembly plant in Lansing Mi.
The subassembly suppliers, warehouse, sub assemble, sequence, and ship on demand various automotive parts needed for the final assembly process of automobiles built at the final assembly plant and are all located within 30 miles of the plant.
The employer does not pay overtime compensation as required under section 7 of the Fair Labor Standards Act and is using an inappropriate application of section 13(b)(1) of the same act which offers an exemption to the provisions of overtime under section 7 to drivers, "whose duties affect the safety of operation of motor vehicles in the transportation on public highways of passengers or property in interstate or foreign commerce".
The inapplicability of the exemption used by the employer to avoid paying overtime provided by section 13(b)(1) of the Fair Labor Standards Act can be ascertained by the following facts as they relate to the contractual duties and activities of the drivers employed at the local division of the company:
1. The transportation of the goods within the state between the various suppliers and the final assembly plant is not transportation in “interstate or foreign commerce”, within the definition of the act, because movements from points outside of the state from all out of state shippers, whom have no fixed and persistent intent beyond the warehouse and distribution location of such suppliers, has stopped and ended its practical continuity of movement, and movements to points out of the state has not yet begun until final assembly of the automobiles is complete. 29 CFR PART 782.7
2. An employee who drives a motor vehicle is not exempt under the provisions of 13(b)(1) by virtue of the fact that he is a "driver" alone. He is not exempt if his job duties never involve “transportation in interstate or foreign commerce”. 29 CFR PART 782.3
3. The exemption of an employee under 13(b)(1) depends not only on the class to which his employer belongs but also depends on the class of work involved in the employees job. Although the parent company hires employees whom perform duties that regularly require them to operate commercial vehicles in interstate or foreign commerce, the contractual duties of the drivers employed at the local division does not, nor could any driver employed at the local division be reasonably expected under his contractual duties, to perform any work involving the transportation of goods in interstate or foreign commerce. 29 CRF PART 782.2
4. The Federal Motor Carrier Safety Administration distinguishes interstate commerce as being “determined by the essential character of movement, manifested by the shippers fixed and persistent intent at the time of the shipment, and is ascertained from all facts and circumstances surrounding the transportation”. Our shipping papers show, the shippers intent at the time the goods are loaded onto our trucks to be transported involves only transportation in INTRASTATE commerce between the suppliers and the final assembly plant.
