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Eighth Circuit: Overtime Eligibility for Van Drivers Determined by Present Configuration of Vehicle, Not Original Manufacture

APPLIES TO

All Employers with AR, IO, MN, MO, NE,
ND, and SD Employees who operate vehicles

EFFECTIVE

May 10, 2017

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In LaCurtis v. Express Medical Transporters, Inc., the Eighth Circuit determined that the present design and configuration of a vehicle, rather than its original manufacture capacity, determines the vehicle driver’s eligibility for overtime pay through the Motor Carrier Act exemption of the Fair Labor Standards Act.

Eighth Circuit: Guidance on Overtime Hours When Calculating Intermittent FMLA Leave Benefits

APPLIES TO

Employers with Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota Employees

EFFECTIVE

August 4, 2016

QUESTIONS?

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(888) 378-2456

Tracking intermittent leaves can be an administrative headache.  For one company,  “voluntary” overtime compounded that difficulty.  In Hernandez v. Bridgestone Americas Tire Operations, LLC (“BATO”), the Eighth Circuit provided guidance on determining when overtime becomes mandatory for the purpose of calculating intermittent FMLA leave benefits.